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Last Updated: June 01, 2022
Hey Favor, Inc. IS NOT A PROVIDER OF MEDICAL SERVICES. WE DO NOT HAVE PHYSICIANS OR OTHER STAFF, AND WE CANNOT HANDLE ANY EMERGENCY. DO NOT USE THE SERVICES IF YOU NEED MEDICAL CARE OR ARE EXPERIENCING A MEDICAL EMERGENCY. IF YOU NEED MEDICAL CARE, PLEASE CONTACT YOUR PHYSICIAN. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM.
1. Terms Of Service Generally
Favor is a healthcare organization consisting of the following: Hey Favor, Inc.; FVR Medical Group, Inc.; MobiMeds, Inc. dba Favor; and MedPro Pharmacy, LLC dba Favor Pharmacy (collectively "Favor," "We," "Us," and "Our."). These Terms of Service (the "Terms") govern the relationship between you and Favor, Inc. Hey Favor, Inc. provides you with prescription management services that may include some or all of the following: SMS (text) messages, a downloadable application, and a web module which collectively is the "Service."
While you should read these terms in their entirety, please note in particular:
- You agree that we may send you SMS (text), push, email messages or in-app notifications regarding healthcare products and services., including, but not limited to, i) prescription reminders, refill reminders, and auto-refill services; ii) medication synchronization services; iii) medication recalls, iv) generic medication launches; v) medication adherence programs and co-pay coupons and vi) and app availability messages.
- You MUST notify us if you change your cellular phone number or stop using it. If you do not notify us, there is a risk that messages meant for you will be sent to the new subscriber to whom your former number is assigned.
- You must keep your phone private and secure in order to protect the protected healthcare information that we will send to you.
- Text and email messages are not encrypted by your telecommunications carrier and therefore may not be secure. By using our services, you accept the security and privacy risks involved.
By using our Services, you agree that any health-related content found in the Services provides only general, reference information and is not intended to be a specific guide for self-medication purposes or a substitute for professional medical advice. If you have questions, you should discuss the content provided with a licensed healthcare professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before taking or using any device, medication, or supplement discussed on the Services.
We reserve the right to make changes or modifications to these Terms at any time and in our sole discretion. If we make any changes to these Terms, we will notify you of the amended Terms by posting them to our Website. The amended Terms will be effective immediately upon posting. It is your responsibility to check the Website for any changes to these Terms, and you will be deemed to have accepted such changes by continuing to use the Services. If at any time you choose to no longer be bound by these Terms, you must stop using the Services.
2. Grant Of License
Subject to your agreement and continuing compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download and install the Applications on devices that you own and control, and to run the Applications solely for your own personal, non-commercial use. We reserve all rights in and to the Applications that are not explicitly granted to you in these Terms.
All of the information, text, graphics, pictures, data, video content, software, music, sounds, and other works of authorship (collectively, the \"Content\"), including the selection and arrangement of such Content, contained within the Services or is otherwise made available through the Services, is owned, controlled, or licensed by or to Favor, and is protected by copyright, patent, trademark, trade dress, and other laws of the United States and other countries. Subject to your compliance with these Terms, we grant you a limited, non- exclusive, non-transferable, non-sublicensable, and revocable license to view, download, and print the Content for your own personal, non-commercial purposes. Except as expressly provided in these Terms, you may not copy, reproduce, republish, upload, display, reverse engineer, modify, create derivative works from, transmit, resale, distribute, or exploit for commercial gain any of the Content without our prior express written permission.
3. Account Registration
To use the Services, you will be required to create an account with Favor (an "Account"). As part of the Account creation process, you will provide an email address and password. Your email address and password are your credentials to access the Services. You are responsible for keeping your password and log-in information secure. If you believe that your password has been stolen or compromised, it is your responsibility to change your password right away, either from within the Services or by contacting us at[email protected].
As part of the Account creation process, you will also provide certain personal information, including but not limited to your name, birthdate, phone number, and shipping address. It is your responsibility to keep your information accurate and up to date.
You will not:
- Create multiple Accounts;
- Provide false personal information to us or create any Account for anyone other than yourself without such person's permission;
- Use a username that is the name of another person with the intent to impersonate that person; or
- Use another person's Account unless that person has authorized you to do so.
While Favor is unable to delete your information for at least 10 years depending on the state in which you live, we can deactivate your account should you choose to stop receiving services from us. If you wish to deactivate your Account, please send an email to[email protected].
4. Eligibility And Conduct
You will use the Services only for their intended purposes as communicated to you by us. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Services to:
- Engage in any act that we deem conflicts with the spirit or intent of the Services;
- Conduct any unlawful act or solicit others to perform or participate in any unlawful acts;
- Violate any international, federal, or state laws, regulations, or court orders;
- Interfere with or circumvent the security features of the Services, any other websites, mobile applications, software or hardware or the internet;
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer the Services;
- Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
- Harass, abuse, insult, harm, defame, slander, disparage, or intimidate a person; or
- Solicit or attempt to solicit personal information from other users or collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Services.
5. Suspension And Termination Of Account And Services
WITHOUT LIMITING ANY OTHER REMEDIES, FAVOR RESERVES THE RIGHT TO LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCOUNT OR YOUR ACCESS TO THE SERVICES OR PORTIONS THEREOF, WITH OR WITHOUT NOTICE TO YOU, IF YOU ARE, OR FAVOR SUSPECTS THAT YOU ARE FAILING TO COMPLY WITH ANY OF THESE TERMS.
If you believe that your Account has been wrongfully terminated, please contact us at[email protected].
6. Patient Choice
By signing up for Favor, you have the option to use our Telemedicine and/or our Pharmacy Services. Upon using our Telemedicine Service, you have the choice to use a pharmacy owned by Hey Favor, Inc., a pharmacy affiliated with Hey Favor, Inc., or another pharmacy of your choice. Pharmacies owned by Hey Favor, Inc. or affiliated with the Favor may be referred to here as "Favor Pharmacies." When you sign up for the Services, you will inform Favor of any pertinent medical and medication history in order to provide you with the best care.
7. Transfer Of Prescriptions
When you create an Account, we give you the opportunity to transfer your prescriptions from your current pharmacy to us. By entering your current pharmacy’s information into the Services and clicking transfer my prescriptions, you authorize us to contact your current pharmacy and request a transfer of your prescriptions to Favor Pharmacies to dispense your medications for your next refill.
In order to more efficiently serve you, we may determine it is necessary to transfer your prescriptions from one of Favor Pharmacies to another. By agreeing to these terms, you expressly authorize and affirmatively request that we transfer your prescriptions between Favor Pharmacies when necessity and/or efficiency require. Your prescription label will always contain the address and phone number of the pharmacy that has filled your prescription.
In the event that one of our affiliated pharmacies is no longer able to fill all or part of your prescription order or ceases its affiliation with Favor, you agree to transfer all prescription and non-prescription products to a pharmacy owned by Hey Favor, Inc. to prevent any gap in coverage. You may opt-out of this transfer by contacting us via email at[email protected]
Auto-Refill registration is a continuation of the services provided. By registering for Auto-Refill, you accept these terms, conditions, limitations, and requirements.
YOUR AUTO-REFILL REGISTRATION WILL AUTOMATICALLY CREATE A NEW ORDER ACCORDING TO YOUR CHOSEN DELIVERY SCHEDULE, UNTIL YOU CANCEL.
When you register for Auto-Refill, you expressly acknowledge and agree to be charged you for orders (in addition to any applicable taxes and other charges) for as long as your Auto-Refill registration continues. THE CHARGE FOR EACH AUTO-REFILL SHIPMENT WILL BE BILLED TO THE PAYMENT METHOD USED TO CREATE YOUR SUBSCRIPTION OR AS OTHERWISE DIRECTED BY YOU. The total cost charged to your payment method for each Auto-Refill shipment will be the cost of the item on the day that order is processed, plus any applicable sales tax, shipping costs, and other charges. Some of your Auto-Refill registration details may change as you receive shipments over time (for example, price, taxes, availability, and shipping charges).
YOU MAY CANCEL YOUR REGISTRATION AT ANY TIME VIA TEXTING OR CALLING OUR PATIENT CARE TEAM. IF YOU CANCEL AFTER YOUR NEXT SHIPMENT HAS BEEN SHIPPED, YOU WILL BE RESPONSIBLE FOR ALL CHARGES INCLUDING ANY APPLICABLE TAXES, SHIPPING COSTS AND OTHER CHARGES INCURRED PRIOR TO THE CANCELLATION OF YOUR REGISTRATION.
You can edit your Auto-Refill registration, including changes of items or item quantities, via texting or calling our Patient Care Team, at any time prior to the preparation or date of your next shipment, and any requested changes will be reflected in your next shipment.
We may, in our sole discretion, change these Terms without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Your continued registration after we change these Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must cancel your registration.
9. Authorization To Contact You
It is important for us to be able to contact you to keep you updated on any issues related to the Services. We may send you notifications related to prescription and order status, your insurance coverage, your doctor's instructions, delivery confirmations, security alerts, Applications updates, new services, and other administrative messages. You acknowledge that the transmission of information over the internet and wireless communication networks are never completely private and secure and may be intercepted or read by others. Therefore, by using the Services, you authorize us to send you messages by e-mail, text-message (SMS), Applications notification or phone that may contain personal information or medical information. If you wish to communicate with us securely, we can give you a secure phone call. Text messages sent to or received by us may count towards monthly quotas on your mobile phone plan. Standard text messaging rates apply.
10. Consent To Electronic Disclosures
11. Communication With Your Health Care Professional
12. Payment For Medications
It is your responsibility to pay any out-of-pocket expenses for the medications you receive from the Favor, including any co-pay required by your prescription drug benefit plan. When you make a payment for using the Services, you authorize us to keep your credit card on file for future purposes. For continuity of care, you agree to automatic refills according to your state laws to prevent any gap in medication coverage. You may opt out of automatic refills by contacting us. See #8, \"Auto-Refill\" above. Favor is authorized to search a national healthcare database for your pharmacy insurance information. For patients who do not have insurance or choose not to use insurance, medication prices may vary depending on specific circumstances. A comprehensive charge schedule is available upon request.
Upon signing up, you designate employees of Hey Favor, Inc. as your Account representative. Your Account representative will pick up your medications from a licensed pharmacy and deliver them to the address that you enter in the Services during the time window indicated to you in the Services. If you are not home at the time of delivery, we will attempt to contact you by phone, text message, or through the Services. If we are unable to contact you, you authorize us to leave your medications at another location that you indicate in the "Special Delivery Instructions" field in the Services."
14. Pharmacy Refund Policy
It is against federal law for pharmacies to accept returned medications from patients. Once a prescription is dispensed by the pharmacy, the order is final and cannot be returned or refunded. If you wish to modify or cancel your prescription order, you must notify us within 24 hours of receiving the reminder text message (SMS) that your refill is being prepared. You can make these changes by calling us at (772) 217-4557 or by replying to the reminder message at 44872. If you wish to cancel, this can also be done through your patient dashboard.
15. Resolution Time
If you believe there was an error with your prescription delivery, you must notify us within 14 days of the date your package was shipped. Your shipping date is located in the tracking link information that was sent via text message (SMS).
16. Undelivered, Lost or Damaged Medications
If your package has been lost or your medication damaged during transit, you must notify us within 14 days of the date your package was shipped (according to your tracking link). Our pharmacy team will be happy to work with you to find a solution for your missing or damaged package.
We welcome feedback from all our users. If you have feedback about how we can improve the Services, please let us know by sending an email to[email protected]. You assign all intellectual property in any suggestions, ideas, or feedback that you provide to us related to the Services.
18. Third-Party Website
We may provide links to third-party websites or services that are not owned or controlled by us. We assume no responsibility for the content, privacy policies, or practices of any third-party website or service. We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services. It is your responsibility to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
19. Disclaimer Of Warranties
USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE PROVIDE THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; AND (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF SERVICES OR COMMUNICATIONS PROVIDED BY A PARTNER PHARMACY OR AN AFFILIATE OF A PARTNER PHARMACY. WE EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESSED OR IMPLIED, RELATED TO THE COMPETENCY, QUALITY OF WORK, OR QUALIFICATIONS OF A PARTNER PHARMACY. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: \"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES AND REMOVE THE APPLICATIONS FROM YOUR MOBILE DEVICE. THIS SECTION 19 SHALL NOT APPLY TO THE PROVISION OF PROFESSIONAL PHARMACY SERVICES BY FAVOR PHARMACIES.
20. Limitation Of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING FROM (i) THE USE OR INABILITY TO USE THE SERVICES, (ii) THE UNAUTHORIZED ACCESS OR ALTERATION OF DATA, TRANSMISSIONS, OR COMPUTER SYSTEMS RELATED TO THE SERVICES, OR (iii) ANY OTHER MATTER RELATING TO THE SERVICES, WHETHER BASED ON CONTRACT, TORT, PRODUCT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH LIMITATION SHALL NOT APPLY TO YOU. IF, NOTWITHSTANDING THE OTHER PROVISIONS IN THESE TERMS, WE ARE FOUND TO BE LIABLE TO YOU, ANY LIABILITY TO YOU BY US, BY ANY PARTNER PHARMACY, OR BY ANY OTHER BUSINESS PARTNER WILL NOT EXCEED THE GREATER OF (a) THE FEES PAID BY YOU TO FAVOR IN THE SIX (6) MONTHS PRECEDING THE CAUSE OF THE LIABILITY, OR (b) ONE-HUNDRED DOLLARS ($100). THIS SECTION 20 SHALL NOT APPLY TO THE PROVISION OF PROFESSIONAL PHARMACY SERVICES BY FAVOR PHARMACIES.
Sections 2, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 shall survive any termination or deletion of your Account.
You agree to indemnify, defend and hold harmless Favor, our officers, directors, shareholders, successors in interest, employees, agents, subsidiaries, and affiliates from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorney’s fees and costs) arising out of or in connection with (i) your violation of these Terms or any applicable law or regulation, whether or not referenced herein, (ii) your violation of the rights, including intellectual property or other proprietary rights, of any third party, (iii) your User-Generated Content, or (iv) your use or misuse of the Services.
23. Governing Law And Venue
24. Dispute Resolution
In the event of any controversy or dispute between the Favor and you arising out of or in connection with your access to or use of the Services the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
25. General Terms
26. Contact Us