Last Updated: August 3, 2021
Not Medical Advice
The contents of the Site and Services are for informational purposes only and are intended to assist you in understanding your health. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGES OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY MATERIALS, CONTENTS, PRODUCTS, SUPPLIES, INFORMATION, IDEAS, OR ADVICE CONTAINED IN https://energy.americaspharmacy.com, AND/OR SERVICES.
You acknowledge and agree that certain Services provided through the Site and Services, depend on information that you input into the Site. We do not recommend or endorse any drug or product or course of treatment.
We do not recommend or endorse any specific prescription drug or product or health care provider or pharmacy that may be mentioned on the Site. Reliance on any information provided by us, our employees or Third Parties is solely at your own risk. The information provided by the Site and Services is not a basis for diagnosis of any medical condition, disease, or therapy.
YOU ARE ADVISED TO ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT OR ALTERING YOUR EXISTING TREATMENT. https://energy.americaspharmacy.com AND THE SERVICES ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOU AND YOUR UNIQUE MEDICAL HISTORY. YOU AND UNDERSTAND AND AGREE THAT YOU SHALL NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE BECAUSE OF SOMETHING YOU READ OR LEARNED FROM https://energy.americaspharmacy.com AND/OR THE SERVICES.
Services offered through the Site and the Card are NOT health insurance benefits or policies and are not intended as a substitute for health insurance.
The Site and Services are intended for personal, non-commercial use only. Use of the Services is voluntary. The Card may NOT be used in conjunction or combination with any state or federal government funded healthcare program such as Medicare or Medicaid or any other non-public insurance program or plan.
Services offered through the Site may include a prescription drug discount card which may be printed from the Site or electronically presented at a participating pharmacy via the Site (the “Card”); prescription drug discount pricing information; related services; and other services from time to time as provided for as part of the Site.You may only use the Site to view information for which you are authorized and to search for legitimate prescription medication deals.You may not use the Site to access any information for which you are not authorized or to facilitate the dispensing and/or provision of any false or fraudulent prescriptions or health care services or devices or supplies.
You agree that you are responsible for all phone and data charges you incur through the use of the Site.
We reserve the right to disable the Site or specific features or functionality or make them available to anyone for any reason at any time, without notice or liability to you.
You acknowledge and agree that the Services may be provided by Third Parties, including prescriptions by participating pharmacies. We do not guarantee the quality of the Services or products offered by any Third Party, including but not limited to any participating pharmacy, any vendor, or any service provider. Our Site is provided to you in part as a tool to evaluate an estimated price at the time of pricing search for a particular prescription drug. Our Site and Services do not constitute advice on how to manage your overall prescription drug costs or your health.
You may also have received a Card from a third-party sponsoring organization, with or without having provided that third party with your name or other enrollment information. You may cancel your Card registration at any time or file a complaint by calling the toll-free customer care number at 844-863-0353. The Card is administered by MedImpact Healthcare Systems, Inc. For more information about the Card, please see https://energy.americaspharmacy.com and the linked Member Agreement on the Site.
The Card allows you to obtain discounts on certain prescription drugs purchased through participating pharmacies. There is no fee to obtain or use the Card. However, you will be responsible for paying the cost of the prescription drugs as specified by the participating pharmacy. You are required to pay for the cost of all prescription drugs at the time of purchase. Prices do not include sales or other taxes. We may receive fees and/or rebates related to your prescription drug purchases using the Card.
If you have commercial prescription drug insurance, you can use your Card for certain prescriptions that are not covered by your insurance or for savings for your family members that are not covered by insurance. Pricing using the Card may not apply towards your deductible or result in lower out of pocket costs to you over a long period of time.
If you do not have any prescription drug insurance, you can use your Card for savings on many brand name or generic prescriptions you or a household member pays for out-of-pocket unless other restrictions apply.
To obtain discounts, you will need to present your Card before you pay for any prescription or other product. The range of the discounts presented to you on the Site reflects the best estimate of the pricing available at the time or your request, and will vary depending on the prescription drug, the participating pharmacy chosen, your selected geographical location, and any other search requirements you provide. We cannot guarantee the exact price you will pay when you get your prescription filled at the participating pharmacy.
With the Card, you are free to fill your prescription at any pharmacy, regardless of whether you decide to use the Card.
At this time, the Site does not require you to create an Account to use the Services.
We may allow you to request and receive pricing information and coupons via communications including, but not limited to, text messaging and email. When you use the Site or send text messages or e-mail to us, you are communicating with us electronically. By using the Services and/or requesting pricing and other information and coupons from us, you are consenting to be contacted with prescription-related information and to receive communications from us electronically by SMS or text messages, emails or by posting notices on the site. You acknowledge that texting and email are not secure methods of communication and that there may be some risk that the information in the communication(s) could be read by an unauthorized third party. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Minors and Use of Service as a Legal Guardian
You agree to comply with all laws, rules, and regulations applicable to your use of the Site. In addition, when using the Site, you agree to:
Not take any action that interferes with the proper working of the Site, compromises the security of the Site, or otherwise damages the Site or any materials and information available through the Site.
Not solicit the performance of any illegal activity or other activity that infringes our rights or the rights of others.
Not attempt to gain unauthorized access to any portion or feature of the Site, to any other systems or networks connected to the Site, to any of our servers, or to any of the Services offered on or through the Site, including but not limited to by hacking, password “mining,” or any other unauthorized means.
Not probe, scan, or test the vulnerability of the Site or any network connected to the Site.
Not attempt to breach the security or bypass the authentication measures on the Site or any network connected to the Site.
Not upload or transmit any viruses, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment to the Site.
Not use the Site, or any Service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, other than your own information, or the information of a person in which you are legally authorized under applicable law to manage his or her care (such as a child or parent), or information that we make available to you through the Site.
Not use any automated means to collect information or content from or otherwise access the Site, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission.
Provide accurate and current information, and not to provide information that attempts to impersonate another individual.
Maintain and promptly update such information to keep it accurate and current.
Be financially responsible for all use of the Site.
Regardless of whether you have chosen to opt out of certain marketing offers from us, by using the Site you agree that we may market our services and the services of other companies on the Site through the use of banner ads, “hyper-links”, and other similar marketing devices. Products offered will be at our sole discretion and may be provided by us and/or by companies not affiliated with us. Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. We do not legally endorse or guarantee products or services provided by non-affiliated companies.
Accuracy of Information
We attempt to be as accurate as possible in the provision of the Services made available through the Site. Despite our efforts, the information on the Site and/or provided through the Services may occasionally be inaccurate, incomplete, or out of date. If a price referenced through the Site is not as described, your sole remedy is to accept the correct pricing or forgo the transaction.
WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY, OR CURRENCY OF ANY INFORMATION ON THE SITE OR PROVIDED AS PART OF THE SERVICES. YOU ACKNOWLEDGE THAT WE HAVE NO DUTY OR OBLIGATION TO MAINTAIN THE ACCURACY OF, OR UPDATE ANY SUCH INFORMATION, AND AGREE THAT YOUR RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.
Links to Other Sites
Disclaimer of Warranties
WE PROVIDE ACCESS TO https://energy.americaspharmacy.com AND SERVICES, INCLUDING SERVICES PROVIDED BY THIRD PARTIES, "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY SERVICES OR CONDUCT OF PROVIDERS OF THIRD PARTY SERVICES. WE DO NOT WARRANT https://energy.americaspharmacy.com AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT AVAILABLE THROUGH https://energy.americaspharmacy.com AND SERVICES. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, ALERT, NOTIFICATION OR OTHER MATERIAL OR DATA DISPLAYED OR UPLOADED OR DISTRIBUTED THROUGH https://energy.americaspharmacy.com AND/OR SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN https://energy.americaspharmacy.com AND SERVICES. WE DO NOT GUARANTEE OR WARRANT THAT https://energy.americaspharmacy.com AND/OR SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN VIRUSES, WORKS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS; WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTED TO SUCH FEATURES. IF YOU RELY ON https://energy.americaspharmacy.com AND/OR THE SERVICES AND ANY MATERIALS AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK. BY USING THIRD PARTY SERVICES, YOU HEREBY WAIVE AND RELEASE ANY CLAIMS AGAINST US FOR ANY AND ALL RESPONSIBILITY OR LIABILITY TO ANY DAMAGE, OR ANY OTHER CLAIM, THAT MAY ARISE IN CONNECTION WITH USAGE OF THE THIRD PARTY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF https://energy.americaspharmacy.com AND THE SERVICES OR INFORMATION, AND HYPERLINKED SITES. SERVICES AND INFORMATION PROVIDED BY HYPERLINKED SITES OR THIRD PARTIES MAY BE SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS OF THOSE PROVIDERS. WE MAKE NO WARRANTY THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR SERVICE OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE OR THROUGH HYPERLINKED SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Other Limitations of Liability
WE CANNOT AND DO NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF https://energy.americaspharmacy.com AND SERVICES. BY ACCESSING THE SITE AND SERVICES, YOU AGREE TO HOLD HARMLESS AND WAIVE ALL CLAIMS AGAINST US AND OUR RELATED PARTIES AND THIRD PARTIES REGARDING THE INFORMATION PROVIDED AND YOUR USE OF IT. IN ADDITION, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR OUR RELATED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES - EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES - OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF OUR NEGLIGENCE OR WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR CLAIM RELATED TO THE SITE AND SERVICES IS YOUR STOPPING YOUR USE OF THE SITE AND SERVICES. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF THE COMPANY AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
We will notify you of any claim made by a third party for liability or expense arising from your use of the Site and/or Services, in whole or in part, directly or indirectly. You in turn agree to indemnify, defend, and hold harmless Company and its affiliates, respective officers, directors, employees, contractors, agents, and other related parties for any such claim, including reasonable attorneys' fees.
Governing Law; Attorneys' Fees
Operation of the Site
MedImpact Healthcare Systems, Inc.
10181 Scripps Gateway Ct.
San Diego, CA 92131
Digital Millennium Copyright Act ("DMCA") Notice
Notice To California Residents
Under California Civil Code Section 1789.3, California residents are entitled to additional specific consumer rights information. To file a complaint regarding the Site or to receive further information regarding use of the Site, please contact through the form available at the “Help” link on https://energy.americaspharmacy.com, email at [email protected], or our administrator, MedImpact Healthcare Systems, Inc., Attn: Privacy Team/Regulatory Compliance, 10181 Scripps Gateway Ct., San Diego, CA 92131, toll-free at 844-863-0353. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.