Terms, Conditions and Privacy Policy

You are enrolling in the Affordable Prescription Assistance membership program (the “Membership Program” or the “Program”) which is administered by Affordable Prescription Assistance LLC (the “Company”). The Membership Program is designed to assist members in the application for participation in pharmaceutical companies’ free prescription assistance programs (“PAP’s”). 

The following Membership Agreement and Terms of Service (the “Agreement”) sets forth legally binding terms between You (“You”, “Your”, “Customer”, or “Member”) and the Company for your use of The Company’s Program.

1. Through the Membership Program, the Company provides Members with access to professionals who assist in applying for available patient assistance programs (“PAPs”) for the purpose of obtaining access to prescribed medication(s) at little to no cost. these programs are free and readily available to individuals who meet the required qualifications.  The Membership Program may include, but is not limited to, the following services, which are performed as needed.  

1. Collecting and reviewing Member documentation in order to determine eligibility for PAP’s.
2. Assisting members in completing applications relating to PAPs which may include communication with Member's medical providers. 
3. Submission of applications to PAP’s for approval.
4. Follow up with PAP’s administrators as needed. 

The Company may require Members to submit documentation, by upload, fax, mail, or other means. Information required may include, but is not limited to, Member’s finances and prescriptions for the purpose of assisting the Member in applying for PAP’s. Member shall not send any original documentation to the Company unless original documentation is expressly requested by the Company.  

The Company may require additional information from the Member and/or Member’s physician as required. The Company shall not be considered in default of its services due to a member's failure to provide required information

The Company will help Member facilitate the completion of the refilling medications to the best of its ability; however, the Company does not guarantee the refill of any prescriptions. The Company cannot perform medically related services such as, but not limited to, writing prescriptions, change dosages, prescribe alternative medications, or supply additional medication(s). It is the Member’s responsibility to contact the Company at (866) 211-6171 or EMAIL to confirm a refill. Member shall give the company at least 30 days notice for refills. It is Member’s responsibility to follow up with Member’s physician to ensure the application is properly completed and signed. Once signed it is the Member’s responsibility to ensure all necessary documents are enclosed with the completed application and sent back to the Company. Upon receipt of all necessary documentation, the Company will submit the application to the PAP administrator.  

Each PAP contains its own requirements for eligibility. These PAP’s may change the requirements at any time and without notice. Continued enrollment in any PAP is not guaranteed. The receipt of medications for little to no cost from pharmaceutical companies is a possible benefit of the Membership Program, but is not guaranteed. The company does not guarantee acceptance into any PAP. The company is not responsible for the reimbursement, or cost of any medication before your acceptance into the specific PAP.  A Member is not purchasing or receiving any medication(s) from the company.  The Company is not responsible for the reimbursement or cost of any medication(s). 

This membership is not insurance.  This membership is not intended as a substitute for insurance and is not a medicare or a prescription drug plan. The Company is not a mail order pharmacy.  The Company, its employees and its agents are not physicians or licensed pharmacists. The Company is not associated with the government. 

2. Exclusive Use of Membership to End-Users Only. The Membership Program is offered only to individual end-users who purchase monthly memberships to receive the services. The Membership Program is limited only to the personal, non-commercial use by the Member only. In no event shall any person be authorized to purchase a Membership for further distribution or resale or for any other commercial or business purpose. The Membership Program and all rights associated therewith are personal and non-transferable.  

3. Membership Fees. The company charges an administrative and processing fee to assist in applying for and renewing these programs. The fees you are paying are not fees for your medication costs or the delivery of medications, and are not co-pays. Membership is for a period of one year and membership annual premiums are charged in monthly installments.  Your annual membership fee is $563..64, which shall be billed $46.97 per month for twelve (12) months.

Prescription Add-on Fee: There will be an additional fee of $15.00added per month for each additional name brand medication requested after enrolling.  

4. Membership Term and Cancellation of Membership: 

1. Once the member is accepted into a PAP, the membership shall remain in force for twelve (12) months. Prior to being accepted into a PAP program, the Member may cancel the Membership with 30 days notice by calling customer service at 866-211-6171 or email at EMAIL .  Membership benefits shall cease immediately and automatically. The Membership shall automatically renew on an annual basis unless canceled by the Member no less than thirty (30) days from the anniversary date. 
2. The Company may cancel membership at any time with thirty (30) day notice. If Company cancels the membership any remaining monthly payments shall cease to be owed. Membership shall automatically cancel if a monthly installment becomes more than 30 days past due. 

5. Right of the Company to Modify Fee Amounts. The Company reserves the right to modify any and all of its fees at any time. The Company will provide notice, which shall be sent via electronic mail to the e-mail address on file with the Company, no less than twenty (20) days prior to modification of any fee. Notice shall be deemed given upon transmission. 

6. Refund Policy: The Company will provide a full refund of all amounts paid where all of the following conditions are met: 1) the Member submits all requested documentation to the Company within thirty (30) days of the request, 2) the Member is denied by all PAPs applied for on Member’s behalf, 3) the Member supplies all denial letters to the Company within thirty (30) days of the date of receipt of each denial and 4) the member requests a refund from the Company. 

The member shall have a 30 day period from the initial payment to cancel the membership for any reason and receive a full refund, if the Member has not already been approved into a PAP program.

7. Additional Charge for Generics. Some pharmacies may offer generic medications with an additional charge per medication. If the Member is eligible for such medications, the Company will inform them of their eligibility and the specific charges for each generic medication in writing, at least three (3) days before initiating any charges. Charges will be processed using the Member's registered payment method on file. To opt out of medication refills, the Member must notify the Company in writing at least thirty (30) days before the refill date, using the email address EMAIL ADDRESS

8. Important Disclaimers. Member understands and acknowledges the following important information:  

1. The Company does not house or distribute medications. Members are not purchasing or receiving any medication from the Company.  Members are solely responsible for properly consuming and handling any and all medication(s).  
2. Most PAP’s require that applications be completed and signed by both the Member and the prescribing medical doctor. Member is responsible for supplying required information, including but not limited to, income and insurance information. Member’s physicians may be required to include certain medical information, including but not limited to, prescription information.
3. A pharmaceutical company may send medication(s) to the office of the Member’s physician, directly to the Member or may send a voucher that can be taken to a pharmacy.  Medications may arrive at different intervals and in more than 30 day supply.
4. The Company is not a mail order pharmacy.
5. The Company, its employees and agents are not physicians or licensed pharmacists.
6. This membership is not insurance. This membership is not intended as a substitute for insurance and is not a medicare or other prescription drug plan. The Company is not associated with the government.
7. The Company assists Members in the application for participation in manufacturing pharmaceutical companies’ free prescription assistance programs. These programs are free and readily available to individuals who meet the required qualifications.  
8. The company is not a licensed insurer, health maintenance organization, or other underwriter of health care services. providers are solely responsible for the professional advice and treatment rendered to members and the Company disclaims any liability with respect to such matters.
9. The Company doesn't give any medical advice and makes no warranties or guarantees of medical advice, the need or safety of any medication or any other medical services. 

9. Disclaimer of Liability and Warranties. The Company makes the following disclaimers of liability and warranties.  

1. This Membership is furnished “As Is” and without warranties, representations or conditions, statutory or otherwise of any kind. The Company, its affiliates, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns expressly disclaims all representations, warranties and conditions, whether express, implied or statutory, including, without limitation, the implied warranties of non-infringement, title, merchantability, and fitness for a particular purpose and does not represent that the Membership will meet any individual’s specific requirements. This limitation of remedies is a part of the bargain between Member and the Company. No oral or written information or advice given by the the Company, its Associates or Representatives or any person on behalf of the Company shall create a warranty or condition or in any way change this exclusion of warranty. Nothing in this Section shall exclude or limit these warranties, representations or conditions to the extent they may not be lawfully excluded or limited by applicable law, in which case, such warranties, representations or conditions will be excluded and limited to the greatest extent permitted by applicable law. The Company shall under no circumstances be liable for any damage alleged to have been caused by a provider, prescribed medication, or pharmaceutical company including any harm, injury, loss or damages of any kind incurred by Member or anyone else. This limitation shall also apply with respect to damages resulting from any transactions or potential transactions, goods or services promised or exchanged, information or advice offered or exchanged, or other content, interactions, representations, communications or relations through, related to Member’s relationship with a provider or pharmaceutical company.
2. In no event shall the Company, its affiliates, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns be liable to you, or any third party, for any special, indirect, incidental, punitive, exemplary, reliance, or consequential damages of any kind, including, but not limited to, breach of any express or implied warranty or condition, breach of contract or tort (including, without limitation, negligence or strict liability), even the Company, its affiliates, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns has been advised of the possibility of such damages. This waiver includes any failure to obtain medication at a discount, any failure to receive medications shipped to you or your medical provider, and any failure on the part of a third party to send the proper medication or dosage. 
3. If, notwithstanding the forgoing, the Company, its affiliates, and each of their respective directors, officers, employees, contractors, agents, successors, and assigness is found to be liable to you or any third party for any damage or loss with arises under or in connection with your use of the Membership, any total cumulative liability shall in no event exceed the the amount you paid the Company for the Membership.

10. Class Action Waiver; Arbitration.  By entering into this Agreement, Member hereby irrevocably waives any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with this Agreement must be asserted individually. In the event of any controversy between the parties, including but not limited to any claims, dispute, suite, demand, cross claim, counterclaim, or third-party complaint (where statutory, in tort, or otherwise) arising out of or relating to this agreement or its performance, breach, termination, enforcement, interpretation or validity, including the validity, scope or applicability of this provision to arbitrate, shall be determined by binding arbitration. This arbitration is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. and not by any state rule or statute governing arbitration. Arbitration under this provision shall be conducted in either the county in which the consumer resides or the closest metropolitan county. THE PARTIES AGREE THAT ARBITRATION SHALL BE BEFORE A SINGLE ARBITRATOR ON AN INDIVIDUAL BASIS AND NOT AS A CLASS OR MASS ACTION. FURTHER, THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS. The Arbitration shall be administered by the American Arbitration Association (“AAA”), or another nationally known consumer arbitration service on which the parties shall agree. Arbitration shall be administered according to the arbitration service’s fee schedule and the service’s current applicable rules and procedures except: 1) that the parties expressly waive the applicability of any rule governing class or mass action; and 2) that the parties agree that any specific arbitration procedure provided for herein shall apply to the arbitration proceeding. The arbitrator shall be neutral and independent and shall comply with the selected arbitration service’s code of ethics. Additionally, the arbitrator shall be guided by and apply the Federal Rules of Evidence and “governing substantive” law. The arbitrator’s award shall be final and binding on all parties, but subject to review in accordance with applicable statutes, rules and regulations governing arbitration awards. Judgment on the arbitration award may be entered in any court having jurisdiction over the parties. If a party fails to comply with the arbitrator’s award, the other party may petition a court having jurisdiction to enforce the award. The parties shall bear their own attorneys’ fees unless such fees are expressly provided for by applicable law. If the arbitrator determines that reasonable attorneys’ fees are to be awarded under applicable law, the parties agree that the arbitrator will also determine the amount under the award for attorneys’ fees. In the event a party fails to proceed with arbitration, fails to comply with the arbitrator’s award or unsuccessfully challenges the arbitrator’s award the other party is entitled to any costs and expenses incurred, including a reasonable attorneys’ fee for having to compel arbitration or defend or enforce the award. 

Binding Arbitration means: (1) that both parties give up the right to a trial by jury; (2) that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of appealable issues expressly provided for in 9 U.S.C. § 16; and (3) that discovery may be severely limited by the arbitrator, and should the arbitrator decide to allow full discovery, the arbitrator may not exceed discovery limitations set forth by the Federal Rules of Civil Procedure. 

11. Electronic and Voice Communication Consent. By completing this verification you agree to receive all communications, including your membership details, electronically. You should be receiving your confirmation email within 24-48 business hours of your payment being processed. By completing this document you expressly consent that Affordable Prescription Assistance, and its affiliates, agents, representatives or anyone calling on its behalf, may from time to time contact you by any means at any telephone number, physical address or electronic address, that you may be reached. Company, its affiliates, agents, representatives or anyone calling on its behalf may make calls and/or send text messages to you at any telephone number associated with your account, including wireless telephone numbers that could result in charges to you. The manner in which these calls or text messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or automatic telephone dialing system. You further agree that Company, Its affiliates, agents, representatives or anyone calling on its behalf may send emails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law. Specifically, Company, may use third parties for customer service. You give express consent to Third Party Customer Service LLC or any other third party to contact you for anything related to your purchases in this document and/or future promotions. Consent may be revoked at any time, in writing, by emailing optout@customerservicedept.org

12. Notice of Voice Consent to Electronic Transactions, Signatures and Documents. Member consents and agree to the use of electronic signatures of documents. Member further consents and agrees that his or her recorded voice consent shall also serve as his or her signature. Member will be fully responsible for reviewing the application which has been produced by a voice signature and will review this Service Agreement carefully to ensure Member’s full understanding of all provisions of the service. 

13. Authorization to Communicate With Medical Providers and Pharmaceutical Companies. Members acknowledge that as part of the application process, the Member may need to complete a Power of Attorney to give permission for representatives of the Company to communicate with the Member’s medical providers, pharmaceutical companies, PAP administrators or any other persons needed for the approval of a specific PAP. Member authorizes the Company to directly communicate with Member’s doctor(s), pharmacist(s), other medical specialist(s) as well as representatives of the pharmaceutical companies whose medication(s) Member’s doctor(s) have prescribed. Member authorizes such individuals to work with the Company and help Member qualify for available PAPs and allow the Company to coordinate and help to obtain prescriptions and refills on Member’s behalf and subject to Member’s medical provider’s prescription. 

14. Severability: If any provision of this contract is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15. Entire Agreement. This Agreement and any terms herein incorporated by reference, constitute the entire agreement between Member and the Company and govern Member’s use of the Membership Services, superseding any prior agreement, whether oral or written.

16. Non-Waiver. The failure of the Company to exercise any right or enforce any provision of the Agreement shall not constitute a waiver of such right or provision. Accuracy of Information: The Member agrees that all information provided to the Company, whether in applications, forms, or otherwise, shall be truthful and accurate to the best of their knowledge. The Member acknowledges that providing false or misleading information may result in penalties under perjury laws. The Company shall not be liable for any consequences arising from the submission of false or inaccurate information by the Member.