OptimizeRx Corporation

Patient Engagement Terms and Conditions

Program Name

OptimizeRx' mobile Health manager™

This is a list of numbers that you may be receiving messages from:

Longcode(s): (201) 212-4610, (201) 212-5332, (201) 231-7111, (201) 231-7171, (201) 231-7271, (201) 231-7272, (201) 231-7332, (201) 231-7335, (201) 380-6004, (215) 330-2273, (248) 817-4588, (442) 333-7668, (458) 772-2737, (520) 226-4122, (562) 740-8010, (614) 907-4716, (623) 300-2440, (732) 520-2693, (781) 808-3422, (855) 951–4040, (888) 651-1049

Shortcode(s): 90803, 84883, 82866, 55150, 60994, 77087, 41424, 30322, 99181, 21848

Program Description

Mobile Health manager™ programs provide patients with two-way sms based tools to better manage their health via:

  • Medication and/or refill reminders, and/or
  • Condition and/or medication specific educational content, and/or
  • Patient assistance program information, and/or
  • Two-way chat with a clinician, and/or
  • Other health care related content and interaction

Caregiver family and/or friends can also receive escalation alerts if the patient fails to confirm medication intake, educational content and other health related information. Both Patient and Caregiver have to consent to the Caregiver receiving escalation messages.

Supported Carriers

OptimizeRx services works on following US carriers:

Major Carriers: AT&T, Verizon Wireless, Sprint, and T-Mobile USA.

Minor Carriers: Advantage Cellular (DTC Wireless), Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, NTelos, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, Plateau (Texas RSA 3 Ltd), RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless).

Cost

If you have an unlimited texting plan, the programs are free, otherwise message and data rates may apply.

Message Frequency

Subscribers to OptimizeRx' mobile Health manager™ determine the number of message alerts they receive by setting up their own alerts at http://mhm.carespeak.com.

How to Opt-out

To opt-out of OptimizeRx' mobile Health manager™, reply STOP to the number you received the messages from. Refer to top of page for list of numbers. An unsubscribe message will be sent to your number confirming the cancellation, but no more messages will be sent after that one.

Support/Help

For support or information about OptimizeRx' mobile Health manager™, reply HELP to the number you receive the messages from. Refer to top of page for list of numbers. Optionally, you may email us at support@carespeak.com.

Privacy Policy

OptimizeRx' mobile Health manager's top priority is the privacy of our users. The following is provided to address any concerns you may have:

  • OptimizeRx' mobile Health manager™ will never, under any circumstances, sell or distribute your cell phone number to third parties or OptimizeRx' mobile Health manager™ clients for whom you have not approved.
  • OptimizeRx' mobile Health manager™ will never directly market to you any services for which you have not opted in, either by cell phone, text message or email.
  • OptimizeRx' mobile Health manager™ will never distribute any personal information about you, including your phone number, name, billing information or any other piece of identifying information.
  • If you have any questions, please send an email to support@carespeak.com

Terms and Conditions

This website and/or software application is owned and operated by OptimizeRx Corp. ("OptimizeRx"). OptimizeRx also does business as CareSpeak® and mobile Health manager (mHm), and these names are used to refer to OptimizeRx. The words "we" and "our" refer to OptimizeRx. We operate websites ("Websites") and web based and mobile device based software applications ("Applications") under the following names: carespeak.com and mobile health manager (mHm) (each a "Website" and/or "Application" and, collectively, the "Websites and Applications"). "You" refers to you or, if the patient is a minor or under the care of a duly authorized caregiver, to the parent, guardian, or such caregiver, or health care professional and/or organization that has contracted with OptimizeRx for the patient's access to the services offered through our Websites and Applications. By enrolling someone else to use the service, you agree to the above Terms and Conditions, including but not limited to its limitations and disclaimers. You also agree to inform the patient about your intent to sign them up for one or multiple OptimizeRx services and to gain their prior consent before doing so.

The following terms and conditions ("Terms and Conditions") govern your use of the Websites and Applications and services offered through the Websites and Applications. By accessing, viewing, or using the content, material, or services available on or through the Websites and Applications ("Content"), you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them.

If you do not agree to these Terms and Conditions, you are not granted permission to use the Websites and Applications and must exit immediately. These Terms and Conditions may be changed at any time. Notice of any new or revised Terms and Conditions, as well as the location of the new or revised Terms and Conditions, will be posted on the Websites and Applications for at least 60 days after the change. It is the obligation of users visiting the Websites and Applications to learn of any changes to the Terms and Conditions since their last visit. Any change to these Terms and Conditions will be effective upon posting and apply to any visitor who has visited the Websites and Applications before the change was made.

LIMITED LICENSE

Subject to these Terms and Conditions, OptimizeRx grants you a nonexclusive, nontransferable, revocable, limited license to access and use the Websites and Applications and Content. OptimizeRx may revoke this license at any time, for any reason. Your use of this Websites and Applications and Content is further subject to the terms of our Privacy Policy, which is posted on this Website.

NOT MEDICAL ADVICE

OptimizeRx offers text message, e-mail, and voice-based communications ("Communications") for medical therapy management. Information on the Websites and Applications is not intended to constitute an offer to sell or a solicitation of any particular OptimizeRx product or service. OUR CONTENT AND COMMUNICATIONS ARE NOT INTENDED TO BE A REPLACEMENT OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE CONTENT AND COMMUNICATIONS DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU WILL SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH-CARE PROVIDER WITH ANY QUESTIONS THAT ARISE REGARDING ANY MEDICAL CONDITION. YOU ACKNOWLEDGE THAT ALL INFORMATION AND GUIDANCE PROVIDED BY OPTIMIZERX IS SOLELY AT YOUR OWN RISK. You understand that OptimizeRx does not endorse any particular physician or health-care provider for the treatment of any specific medical condition.

You assume sole responsibility for the proper use and scheduling of any medications, treatments, and procedures related to the patient's health-care and disease management. OptimizeRx assumes no responsibility for the accuracy or appropriateness of any information entered and stored by you either on the Websites and Applications or any device you use to receive communications from OptimizeRx. If you give us information about the schedule of drugs that are not accurate, OptimizeRx is not responsible for the possible consequences.

INFORMATION YOU PROVIDE

We have a Privacy Policy setting out OptimizeRx' online information gathering and dissemination practices with respect to the Websites and Applications. View the Privacy Policy which is incorporated into these Terms and Conditions by reference, as if set forth fully herein.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Neither OptimizeRx nor its employees, agents, suppliers, third party information providers, merchants, licensors, or the like warrant that the Websites and Applications or their operation will be accurate, reliable, uninterrupted, or error-free. OptimizeRx will not be liable in any way to you or to any other person for: (1) any inaccuracy, error, or delay in, or omission of, any information or the transmission or delivery of any such information, or (2) any loss or damage arising from, or occasioned by, (a) any such inaccuracy, error, delay, or omission, (b) nonperformance, or (c) interruption in any such information, due to "force majeure" event, including, but not limited to, any natural disasters (flood, extraordinary weather conditions, earthquake, fire), war, insurrection, riot, labor dispute, accident, action of government, communications, electronic or power failure, telephone or other interconnect problems, unauthorized access, theft, operator errors, or equipment or software malfunction, or any other cause beyond the reasonable control of OptimizeRx.

OUR WEBSITES AND APPLICATIONS, THE CONTENT, COMMUNICATIONS, AND ALL SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION WITH OUR WEBSITES AND APPLICATIONS ARE MADE AVAILABLE "AS IS" AND "WITH ALL FAULTS." USE OF OUR WEBSITES AND APPLICATIONS IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO OUR WEBSITES AND APPLICATIONS, CONTENT, COMMUNICATIONS, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION WITH OUR WEBSITES AND APPLICATIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NONINTERFERENCE, QUALITY, TITLE, AND NONINFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT WITH REGARD TO ANY AND ALL CONTENT AND COMMUNICATIONS IS ASSUMED BY YOU. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRACONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATEVER, INCLUDING, WITHOUT LIMITATION, BODILY INJURY OR DEATH, OR LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITES AND APPLICATIONS — INCLUDING BUT NOT LIMITED TO THAT RESULTING FROM FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, NATURAL DISASTERS, STRIKES OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS — THE WEBSITES AND APPLICATIONS MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITES AND APPLICATIONS, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF OPTIMIZERX TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE WEBSITES AND APPLICATIONS, THE CONTENT AND COMMUNICATIONS, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION WITH THE WEBSITES AND APPLICATIONS EXCEED THE PRICE PAID BY YOU, OR FOR YOU, FOR USE OF THE WEBSITES AND APPLICATIONS.

LINKS/ADVERTISEMENTS

The Websites and Applications may link to websites operated by third parties (each a "Third Party Website" and, collectively, "Third-Party Websites"). The inclusion of any link to a Third Party Website does not imply endorsement by OptimizeRx of that Third Party Website, but is for your reference and convenience only. OptimizeRx has not reviewed all of the Third Party Websites linked to our Websites and Applications and is not responsible for the content or accuracy of any Third Party Websites, pages or any other Third Party Website linked to OptimizeRx. Nor does OptimizeRx recommend or endorse any specific tests, products, or procedures that may be mentioned on or represented in advertisements on the Websites and Applications. Linking to any other Third Party Websites, pages or Third Party Website is at your own risk and subject to the terms and conditions of any hyperlinked Third Party Website. The Websites and Applications may also contain advertisements by third parties. Unless otherwise specifically stated on the Websites and Applications, OptimizeRx does not endorse or make any representation regarding the liability, quality, or accuracy of any products or services featured in, or linked to, any advertisement that appears on the Websites and Applications.

COPYRIGHTS

OptimizeRx retains full copyright ownership, rights, and protection in all material contained on the Websites and Applications (including all proprietary software developed with HTML code, Java applets, ActiveX controls and other code). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Websites and Applications without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images, or other material found on the Websites and Applications. You may, however, make single copies of materials displayed on the Websites and Applications for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Websites and Applications. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from OptimizeRx or the copyright owner of the copied material. None of the material contained on the Websites and Applications may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation, or otherwise), resold, or redistributed without the prior written consent of OptimizeRx. All content of OptimizeRx is Copyright © 2006-2020 OptimizeRx Communications Inc. All rights reserved.

TRADEMARKS

The names CareSpeak and mobile Health manager (mHm) and all other trademarks, service marks, trade names, logos, domain names, URLs, and icons ("Marks") appearing on the Websites and Applications, registered or not, are the property of OptimizeRx or their respective owners. Nothing on the Websites and Applications grants you any right or license to use any of the Marks without the express written permission of OptimizeRx or the third-party owners of the Marks. Unauthorized use may violate trademark and other laws.

INDEMNIFICATION

You agree to defend, indemnify, and hold OptimizeRx, its officers, directors, employees and agents, licensors, and suppliers harmless from and against any claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Websites and Applications in a manner that violates or is alleged to violate these Terms and Conditions. OptimizeRx will provide you with prompt notice of any such claim, suit, or proceeding and will reasonably cooperate with you, at your expense, in your defense of any such claim, suit, or proceeding.

TERMINATION

You agree that OptimizeRx may terminate your use of the Websites and Applications at any time for no reason or any reason. You agree that OptimizeRx may modify or discontinue the Websites and Applications, with or without notice to you. You agree that OptimizeRx will not be liable to you or any third party as a result of such modification or discontinuation.

GENERAL PROVISIONS

You expressly agree that exclusive jurisdiction for any dispute with OptimizeRx, or in any way relating to your use of the Websites and Applications ("Legal Action"), will be the courts of Middlesex County, State of New Jersey. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts will be instituted in a federal court in the District of New Jersey. These Terms and Conditions are governed by the internal substantive laws of the State of New Jersey, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect. No waiver of these Terms and Conditions will be deemed a further or continuing waiver of such term or condition or any other term or condition.

SURVIVAL

The provisions entitled "Limited License", "Not Medical Advice", "Disclaimer of Warranties and Limitation of Liability", "Community Forums", "Links/Advertisements", "Copyrights", "Trademarks", "Indemnification", and "General Provisions" will survive termination of this agreement.

FEEDBACK AND COMMENTS

We are pleased to receive feedback, comments, and ideas from users of the Websites and Applications, but we do not want to receive confidential or proprietary information from you. Please note that any information you submit through the Websites and Applications will be considered nonpersonal, nonconfidential, and nonproprietary (other than Personal Information, as that term is defined in our Privacy Policy). If you transmit any ideas, information, concepts, know-how, techniques, or materials to us through the Websites and Applications, you hereby agree that OptimizeRx is free to use them for any purpose without attribution, and that you grant OptimizeRx a royalty-free, unrestricted, and irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute them in any medium.

NOTICE

You may give notice to OptimizeRx at any time via e-mail or by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:

OptimizeRx Corp. 
Attn: Privacy Officer 
400 Water Street, Suite 200 
Rochester, MI 48307 
USA

These Terms and Conditions were updated on October 1, 2019.