Terms of Service

We have contracted with mscripts to provide the Service to you under the terms of this Agreement.But your contract and legal relationship with respect to the Service is with us, and we are responsible to ensure mscripts complies with the terms of the Agreement that apply to us.mscripts is a third party beneficiary of this Agreement and, as such, is entitled to enforce this Agreement’s terms.

If you register as a User, you represent and warrant to us that: (a) you are of legal age to form a binding contract; (b) you will provide 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 solely responsible for any applicable charges from your carrier; and (e) your registration and your use of the Service will comply with all applicable laws.  If you live in a state or country with laws that would either void this Agreement or make your access or use of the Service illegal, then you may not use the Service.  If you decide to use the Service anyway, then you do so at your own risk and without our authorization.

We or mscripts (as applicable) own all right, title and interest, including all proprietary rights, in the Service.  All of the software, text, images, and other content used or embodied in the Service (collectively, the “Content”) are proprietary to us, to mscripts, or to third parties, as applicable.  Copyright laws protect the Content.

The trademarks “Intermountain®”, “Intermountain Healthcare®”, “mscripts®”, “mx mscripts™’, and other trademarks associated with, or displayed in connection with, the Service are registered or unregistered trademarks of Intermountain Healthcare or mscripts, as applicable. This Agreement does not grant to you, and you do not obtain, any right or license in or to any of those marks.

We authorize you to use the Service, and the Content 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 Content. 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 Content, or any portion thereof, without our prior written permission.  You may not recompile, reverse engineer, reverse compile, disassemble, translate or reduce the software in the Service or the Content to human-readable form, except to the extent otherwise permitted by applicable local law.  We may revoke your right to use the Service, or discontinue the Service, at any time and for any reason.

You will comply with all applicable laws and with 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 our sole judgment, exposes us, our affiliated companies, mscripts, mscripts’ affiliated companies, or any officer, director, employee or agent of any of them (collectively, the “Related Parties”) 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. 

We reserve the right to keep records of your use of the Service.

By using the Service you are making your personal information, in the form of 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 we do allow you to store your App username and password on your phone, but for your own security we suggest you do not enable this feature.
• As a matter of convenience we do allow you to store your App username and password on your phone, but for your own security we suggest 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 cellphone number you must tell us your new number, either through the Application hosted at https://intermountain.medrefill.org/imweb/#/home or by contacting mscripts at (866) 968-9523 or intermountain@mscripts.com.
• Please be aware that if your cellphone number is reassigned to a new phone customer, and you have not notified mscripts, messages intended for you may be sent to and seen by someone else. In this case, we are not responsible for messages, and the content of these messages, being shared with someone else.
• Do not use the Service with a device that is shared with others, as your personal information could be shared with those individuals through the shared device.
• When you consent to receive email, push and/or SMS (text) message reminders, refill notifications, and other healthcare messages, you are choosing to send and receive personal information on your mobile device via an unsecure channel and you accept the security and privacy risks involved.  Unencrypted messages may be read in plain text by a third party who intercepts them.  For this reason, we mask your prescription number by hiding the first four digits of the number.  You may change your user settings to allow yourself to receive reminders and notifications with the name of your prescription displayed in plain text. This is your personal choice, and we encourage you to protect this information carefully and to be aware that others may be able to see your prescriptions on your phone.

We are committed to protecting the privacy of children. The Service is not directed at, and does not solicit or accept information from, 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 information to mscripts, or use the Service.

Users of the Service are able to add family member accounts, 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.

A parent or guardian User may use the Service to manage prescriptions for a minor until that minor turns 18.  The account for a minor is referred to as a “Proxy Account”.  When a parent or guardian User registers a minor aged 12 to 17 for a Proxy Account, the Service will notify the parent or guardian User that the minor may have the right, under applicable state law, to consent, and asks the parent or guardian User to obtain consent before registering a Proxy Account for the minor. The parent or guardian User must check a box to confirm that he or she obtained such consent from the minor. If a minor would prefer that his or her Proxy Account be treated as private, and the minor’s request is consistent with the laws of the state in which that pharmacy is located, the minor may request that access to his or her Proxy Account, or to a particular prescription associated with his or her account, be restricted as private. In such a case, the minor may do so by emailing support@mscripts.com or by calling (866) 968-9523.

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 his or her prescriptions through our secure process. This includes verification of your family member's email address and 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 the understanding and agreement that the parent’s or guardian’s relationship with us for the minor’s managed account is governed by these same terms and conditions as the parent’s or guardian’s own account.

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 using 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.

In the event that you submit ideas or suggestions for the Service to mscripts (“Service Comments”), the Service Comments will be deemed, and will remain, the sole property of mscripts. None of the Service Comments will be subject to any obligation of confidence on our part or on the part of mscripts, and neither we nor mscripts will be liable for any use or disclosure of any Service Comments. Without limiting the foregoing, mscripts 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.

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 at your pharmacy, and you remain at all times solely responsible, in consultation with your pharmacy and healthcare provider, for managing your medications, your prescriptions and your medical conditions. In no event shall we or mscripts be liable to you 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 decision you make or activity you take or fail to take in connection with your use of the Service. You agree to indemnify and hold us, mscripts, and the Related Parties harmless from and against any and all losses, damages, liabilities, costs, and expenses incurred in connection with or arising from your use of the Service or your breach of this Agreement, or both.

Neither we nor mscripts will be liable for any delays or failures in your receipt of any 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.

We and mscripts have taken reasonable steps and have employed industry-standard practices and technology to ensure the integrity and confidentiality of your personal information.However, because even the most secure computer systems can be violated, neither we nor mscripts can guarantee the security of your personal information. 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 our responsibility or the responsibility of mscripts. Neither we nor mscripts is 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 limiting the foregoing, the Service and Content are provided in “AS IS” condition, and we, mscripts,  and the 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 CONTENT 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 CONTENT, AND AS TO THE ACCURACY, COMPLETENESS, USEFULLNESS, OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE CONTENT.

No advice or information, whether oral or written, obtained by you through the Service or the Content will create any warranty not expressly stated herein.

YOU USE THE SERVICE AT YOUR OWN RISK, AND WE, MSCRIPTS, AND THE RELATED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE. IN THE EVENT THAT THE DISCLAIMER IN THE IMMEDIATELY PRECEDING SENTENCE IS NOT ENFORCEABLE, OUR, MSCRIPTS’, AND THE RELATED PARTIES’ 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.IF YOU ARE DISSATISFIED WITH THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE.

UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US, MSCRIPTS, OR THE 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 THE CONTENT, EVEN IF WE, MSCRIPTS, OR THE RELATED PARTIES HAVE 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.

We 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 we nor mscripts shall have any liability to you with respect to any termination or suspension.We reserve the right to modify the format or features of the Service at any time.

You and Intermountain Healthcare agree that 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 Utah, without regard to its conflicts of laws principles. You hereby consent to personal jurisdiction in the State of Utah.If you choose to gain access to the Service from locations other than Utah, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Service or the Content in violation of U.S. export laws or regulations.

Any dispute arising out of or relating to this Agreement, including the breach, termination, enforcement, interpretation, or validity of this Agreement, or your use of the Service shall be settled by binding arbitration conducted by the American Arbitration Association pursuant to its Commercial Arbitration Rules and Supplemental Procedures for Consumer Related Disputes, except that each party 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 Salt Lake City, Utah, 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.  This clause shall inure to the benefit of, and may be invoked by, any of our subsidiaries, affiliates, agents, licensors (including mscripts), employees, contractors, participating pharmacies, or indemnitees.  This arbitration clause shall survive any termination of this Agreement.

The SMS Terms of Service, available here, are incorporated into and form part of this Agreement.In the event of any inconsistency between any part of this Agreement and the SMS Terms of Service, the SMS Terms of Service shall prevail.

We shall not be liable, or considered in default, under this Agreement for delays or failures of performance caused by circumstances beyond our reasonable control. No delay or omission by us in exercising any of our 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 us 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 hereof 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 and Intermountain Healthcare 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. The Privacy Policy here is hereby incorporated into and forms part of this Agreement.

To contact Intermountain Healthcare:

Attn: Intermountain Healthcare Communications
36 South State Street, 22^nd Floor
Salt Lake City, Utah 84111

To contact mscripts:

mscripts, LLC
445 Bush Street, Suite 200
San Francisco, CA 94108