Terms & Conditions

Read these Terms of Use (this “Agreement”) for important information about our content and our Service (as defined below).

Milo Inc. provides the milorx.com website, and any related mobile websites, platforms, services and applications, (collectively, the “Site”), and various related services (e.g., receipt and transfer of prescriptions, cost comparison information, and electronic notification of prescription status), (collectively, the “Service”).

By clicking “I Accept” to this Agreement, or by using the Service (including any access to the Service), you expressly agree to be bound by this Agreement, by and between you and Milo Inc. ( “Milo”, “us” or “we”), which incorporates by this reference any additional terms and conditions posted by Milo through the Site, or otherwise made available to you by Milo. If you do not understand or agree to be bound by these Terms of Use, do not access or use the Site or Service.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

You must be 18 years of age or older to access the Site or use the Service, By using the Service, you affirm that you are at least 18 years of age. If you use the Service as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with this Agreement.

We may update this Agreement by notifying you of such updates by any reasonable means, including by posting the updated Agreement to the Site. Any changes in updating this Agreement will not apply to any dispute between you and us arising prior to the date on which we posted the updated Agreement, or otherwise notified you of such updated Agreement. The “Last Updated” legend below indicates when this Agreement was last changed. You should periodically review this page to determine if this Agreement has been updated. Your continued use of the Service following any updates to this Agreement shall constitute notice and acceptance of any such updates.

No Medical Advice/Discount Programs

Any product content on the Site (including cost-comparison and features identifying any particular pharmacy) is for informational purposes only. In addition, Milo may also gather and display insurance benefit information for informational purposes and is subject to change at any time. The product content may include information regarding generic alternatives for certain prescription drugs. 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 provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of this Site.

As part of the Service, Milo may provide pricing information connected to use of a discount prescription drug card. Your access to these discounts may be facilitated by a card which may be printed from the Site or electronically presented at the pharmacy. Milo may also present pharmaceutical manufacturer sponsored programs, which may have separate and additional terms and conditions which will apply to your participation in such program. We do not warrant or assure the accuracy of the information displayed on the Site or Service.

Please note, discount cards and pharmaceutical manufacturer sponsored discount programs are NOT health insurance. You are required to pay for the cost of all prescription drugs at the time of purchase. Milo does not make payments to any pharmacy or health care provider as part of the Service. Prices do not include sales or other taxes.

Milo does not recommend or endorse any particular medication or pharmacy that may be listed on the Site. Reliance on any information provided by Milo, Milo employees or others is solely at your own risk.

Beta-Testing of Site

You understand and acknowledge that the Site is being provided as a “Beta” and is made available on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing us with feedback on the quality and usability of the Service. The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. We encourage you to back-up all data and information before using it with the site. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, Milo is not obligated to provide any maintenance, technical or other support for the Service.

We reserve the sole right to either modify or discontinue the Site, including any of the Site's features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use.

Site Registration

In order to access the Site, you will be required to register an account and password that can be obtained by completing an online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. Some of this Registration Data will be forwarded to the receiving pharmacy along with the prescription information (whether in written or electronic form) in order for the receiving pharmacy to clinically assess the appropriateness of any transferred prescriptions prior to fulfillment. Milo assumes no liability for the accuracy of the receiving pharmacy filling your prescription to the extent that such information was forwarded to them accurately based on the Registration Data provided by you and any manually entered prescription data by Milo employees.

Disclaimer of Warranty

Although Milo reserves the right to correct any errors, omissions, or inaccuracies, we do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, content, materials, services, products, merchandise, functionality or other resources (collectively, “Resources”) available on or accessible through the Service (even typographical or imaging errors), including the substance, accuracy, or sufficiency of any service or product information listed on the Service. Further, we do not represent that the Service will operate without interruption or error, nor do we provide any assurances of the availability or usability of the online shopping services.

Milo does not accept any liability for the consequences arising from the application, use, or misuse of any Resources contained on or made available through the Service, including any injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise.

Milo further disclaims any responsibility for the accuracy, reliability, currency, availability, or completeness of any Resources found on any third-party sites that link to or from the Service. Milo also does not accept any responsibility for technical failures or for unauthorized access of user transmissions or Materials by third parties.

Your access and use of the Service and any other Internet sites, including any Resources contained on, or otherwise made available by, them, is solely at your own risk.

Milo and its vendors will attempt to keep the information, services and resources accessible through the Service timely and accurate, but make no guarantees, and disclaim any implied warranty or representation about the Service’s accuracy, relevance, timeliness, completeness, reliability, security or appropriateness for a particular purpose.

MILO AND ITS VENDORS DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION, CONTENT, SERVICES, PRODUCTS, MERCHANDISE, MATERIALS, FUNCTIONALITY, AND ANY OTHER RESOURCES AVAILABLE ON O R ACCESSIBLE THROUGH THE SERVICE, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, MERCHANDISE, MATERIALS, FUNCTIONALITY AND OTHER RESOURCES ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.

Without limiting the generality of the foregoing, Milo makes no representation or warranty that the quality of any goods, services, information or other materials purchased or obtained through the Service will meet your expectations, or that any password protection or other security measures for Materials that you may use or allow others to use in connection with the Service will prevent unauthorized access to such Materials, or that any such Materials will not be accessed or misused by any other party.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MILO OR ITS SUPPLIERS OR VENDORS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS OR PARTNERS (COLLECTIVELY, “ MILO PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDEN TAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGEN CE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, ANY DEFECTS IN THE SERVICE, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAI LABLE, ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Neither Milo nor its suppliers or vendors guarantee the sequence, accuracy, or completeness of any information or content on this or any other Internet sites and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby.

THE OPERATION O F THE SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND MILO’S OR ITS SUPPLIERS’ OR VENDORS’ CONTROL. THE OPERATION OF THE SERVICE, WHETHER BY MILO , ITS SUPPLIERS OR ITS VENDORS, MAY NOT BE SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD P ROTECTION AND ANY OTHER SECURITY MEASURES MAY NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS YOU MAY USE OR ALLOW OTHER PERSONS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SERVICE.

WITH RESPECT TO PRODUCTS, GOODS, O R SERVICES PURCHASED THROUGH MILO’S SUPPLIERS’ AND VENDORS’ SITES, IN NO EVENT SHALL ANY MILO PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ANY LIABILITY ON THE PART OF THE MILO PARTIES, IN THE AGGREGATE, SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED OR $25, WH ICHEVER IS GREATER.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASE PARTY. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF USE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

You acknowledge and agree that the limitations set forth above are fundamental elements of this Agreement and the Service would not be provided to you absent such limitations.

Indemnification

You hereby agree to indemnify, defend and hold the Milo Parties harmless from any liability, loss, claim, and expense (including reasonable attorneys’ fees) related to or arising out of your use of the content on the Service, or any Materials that you submit, post, or transmit through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.

Changes to the Service

Milo and its suppliers and vendors may change or modify the information, services, products, materials, and any other resources contained on or accessible through the Service, or discontinue the Service altogether, at any time without notice. In addition, please note that although our goal is to provide accurate information, certain features that may be offered through our online services, such as pricing information, are updated on a periodic basis and therefore the information displayed may have changed. Further, the pricing information displayed on the Site comes from a variety of third party sources and Milo makes no warranties as to the correctness of the information.

Your Obligations

You agree to use the Service only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the Service in any way. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the Service will not be tolerated, including by means of hacking or defacing any portion of the Service, or by engaging in spamming, flooding, or other disruptive activities. You are strictly prohibited from communicating on or through the Service (including in connection with any Materials) any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. We reserve the right to terminate or suspend your access to and use of the Service, or parts of the Service, without notice, if we believe, in our sole discretion, that it is in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third party partners, affiliates, sponsors, providers, licensors, or merchants.

You must not post, transmit or otherwise make available through or in connection with the Service any virus or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

You agree to use the Service to access only your individual prescription information. Accessing, or attempting to access, the health information of others, including prescription information, may result in criminal or civil liability. Milo reserves the right to immediately terminate your access to the Site for such unauthorized access.

If you receive health information of others for which you are not legally authorized to receive, including prescription information, whether accidentally or purposefully, you agree to immediately notify us at [email protected] . Further, you agree not to disclose any such information received to anyone, including posting the information on any public medium.

You agree to provide true, accurate, current, and complete information in connection with the Service. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Service. Because any termination of your access to the Service may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Service. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or the Service.

You may be asked to supply a user ID and password and other information to register to use all or part of the Service. We may refuse to grant you a user ID that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. For security reasons, user IDs and passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and you must log out at the end of each session. You are responsible for maintaining the confidentiality of your user ID and password and are fully responsible for all activities (including purchases, as applicable) that occur in connection with your user ID or password such that, for all purposes under this Agreement, any activities in connection with your user ID or password will be deemed to be your activities. You agree to immediately notify us of any unauthorized use of either your user ID or password or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Service using your user ID or password. All user IDs and passwords remain the property of Milo, and may be cancelled or suspended at any time by Milo without any prior notice or any liability to you or any other person. Milo is not under any obligation to verify the actual identity or authority of the user of any user ID or password. If Milo, in its sole discretion, considers a password to be insecure, then Milo may cancel the password.

You must respond promptly to all email and other correspondence from Milo, including without limitation email and correspondence concerning complaints or concerns regarding your use of the Service and the use of your account.

Your submission of information through the Service is governed by our Notice of Privacy Policy (“Privacy Policy”), which, among other things, explains how we seek to protect the privacy of the personal information that you provided to us through the Service. By accepting this Agreement, you agree to our collection, use and disclosure of information as described in the Privacy Policy.

When participating in sweepstakes or contests offered through the Service, you are urged to review the official rules and regulations governing those promotions. All Materials submitted as part of a contest will be governed by contest rules published with the contest.

You are responsible for obtaining, maintaining and paying for all hardware, software and all telecommunications and other services needed for you to use the Service.