If you register as a User, you represent and warrant to Blue Robin that: (a) you are of legal age to form a binding contract; (b) you will provide Blue Robin with accurate, current and complete registration information; (c) you are the owner or authorized user of the wireless device you use to subscribe for the Service; (d) you are authorized to approve and will be responsible for any applicable charges from your carrier; and, (e) your registration and your use of the Service will comply with all applicable laws.
- Message Consent and Opt-Out
Depending upon your selected preferences within the App, You authorize Blue Robin to deliver, to the wireless number, landline or email address, you used when registering for the Service, healthcare messages including, but not limited to, (i) prescription information, prescription reminders, refill reminders and auto refill services, (ii) medication synchronization services, (iii) immunization notices, (iv) medication recalls, (v) information regarding generic medication launches, (vi) notices concerning disease state management programs, (vii) medication adherence programs and co-pay coupons; and (viii) app availability messages. These messages may be automated text message alerts sent using automated dialing technology. Blue Robin does not charge for the Service, but your cellular carrier may charge message and data rates for such messages.
You are not required to become a User of the Service or enter into this Agreement in order to obtain health care goods or services or as a condition of Your Health Plan coverage. If you do not wish to receive these messages, do not register for the Service
You may cancel Blue Robin text alerts at any time by texting STOP to 62867 or by replying STOP to any Blue Robin message. You may cancel push notifications by adjusting the settings on your mobile device, and you may opt out of email messages by clicking on the “Unsubscribe” link at the bottom of a Blue Robin generated email. You may also modify your communication preferences within the App.
- Ownership of the Service
Blue Robin is the owner of all right, title and interest, including all proprietary rights, in the Service. All of the software, text, images, marks (including without limitation trademarks and service marks), logos, and other content used or embodied in the Service (collectively, the “Blue Robin Materials”) are proprietary to Blue Robin or to third parties.
The Blue Robin Materials and other marks associated with the Service are registered or unregistered trademarks of Blue Robin. This Agreement does not grant to you, and you do not obtain, any right or license in or to any of the Blue Robin Materials or to any marks of Your Health Plan or the Pharmacy.
- License to Use the Service
Blue Robin authorizes you to use the Service, and the Blue Robin Materials embodied therein, solely for your personal, non-commercial purposes in your capacity as a User. You may not remove any copyright, trademark or other proprietary notices that have been placed in the Blue Robin Materials. Except as expressly permitted by this paragraph, you may not modify, copy, redistribute, republish, upload, post, transmit, or otherwise exploit in any way the Service or the Blue Robin Materials, or any portion thereof, without the prior written permission of Blue Robin. Any recompilation, reverse engineering, reverse compiling, disassembly, translation or reduction of the software in the Blue Robin Materials to human-readable form is prohibited, except to the extent otherwise permitted by applicable local law. You shall not damage, impair, interfere with, or disrupt the Service or its functionality.
- General Restrictions
You will comply with all applicable laws and with Blue Robin’s and Your Health Plan’s published user policies relating to the Service. In connection with your use of the Service, you will not: (a) impersonate any person or entity; (b) forge or manipulate headers to disguise the origin of any communication sent using the Service; (c) damage, impair, interfere with or disrupt the Service or its functionality; or (d) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Service, or which, in Blue Robin’s sole judgment, exposes Blue Robin, Blue Robin’s affiliated companies, successors, assigns, or any officer, director, employee or agent of any of them (collectively, “Blue Robin Related Parties”), or Your Health Plan or the Pharmacy, to any liability or detriment of any type. You will not submit, upload to, or distribute through the Service any material that: (i) is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense; or, (ii) infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party. Additionally, you should not use the App or read or respond to messages from Blue Robin while operating a motor vehicle.
Blue Robin and Your Health Plan reserve the right to keep records of your use of the Service.
- Your Security Obligations
By using the Service, you are making your personal information, including that related to your prescription history and activity, viewable on your mobile phone. In order to protect your privacy, you must comply with the following obligations:
- You must keep your mobile phone and the information on it secure, including by password protecting your phone.
- As a matter of convenience, Blue Robin allows you to store your App username and password on your phone, but for your own security suggests you do not enable this feature.
- Do not share your username or password to the Service with others. You are responsible for all use of the Service through your account.
- If you change your cellular telephone number, you must tell Blue Robin your new number, either by logging in to our mobile app or or by contacting Blue Robin at email@example.com or (844) 447-1783. Please be aware that if your cellular telephone number is reassigned to a new phone customer, and you have not notified us, messages intended for you may be sent to and seen by someone else. In this case, Blue Robin is not responsible for messages, and the content of these messages, being shared with someone else. Providing a notice of a change in telephone number to Your Health Plan is not sufficient.
- Do not use the Service with a device that is shared with others, as your health and personal information could be shared with those individuals through the shared device. Similarly, if you utilize a work or shared email address, your employer or the individual you share the email account with, may have the ability to access your email and the information received in email messages.
- When you opt in to receive healthcare email, push and/or SMS (text) messages you are choosing to receive personal health information and other personal information on your mobile device via an unsecure channel. Depending upon the configuration option chosen, your prescription messages may show a full or partial drug name or part or all of a prescription number. You may change your user settings to receive reminders and notifications in a different format, such as a prescription number instead of a drug name, by replying P to any message or modifying your preferences in the App. This is your personal choice. We encourage you to protect your prescription reminder information carefully and to be aware that others may be able to see your prescriptions on your phone. You are responsible for maintaining the privacy of the messages you receive from us.
We are committed to protecting the privacy of children. The Service is not directed at users under the age of 18. If you are under the age of 18, you are not permitted to register as a User, submit personal health information or other personal information to Blue Robin, or use the Service.
- Proxy Care for Minors and Linking Accounts (As Applicable)
If permitted by Your Health Plan and if you are the primary subscriber of the Health plan, You are able to add accounts of spouses and dependents covered by your Health Plan, if any, such as accounts for the prescriptions of the User’s children, and to remove family member accounts through a single log in. The family member signup process is identical to that of any new User. If the primary User wishes to manage accounts that have already been created, the primary User may add those Users to their account.
As permitted by Your Health Plan, a parent or guardian User may use the Service to manage prescriptions for a minor until that minor turns 18. The Blue Robin account for a minor is referred to as a “Proxy Account.”
A parent or guardian is solely responsible for providing supervision of a minor's use of the Service. As a proxy, the parent or guardian assumes full responsibility for ensuring that the registration information is kept secure and that the information submitted is accurate. When the minor turns 18, we are required to remove them from the Service. At that time, the user can re-register with the Service independently.
To link one or more family accounts to yours, you will need to request access to the family member’s account through our secure process. This includes verification of your family member's email address and may include information from one of his or her prescriptions. You will walk through three easy steps to help verify your identity and then email a request for permission to your family member.
As a proxy, the parent or guardian accepts the terms and conditions of this Agreement on behalf of the minor, as the minor’s proxy for the use of the Service, and agrees that the parent’s or guardian’s relationship with Blue Robin for the minor’s managed account is governed by these same terms and conditions as the parent’s or guardian’s own account.
- Special Terms for Location-Based Services
Location-based services are made possible through technology integrated into many mobile devices. Functions of the Service that provide services based on your current location will not function as intended if location-based services are disabled on your device or not available for any other reason.
By using location-based features of the Service and enabling location-based services, you consent to the transmission of information regarding your current location and the use of that information for the purposes of the Service and waive any privacy-based objection to use of your location.
Even when location-based services are enabled on your mobile device, your device may inaccurately identify your location or make other errors. You use maps and location-based services at your own risk. You realize that you will need to use your own judgment in relying on the information on your mobile device.
- Information, Comments and Ideas Submitted to Blue Robin
Blue Robin is pleased to hear from you and welcomes your comments about the Service. In the event that you submit ideas or suggestions for the Service (“Service Comments”), the Service Comments will be deemed, and will remain, the sole property of Blue Robin. None of the Service Comments will be subject to any obligation of confidence on the part of Blue Robin, and Blue Robin will not be liable for any use or disclosure of any Service Comments. Without limiting the foregoing, Blue Robin will be entitled to unrestricted use and other exploitation of the Service Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Service Comments.
- Warranty Disclaimers and Limitations of Liability
THE SERVICE IS A SOURCE OF INFORMATION, BUT IT DOES NOT PROVIDE MEDICAL ADVICE NOR IS IT A REPLACEMENT FOR THE ADVICE OF A QUALIFIED HEALTHCARE PROFESSIONAL. THE SERVICE IS DESIGNED TO SUPPLEMENT, NOT REPLACE, THE METHODS YOU USE TO OBTAIN MEDICATIONS AND FILL PRESCRIPTIONS AND YOU REMAIN AT ALL TIMES SOLELY RESPONSIBLE, IN CONSULTATION WITH THE PHARMACY AND HEALTHCARE PROVIDER, FOR MANAGING YOUR MEDICATIONS, YOUR PRESCRIPTIONS AND YOUR MEDICAL CONDITIONS. BY AGREEING TO PROVIDE THE SERVICE TO YOU, Blue Robin IS NOT ACCEPTING ANY RESPONSIBILITY FOR MANAGEMENT OF YOUR MEDICATIONS, YOUR MEDICAL CONDITION, OR YOUR RELATIONSHIP WITH YOUR HEALTH PLAN, THE PHARMACY OR ANY OF YOUR HEALTHCARE PROVIDERS. IN NO EVENT SHALL Blue Robin BE LIABLE FOR ANY DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, ANY DEATH, PAIN OR SUFFERING, PSYCHOLOGICAL OR BODILY INJURY, THAT YOU SUFFER, OR THAT YOU CAUSE TO ANY THIRD PARTY, IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY ACTIVITY YOU TAKE OR FAIL TO TAKE IN CONNECTION WITH YOUR USE OF THE SERVICE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Blue Robin, Blue Robin RELATED PARTIES, YOUR HEALTH PLAN, AND THE PHARMACY FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES INCURRED IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICE.
Blue Robin, Blue Robin Related Parties, Your Health Plan, and the Pharmacy will not be liable for any delays or failures in your receipt of any notifications, including SMS message or other electronic communications, scheduled to be delivered by the Service, as delivery is subject to effective transmission from your network operator and processing by your mobile device. Electronic communications sent using the Service are sent using standard text and data protocols and any illegal interception or manipulation of data by a third party will not be the responsibility of Blue Robin, the Blue Robin Related Parties, Your Health Plan, or the Pharmacy. Blue Robin, Blue Robin Related Parties, Your Health Plan and the Pharmacy are not responsible for any data or SMS charges you may incur from your wireless carrier in connection with the use of the Service, and you shall pay any such charges.
Without limitation of the foregoing, the Service and Blue Robin Materials are provided in “AS IS” condition, and Blue Robin, Your Health Plan, the Pharmacy, and Blue Robin Related Parties EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICE OR THE Blue Robin MATERIALS WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE OR THE Blue Robin MATERIALS, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE Blue Robin MATERIALS.
No advice or information, whether oral or written, obtained by you from Blue Robin, Your Health Plan, the Pharmacy, any of Blue Robin Related Parties or through the Service or Blue Robin Materials will create any warranty not expressly stated herein.
YOU USE THE SERVICE AT YOUR OWN RISK, AND Blue Robin, YOUR HEALTH PLAN, THE PHARMACY, AND Blue Robin RELATED PARTIES ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION. IN THE EVENT THAT THE DISCLAIMER IN THE IMMEDIATELY PRECEDING SENTENCE IS NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY FOR ANY DAMAGES WITH RESPECT TO THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO $1 PER USER.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM Blue Robin, YOUR HEALTH PLAN, THE PHARMACY, OR Blue Robin RELATED PARTIES ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF DATA, BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICE OR Blue Robin MATERIALS, EVEN IF Blue Robin, YOUR HEALTH PLAN, THE PHARMACY, OR Blue Robin RELATED PARTIES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Termination and Suspension
Blue Robin or Your Health Plan may suspend or terminate your right to use the Service at any time for any reason. The Service is also subject to termination in the event that your wireless service terminates or lapses. Neither Blue Robin nor Your Health Plan shall have liability to you with respect to any termination or suspension. Blue Robin or Your Health Plan reserves the right to modify the format or features of the Service at any time or to cease providing the Service. Your access to the Service will automatically terminate when you are no longer a covered member of Your Health Plan.
- Applicable Law and Jurisdiction
All matters arising from or relating to the use and operation of the Service will be governed by the substantive laws of the State of Ohio without regard to its conflict of laws principles. You are responsible for your compliance with all local laws, and in no event will you use the Service or Blue Robin Materials in violation of U.S. export laws or regulations.
Any disputes between you on the one hand, and Blue Robin, Your Health Plan, the Pharmacy, and/or Blue Robin Related Parties on the other, arising out of or relating to this Agreement, including the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Service, shall be settled by binding individual arbitration conducted by the American Arbitration Association pursuant to its Commercial Arbitration Rules and Supplemental Procedures for Consumer Related Disputes, except that any party retains the right to bring a claim in small claims court and retains the right to seek injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, or other intellectual property rights. The arbitration shall be conducted by a single arbitrator in Columbus, Ohio, unless the arbitrator shall determine that such venue is unduly burdensome and that a different venue is more appropriate. The interpretation of this clause and the arbitration proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. The arbitrator shall not have the power or authority to certify a class or preside over a class, mass, representative, or consolidated proceeding without our written consent. You acknowledge and agree that you hereby waive any right to a jury trial or to participate in a class action, collective action or other representative action. You may seek relief only on behalf of yourself and only to the extent necessary to remedy your individual claims. This clause shall inure to the benefit of, and may be invoked by, any of Blue Robin’ subsidiaries, affiliates, agents, licensees, employees, contractors, participating pharmacies, or indemnitees and the Blue Robin Related Parties. This arbitration clause shall survive any termination of this Agreement.
- Blue Robin SMS Terms of Service
The Blue Robin SMS Terms of Service, available here, are incorporated into and form part of this Agreement.
In accordance with Federal civil rights law Blue Robin programs and the Service do not discriminate based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, or military status.
- Miscellaneous Provisions
Neither Blue Robin nor Your Health Plan, the Pharmacy, or Blue Robin Related Parties shall be liable, or considered in default, under this Agreement for delays or failures of performance caused by circumstances beyond their reasonable control. No delay or omission by Blue Robin or Your Health Plan, the Pharmacy or Blue Robin Related Parties in exercising any rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Blue Robin or Your Health Plan, the Pharmacy, or Blue Robin Related Parties of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. As used in this Agreement, “including” means “including but not limited to.” If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you, Your Health Plan, the Pharmacy, and Blue Robin regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You may not transfer, sublicense or assign this Agreement, or any rights hereunder, to any third party. You agree that the electronic text of this Agreement constitutes writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
- Additional Terms Applicable to iOS Devices
The following terms only apply if you install, access, or use the App on any device that contains the iOS mobile operating system developed by Apple Inc. (“Apple”). If you use the App on an Apple-manufactured device, and if there is any conflict between the terms in this Section and other terms in this Agreement, the terms in this Section will control.
Acknowledgement. You acknowledge that this Agreement is concluded solely between the Parties, and not with Apple. Blue Robin, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App (the “Usage Rules”), and in the event of any conflict, the Usage Rules shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
Scope of License. The license granted to you is limited to a non-transferable license to use the App on any Apple-branded products that you own or control as permitted by the Usage Rules.
Maintenance and Support. You and Blue Robin acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The Parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Blue Robin. However, you understand and agree that in accordance with this Agreement, Blue Robin has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
Product Claims. You and Blue Robin acknowledge that as between Apple and Blue Robin, Blue Robin, not Apple, is responsible for addressing any claims you may have, as limited by this Agreement, or claims of any third party relating to the App or your possession and/or use of the App, subject to Blue Robin’s indemnification rights, including, but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. The Parties acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, Blue Robin, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required under this Agreement.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the App.
Third-Party Beneficiary. The Parties acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.