Terms of Use

AMERIPHARM, INC., DBA MEDVANTX PHARMACY SERVICES TERMS OF USE AGREEMENT

Medvantx Pharmacy Services (“Medvantx”) welcomes you. The following Terms of Use Agreement (these “Terms of Use” or the "Agreement") is a binding legal agreement that governs your use of the Pfizer Direct website, administered by Medvantx, available at [PfizerDirect.MedvantxRX.com] (the "Services"). References to "you" and "your" refer to any individual or entity that uses or accesses the Services.

For your ease and convenience, we make this notice available from every page of this website, identified as "Terms of Use" with a link to this notice.

PLEASE READ THESE TERMS OF USE CAREFULLY AS WELL AS THE PRIVACY POLICY FOR THE SERVICES, WHICH IS INCORPORATED HEREIN BY REFERENCE, BEFORE USING THE SERVICES. By clicking the button marked [“I agree”] or by using the Services or any content therein, including linking to the Services, you agree to comply with the Terms of Use. If you do not agree, please exit and disregard the information contained herein.

Please note: These Terms of Use form a legally binding contract between you and Medvantx. By using the Services, you represent that you are at least 18 years of age. You agree that you are fully able and competent to enter into the terms, conditions, obligations, representations, and responsibilities set forth in these Terms of Use, and to abide and comply with these Terms of Use. You may not access or use the Services if you are unable to form a legal binding agreement with Medvantx.

Pfizer Direct Program Terms

How It Works:

The Pfizer Direct program (“Pfizer Direct”) provides a convenient and discreet way to get brand-name Pfizer products delivered to your home. Medvantx, Pfizer’s mail order pharmacy partner administering Pfizer Direct, will process your order upon receipt of your valid prescription and completion ofyour registration.

When placing your brand-name medication order through the Services, you will pay a per tablet price. The Pfizer Direct program operates outside of health insurance and does not accept health insurance, so you will pay this price regardless of whether you have insurance or not.

Eligibility Requirements:

By participating in the Pfizer Direct program (“Pfizer Direct”), you acknowledge that you currently meet the eligibility criteria and will comply with the terms & conditions described below:

  • You must be 18 or older to participate in the Pfizer Direct program.
  • Pfizer Direct is available to residents of the United States and Puerto Rico only; the program is not available to Massachusetts residents or where restricted or prohibited by law. Patients are not eligible to use this card if they are enrolled in a state or federally funded insurance program, including but not limited to Medicare, Medicaid, TRICARE, VeteransAffairs healthcare, a state prescription drug assistance program, or the Government Health Insurance Plan available in Puerto Rico (formerly known as “La Reforma de Salud”).
  • Pfizer Direct operates outside of any third-party insurance. Neither the patient, nor the pharmacy nor anyone else acting on the patient’s behalf, may submit any claim for reimbursement for product dispensed pursuant to this program to any third-party payor, including Medicare, Medicaid, TRICARE, or any other federal or state healthcare program. Out-of-pocket expenses incurred when using this program cannot be applied toward any government insurance benefit out-of-pocket spending calculations, such as Medicare Part D True Out-of-Pocket Costs (TrOOP).
  • Pfizer Direct is not health insurance.
  • Pfizer Direct is offered through our pharmacy distribution partner Medvantx only.
  • You must have a valid physical mailing address in the United States (with the exception of Massachusetts) or Puerto Rico to participate in Pfizer Direct and place orders through the program.
  • Pfizer Direct does not include all Pfizer products. Pfizer Direct is available for certain Pfizer products only. A list of the products covered by this offer can be found here.
  • Data related to your redemption of the Pfizer Direct program offers may be collected, analyzed, and shared with Pfizer, for market research and other purposes related to assessing Pfizer’s coupon programs. Data shared with Pfizer will be aggregated and de-identified; it will be combined with data related to other Pfizer Direct program redemptions and will not identify you.
  • Pfizer Direct cannot be combined with any other savings, free trial, or similar offer for the specified prescription.
  • Pfizer reserves the right to rescind, revoke, or amend this program without notice.
  • This program expires 12/31/2020.
  • As a participant in Pfizer Direct and by placing an order through the Services, you agree to be dispensed brand-name Pfizer products, not generic equivalents.Lower-cost generic equivalents may be available through other means.

    AmeriPharm, Inc., dba as Medvantx Pharmacy Services
    P.O. Box 5736
    Sioux Falls, SD 57117-5736

    NCPDP/NABP Number = 4351968
    NPI Number = 1073692745
    Phone # = 877-655-1400
  • All Pfizer Direct participants must have a valid email address that is the participant's own email and not a shared email account.
  • There are no membership fees for being a member of Pfizer Direct.
  • You may cancel your participation in Pfizer Direct at any time by calling 877-655-1400.
  • Depending on your state of residence, you may need to discuss your prescription with your provider and/or pharmacist in order to ensure that you are prescribed brand-name Pfizer products (not generic equivalents) before you can participate in Pfizer Direct.
  • The amount of prescription medication that may be dispensed to you in a given period of time may be limited by applicable law.

Revisions

You agree to check this website periodically for new information and terms that govern your use of the Services. Medvantx reserves the right to modify the Terms of Use at any time with or without notice to you. New Terms of Use are effective immediately upon posting on the website or through your continued use of the services offered therein. Medvantx may, at its sole discretion, and at any time, discontinue the website or the Services offered therein, or any part thereof, with or without notice to you, or may prevent your use of the Services with or without notice to you.

Ownership of Website and Content

The Services and all content and other information provided by Medvantx, its affiliates, employees, agents, representatives, licensors, or other third-party partners (including Pfizer) through or in connection with the Services (“Medvantx Information”) are the property of Medvantx or its licensors or other third-party partners, as the case may be, and are protected by appropriate trademark, copyright, trade secret or other related laws both in the United States and internationally. You must abide by all copyright notices, information, or restrictions contained in or attached to the Services. The names, logos, and materials displayed in the Services constitute trademarks, trade names, service marks or logos (collectively, “Trademarks”) owned by or licensed to Medvantx, its affiliates, subsidiaries, or related companies. Ownership of all Trademarks and the goodwill associated therewith remains with Medvantx or its licensor, as the case may be. Subject to your compliance with this Agreement, Medvantx grants you a non-exclusive, non-transferable, non-assignable license (without the right to sublicense), solely for your personal, non-commercial use, to access, use and display the Services.

Obligations

You are required to comply with all applicable laws in connection with your use of the Services, and such further limitations as may be set forth in any written or on-screen notice from Medvantx. As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by this Agreement.

Privacy Policy

You agree and consent to the terms of our Privacy Policy, which is incorporated herein by reference. You should review the Privacy Policy, available here here.

Pfizer Direct Mobile Program

If you opt in to the Pfizer Direct Mobile Program, your participation is subject to the Additional Terms for Pfizer Direct Mobile Program Participants, immediately below this Agreement.

No Professional Advice

Any information supplied through the Services is for informational purposes or general guidance only and does not constitute medical, legal, or other professional advice. Health-related information provided through the Services is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. The receipt of any questions or feedback you submit to Medvantx through the Services does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

Links

The Services may contain links to other sites, offering other services ("Linked Services"). You will see Linked Services marked by the following message: "By selecting this link, you will be leaving the Pfizer Direct website and linking to another website, which may be governed by a separate and different Terms of Use and Privacy Policy." Medvantx takes no responsibility for your use of any third-party service and has no control over how those services are offered, administered or operated. Any such use of non-Medvantx controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third-party running the service.

Access and Retention

In order to access and retain this electronic Agreement, you must have access to the World Wide Web, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access devices. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

Export Control Laws

The Services and the information contained herein may be subject to United States export controls, and export controls of other jurisdictions. By using the Services or Medvantx Information, you warrant that you are not located in any country, or exporting Medvantx Information to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Medvantx Information subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to any Medvantx Information, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Paragraph shall survive termination of this Agreement.

Updates to Site

MEDVANTX MAY FIND IT NECESSARY TO UPDATE, OR RESET, THIS SITE. THESE UPDATES OR RESETS MAY AFFECT YOUR INTERACTIONS WITH THIS SITE AND THE SERVICES OFFERED HEREIN. MEDVANTX RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.

Limitations on Warranty and Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES, THE MEDVANTX INFORMATION AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICES, MEDVANTX INFORMATION, AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, ACCURACY, AVAILABILITY OR PERFORMANCE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES. MEDVANTX AND ITS THIRD-PARTY PARTNERS, INCLUDING PFIZER, DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MEDVANTX AND ITS THIRD-PARTY PARTNERS, INCLUDING PFIZER, DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR, (A) THE ACCURACY OF LOCATION BASED INFORMATION TRANSMITTED THROUGH THE SERVICES, (B) THE ACCURACY OR VALIDITY OF ANY INFORMATION TRANSFERRED THROUGH THE SERVICES TO ANY THIRD-PARTY, AND (C) ANY LOSSES (INCLUDING LOST DATA OR INFORMATION) THAT MAY OCCUR AS A RESULT OF A DELAYED OR LOST TRANSFER THROUGH THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MEDVANTX, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD-PARTY PARTNERS, INCLUDING PFIZER,ARISING OUT OF OR RELATING TO THE SERVICES OR THE MEDVANTX INFORMATION IS TO STOP USING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT MEDVANTX, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD-PARTY PARTNERS, INCLUDING PFIZER, ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE MEDVANTX INFORMATION.

IN NO CASE SHALL MEDVANTX’S, ITS AFFILIATES’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’, LICENSORS’, OR OTHER THIRD-PARTY PARTNERS', INCLUDING PFIZER'S, LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO MEDVANTX AS A RESULT OF YOUR ACCESS TO THE SERVICES DURING THE YEAR YOUR CLAIM AGAINST MEDVANTX ACCRUED, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. IN NO CASE SHALL MEDVANTX OR MEDVANTX'S AFFILIATES BE LIABLE FOR INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR THE MEDVANTX INFORMATION OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MEDVANTX’S, ITS AFFILIATES’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’, LICENSORS’, OR OTHER THIRD-PARTY PARTNERS’, INCLUDING PFIZER’S, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

Upon Medvantx's request, you agree to defend, indemnify and hold harmless Medvantx, its affiliates, employees, agents, representatives, licensors and other third-party partners, including Pfizer, against any claim for any liabilities, damages, losses, judgments and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Use by you. Medvantx reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. This Paragraph shall survive termination of these Terms of Use.

Prohibited Uses

By accessing or using the Services, you agree not to:

  1. use any false or inaccurate information for purposes of registering for any promotions offered through the Services, if applicable;
  2. delete or revise any Medvantx Information or other information or content included in the Services;
  3. harvest or otherwise collect information about others, including e-mail addresses;
  4. take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure;
  5. use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted therein;
  6. use any engine, software, tool, agent or other mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services other than (i) the search engine and search agents available from Medvantx on the Services and (ii) generally available third-party web browsers; or
  7. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services.

You further agree not to violate or attempt to violate the security of the Services, including, without limitation, actions such as:

  1. accessing data not intended for you or logging into a server or account that you are not authorized to access;
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  3. attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding," "spamming," "mailbombing," or "crashing," the site;
  4. sending unsolicited e-mail, including promotions and/or advertising of products or services; or
  5. forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

Violations of system or network security may result in civil or criminal liability. Medvantx will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations.

Termination/Modification of this Agreement

Medvantx reserves the right, in its sole discretion to terminate or revise this Agreement at any time without prior notice. You are bound by any such revisions or termination and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound.

Choice of Law and Forum

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You and Medvantx expressly agree to submit to the exclusive jurisdiction and venue of the courts in California inall disputes arising out of or relating to the use of the Services. This Agreement will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.

No Waiver

The failure of Medvantx to enforce any provisions of this Agreementor respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

Severability and Integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Medvantx with respect to your use of the Services and supersedes any previous oral or written communications or documents concerning the subject matter of this Agreement. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intent of the parties, and the remaining portions shall remain in full force and effect.

ADDITIONAL TERMS FOR PFIZER DIRECT MOBILE PROGRAM PARTICIPANTS

Pfizer Direct Mobile Program

  1. When you opt in to the service, you will receive an SMS message to confirm your opt-in.
  2. You can cancel the SMS service at any time. Just text "STOP" to 733378. After you send the SMS message "STOP", you will receive an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from the Pfizer Direct Mobile Program.
    If you want to join again, just opt in as you did the first time, and the Pfizer Direct Mobile Program will start sending SMS messages to you again.
  3. Text "HELP" at any time to 733378 and you will receive instructions on how to contact the Medvantx Customer Care team.
  4. The Pfizer Direct Mobile Program is able to deliver messages to the following mobile phone carriers:

    Major carriers:

    AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.

    Minor carriers:

    Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), Cox, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, Telos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

  5. Carriers are not liable for delayed or undelivered messages.
  6. As always, message and data rates may apply for any messages sent to you from the Pfizer Direct Mobile Program and to the Pfizer Direct Mobile Program from you. You will receive approximately 6 messages per order. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this shortcode, you may contact Medvantx Customer Care at 1-877-655-1400.
  7. You represent that you are the account holder for the mobile telephone number(s) that you provide to opt in to the texting program. You are responsible for notifying Medvantx immediately if you change your mobile telephone number. You may notify Medvantx of a number change by calling their customer care team at 1-877-655-1400 and by re-enrolling in the program.
  8. You agree to indemnify Pfizer Inc. and parties texting on its behalf in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including but not limited to all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
  9. If you have any questions regarding privacy, please review the Pfizer Direct by Medvantx Privacy Policy here.