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Terms and Conditions
This Agreement made between FamilyWize ("FW"), a Pennsylvania corporation, and any person using a prescription drug discount card (“Card” and "Cardholder") distributed by or through FW and various distributing organizations (“Distributing Organizations”).
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FW and Distributing Organizations are information services only. The service which FW and Distributing Organizations provide to Cardholders may allow them to purchase prescription medication at a discount through participating pharmacies. USE OF A CARD BY A CARDHOLDER WILL CONSTITUTE ACCEPTANCE BY A CARDHOLDER OF ALL OF THE TERMS AND CONDITIONS HEREIN.
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Neither this Agreement, nor any of the rights or obligations of Cardholders hereunder, may be assigned, in whole or in part. Cardholders agree that they will use the Card only for their own benefit and for their spouse and dependent children residing in their household. Cardholders shall be responsible for all use of Cards and shall notify FW immediately of any unauthorized use of a Card.
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NEITHER FW NOR ANY DISTRIBUTING ORGANIZATION SHALL HAVE ANY LIABILITY TO ANY CARDHOLDER AS A SELLER OF ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DEFECTIVE PRODUCT. FW AND DISTRIBUTING ORGANIZATIONS MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PRODUCTIVENESS, OR ANY OTHER MATTER, FOR ANY PRODUCTS PURCHASED BY CARDHOLDERS USING A CARD. NEITHER FW NOR ANY DISTRIBUTING ORGANIZATION SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY ACTUAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES. NEITHER FW NOR ANY DISTRIBUTING ORGANIZATION SHALL BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, INCLUDING INFORMATION IN THE CARDHOLDER MATERIALS AND COMMUNICATIONS, PRICE CHANGES OR OUT-OF-STOCK PRODUCTS AVAILABILITY. ALL BENEFITS, DISCOUNTS, PRICES, ACCESS TELEPHONE NUMBERS AND PROCEDURES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
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Any notices from Cardholders to FW must be in writing and shall be deemed to have been given when actually delivered to FW by U.S Mail. Any notice from FW to Cardholders shall be deemed to have been given when delivered to the address the Cardholders have given to FW.
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This Agreement shall be governed by and enforceable in accordance with the laws of the Commonwealth of Pennsylvania. Cardholders agree that service of process may be made by certified mail, postage prepaid, to Cardholder. Cardholders agree that, in the event of any dispute, Cardholders shall be responsible for reasonable attorney's fees and court costs incurred by FW.
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