Terms of Use

Last Updated:
February 24, 2020

WELCOME TO THE FLIPT REVOLUTION!

PLEASE READ THESE TERMS OF USE CAREFULLY, AS YOU ARE AGREEING TO BE BOUND BY THE TERMS BY USING OUR SERVICES.  Flipt, LLC (together, “Flipt,” “we,” “us,” or “our”) provides the Flipt mobile application or the Fliptrx.com website (collectively the “Sites”) and all information therein (all of the foregoing collectively the “Services”).  As used herein, “you” or “your” refers to the individual accessing or using the Services.

Your use of the Services is subject to your compliance with the terms and conditions set forth these Terms of Use, which supplement any additional guidelines or other terms posted by us on the Sites in relation to the Services. By using the Services, you acknowledge that you have read, understand, and agree to be legally bound by the Terms of Use then in effect. Your continued use of the Services is your continued acceptance of these Terms of Use with respect to the Services. If at any point you no longer agree to the Terms of Use, please discontinue your use of the Services. We may deny the Services to you at any time, including in the event you do not comply with the Terms of Use.

These Terms of Use apply to all users of the Services (“Users”), including you and any of your dependents (“Covered Dependents”) that have prescription benefits under a health plan that provides you and/or your Covered Dependents with prescription drug benefits (the “Health Plan”). By using the Services, you agree to these Terms of Use in their entirety, on behalf of you and your Covered Dependents.

You can review the most recent version of these Terms of Use at any time by visiting the Sites. We reserve the right to update, change, or replace any part of these Terms of Use at any time by posting updates or changes to these Terms of Use, and it is your responsibility to check periodically for updates or modifications. By continuing to use the Services, you are accepting any and all changes to these Terms of Use in whatever form they exist when you use the Services.

About Flipt and the Services
Flipt provides pharmacy benefit manager services and is not a pharmacy or health insurance or benefit plan. We are not affiliated with your Health Plan or your employer, but you have access to our Services because you have elected to participate in a Health Plan that has contracted with us to manage these benefits. All drug coverage rules, copays, prior authorization requirements, step therapy and formulary requirements are decided by your Health Plan.

The Flipt Services are provided to assist you in identifying the costs of different alternatives that are available to you with respect to filling prescription drugs that are prescribed to you by your health care providers, and the Services make available to you certain information regarding those prescription drugs. Flipt is not a prescriber of prescription drugs or a medical practice. You are encouraged to use the Flipt Services in consultation with your prescribing health care provider.

The Flipt Services allow you to navigate certain relevant parameters to seamlessly identify a solution for filling your prescription that may work for you and may reduce costs associated with your prescription drug benefits, either for you directly or for your employer (or both).  The Services also allow you to request and receive prescription information including, but not limited to, your drug coverage, copayments and deductibles, pharmacy locations, drug prices, rewards and coupons. Some options provided to you may require a revised prescription from your health care provider.

Eligibility to Use the Services
By requesting to use, registering to use, or using the Services, you represent and warrant that (1) you have the right, authority, and capacity to enter into these Terms of Use, (2) you are over the age of 18; and (3) you commit to abide by all of the terms and conditions contained in the Terms of Use. You also represent and warrant that you:

  • You are an employee or a Covered Dependent covered by a Health Plan serviced by Flipt.
  • You will only use the Services for yourself or on behalf of your Covered Dependents.
  • You reside in the United States or Puerto Rico (the Services are currently available only to individuals who are legal residents of the United States (including Puerto Rico)).
  • You have provided us with the accurate personal information that we deem necessary to provide you with the Services.  If you provide us with inaccurate or incomplete information, we may be unable to provide you with the Services.
  • You are not be a competitor of Flipt intending to use our Services for reasons that are in competition with Flipt.
  • You will not use the Services for any unlawful, deceptive, or other nefarious purpose.

Use of the Services
All of the content and information in the Services are made available only for your lawful, personal use and not for commercial use. Use of the Services is limited to the purposes for which the Services are intended by Flipt, and all unauthorized use is prohibited. You may not use our Services for any illegal purpose and agree that it is solely your responsibility to ensure that your use of the Services is legal. You also may not:

  • Use the Services to ask or encourage others to perform or participate in any illegal acts.
  • Use the Services to violate any international, federal, state, or local regulations, rules, or laws.
  • Use the Services to infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  • Use the Services to harass, abuse, insult, harm, defame, slander, disparage, intimidate, bully, or discriminate, or threaten any of the above, based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or in any other manner prohibited by applicable law.
  • Use the Services to generate hateful speech against any other person or User for any reason.
  • Use the Services to provide false or misleading information.
  • Use the Services to collect, track, or publish the personal information of others.
  • Use the Services to spam, phish, pharm, pretext, spider, crawl, or scrape.
  • Use the Services to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.

You may only possess one User Account.  In order to use the Services, you must create an account (“User Account”) and become a “Registered User.” You agree to provide truthful, accurate, current, and complete information during the registration process and to update your  information promptly as needed to keep it accurate, current, and complete. You should not reveal your username or password to any other person. We will never ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered email address.  All conduct associated with your User Account will be attributed to you unless you notify Flipt that your User Account has been compromised.

Flipt Rewards Program
If your Health Plan is sponsored by your employer, you may be eligible to receive financial incentives (“Rewards”) from your employer for using the Services to make cost-saving choices. If your employer participates in this program, the Services will be designed to provide information that will help you make choices that are more cost effective. You must provide accurate information in order to receive payment of Rewards, and you may be required to accrue a minimum balance (“Minimum Balance”) before your Rewards can be released to you. No interest will be earned by or paid to you on Rewards balances. The availability of and the amounts of Rewards will be as determined by and at the complete discretion of your employer and may change from time-to-time.  Rewards will only be available for qualifying purchases of prescriptions from pharmacies that participate in the Flipt network (“Qualifying Prescriptions”) and will not be available for Excluded Prescriptions. “Excluded Prescriptions” means prescriptions filled at pharmacies (and their participating websites) that Flipt or your employer may, from time to time, elect or be required to exclude based on any applicable laws or regulations or for any other reason.

Flipt may modify the Rewards program and these Terms of Use at any time and in any manner without notice, including but not limited to (1) removing or changing the amounts of Rewards or the rate at which Rewards are under earned by Users, (2) changing the Rewards program structure, (3) revising the procedures and rules for earning Rewards, (4) changing when Rewards expire, (5) associating, combining, integrating, linking, or merging the Rewards program with other programs, and (6) changing the networks of participating pharmacy locations and formats. In addition, Flipt may cancel the Rewards program at any time without notice. We may make these changes even if these changes affect your ability to earn or use Rewards already accumulated by you.

User-Submitted Content
You have the sole and exclusive responsibility for any content, regardless of form or format, that is transmitted, posted or otherwise distributed by you through the Services (referred to as “End User Content”). You assume sole liability for all End User Content posted by you. Flipt is not responsible to and has no obligation or liability to or for monitoring the End User Content, and Flipt does not warrant, guarantee or represent, in any way, the accuracy, quality or integrity of the End User Content. By using the Services, you acknowledge that you may be exposed to content submitted by third parties that may be offensive, indecent or otherwise objectionable and that Flipt is not responsible or liable for this content.

Suspension or Termination of User Access to the Services
Your ability to use the Services will terminate if your participation in the Health Plan terminates or our related contractual relationship to support your Health Plan terminates. Flipt also reserves the right to suspend or terminate your User Account and your access to the Services if you violate these Terms of Use. We also have the right to suspend or terminate your access to our Services at our discretion, in the event of Services downtime, or otherwise, without explanation. We also have the right to limit functionality of your User Account (temporarily or permanently) for technical, security, legal, or other reasons.

Privacy Policy
All information provided by you or collected by us during your use of the Services is governed by Flipt’s Privacy Policy, which is hereby incorporated into the Terms of Use by this reference. Please review our Privacy Policy carefully at: www.fliptrx.com/privacy-policy/. Additionally, by providing your email and phone number, you consent to Flipt using your email or telephone number to contact you to provide the Services, including sending text message communications, mobile push notifications, chat and phone calls. To stop receiving communications through text messages or mobile push notifications, you may to withdraw your consent. Instructions for opting out of text messages are included in the Privacy Policy. Please note that we cannot fully provide the advantages of the Services to you without your email and mobile phone number.

Not Medical Advice; Not a Pharmacy
You acknowledge and agree that the Services are intended solely to assist in the administration of pharmacy benefit services on behalf of the Health Plan. Flipt is not a medical service provider nor do the Services constitute medical advice. Please consult your physician or pharmacist to obtain medical advice, obtain a prescription, or purchase or use any medication or medical products. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

Charges; In-Services Purchases
Most charges applicable to prescriptions that you fill will be collected from you by the pharmacy where you fill the prescription. Through the Services, you will be able to see the charges that apply, depending upon your choice of prescription drugs and pharmacies.

Flipt may enable certain features of the Services that are subject to a fee, and may, from time-to-time offer payment options through the Services, including options for paying pharmacies for your prescription drugs directly through the Services.  Applicable fees, if any, are displayed in the Services in connection with each feature when in use. We reserve the right to change the fees and pricing for items and services offered through the Services at any time.

You are responsible for all purchases and charges on your User Account, whether made by you or anyone that uses your User credentials, including applicable taxes. You may pay using the methods available in the Services from time to time, and you agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may apply.

Internet connectivity is required for access to and use of the Services. You are solely responsible for any costs you incur to access the Services through any Internet, wireless or other communication service, such as any fees for web browsing, messaging, and data usage on an Internet provider’s or wireless carrier’s network. Check with your carrier to determine any fees that may apply.

License Restrictions
You agree that by using our Services, you are receiving a limited license to access, download, and use the Services in compliance with these Terms of Use, applicable laws, and any additional terms located within our Services, which are hereby incorporated into these Terms of Use by reference. We may revoke our license to you at any time for any reason without notice or explanation.

Third-Party Services
At times, the Services may allow you to connect to or to communicate with other apps, websites, or services owned, operated, or controlled by third-parties, including those linked to or by other Users or pharmacies or other medication providers (“Third-Party Services”). Links to Third-Party Services are offered strictly for informational and convenience purposes and should not be construed as referrals or endorsements by us of any Third-Party Services. The Third-Party Services are developed and maintained by each third-party and are governed by the third-party’s own terms of service and privacy policies. You should read the privacy policies and terms of service agreements of all Third-Party Services. We are not responsible for the content of Third-Party Services, nor do we make any warranties or representations with respect to the content, accuracy, opinions, warranties, products or services, privacy or security, intellectual property compliance, or links of such Third-Party Services.

Trademarks and Copyright Content
Flipt®, Flip The Script On RX Prices®, Flipt the Script on Rx Prices™ and FliptRx™  are trademarks of Flipt, LLC, as are other graphics, logos, designs, page headers, button icons, scripts, and service names used throughout our website and software app. These trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion, without the written permission of Flipt, LLC.

You should assume all content and material made available on our website and in connection with our services is protected by copyright law. Aside from user-submitted content, if any, all other materials and other information on the our website and in connection with our services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Flipt, LLC and/or its licensors and are protected by all United States and international copyright laws.

You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Services, including content licensed to us by third parties, without receiving our prior written permission.

Copyright Notices
You agree that Flipt, LLC may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on our website or within our software app.

All notices to Flipt, LLC will be provided by either sending: (i) an email to copyright@fliptrx.com; or (ii) a letter, first class certified mail, to Flipt, LLC, Attn: General Counsel, 210 Hudson St., Suite 803, Jersey City, NJ 07311. Such notices will be deemed delivered upon the earlier of the verification of delivery or two business days after being sent.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Flipt, LLC will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of infringement claims (its “Designated Agent”). Our Designated Agent is:

Flipt, LLC
210 Hudson St., Suite 803
Jersey City, NJ 07311

Attention: Shauna Vernal, General Counsel
e-mail: copyright@fliptrx.com

If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially all of the following:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Flipt, LLC will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA for copyright infringement claims. Inquiries that do not follow this procedure may not receive a response.

REPRESENTATIONS & WARRANTIES; DISCLAIMERS
FLIPT RECEIVES DATA AND INFORMATION FROM MANY INDEPENDENT SOURCES, INCLUDING YOUR HEALTH PLAN, DRUG MANUFACTURERS AND GOVERNMENT AGENCIES. FLIPT CANNOT, AND DOES NOT, INDEPENDENTLY REVIEW, VERIFY, TEST, OR SUBSTANTIATE THE CONTENT OF SUCH DATA OR INFORMATION FOR ACCURACY, TIMELINESS, OR COMPLETENESS AND DISCLAIMS ALL RESPONSIBILITY FOR ANY OMISSIONS OR ERRORS IN SUCH DATA AND INFORMATION AND FOR ANY ADVERSE CONSEQUENCES RESULTING THEREFROM. IN ADDITION, THIS DATA AND INFORMATION MAY NOT NECESSARILY COVER ALL POSSIBLE USES, DIAGNOSES, TREATMENT OPTIONS, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS, DOSAGE LIMITATIONS, LOCAL PRACTICES, OR ADVERSE EFFECTS APPLICABLE TO A PARTICULAR HEALTH CONDITION, DRUG OR TREATMENT OR A PARTICULAR USER. THIS DATA AND INFORMATION IS NOT INTENDED, AND YOU AGREE NOT TO RELY ON IT AS A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE, SKILL, VERBAL COUNSELING, PHYSICAL DEMONSTRATION OF AN ADMINISTRATION TECHNIQUE, OR JUDGMENT OF PHARMACISTS, PHYSICIANS, OR OTHER HEALTHCARE PROFESSIONALS IN PATIENT CARE.

IN LIGHT OF THE FOREGOING, THE SERVICES AND THEIR DATA AND INFORMATION ARE FURNISHED BY FLIPT “AS IS” AND FLIPT, ITS AFFILIATES, AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR THEIR DATA AND INFORMATION OR ANY SERVICES HEREUNDER AND DISCLAIM ALL IMPLIED REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE ARISING OUT OF OR RELATED THERETO INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS AND WARRANTIES (I) REGARDING COMPREHENSIVENESS, SUITABILITY, AVAILABILITY, COMPATIBILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THE SERVICES (IRRESPECTIVE OF ANY COURSE OF DEALING, CUSTOM, OR USAGE OF TRADE) OR ANY WARRANTY THAT THE DATA AND INFORMATION SATISFIES GOVERNMENT REGULATIONS. NO FLIPT EMPLOYEE, CONSULTANT, REPRESENTATIVE OR AGENT IS AUTHORIZED TO MAKE ANY STATEMENT THAT ADDS TO OR AMENDS THE WARRANTIES OR LIMITATIONS CONTAINED HEREIN.

NOTWITHSTANDING THE PRECEDING, IF THERE IS A PRICING OR COPAYMENT ERROR CAUSED BY THE SERVICES THAT CAUSES YOU TO OVERPAY FOR A DRUG CLAIM, FLIPT WILL REPROCESS THE CLAIM AND CORRECT THE PRICING.

LIMITATION OF LIABILITY

YOU AGREE THAT YOU ARE RELEASING FLIPT FROM ANY LIABILITY ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES.  NEITHER FLIPT NOR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR CONSULTANTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR MATERIALS CONTAINED THEREON, ANY LINKED SITE OR ANY CONTENT AVAILABLE THROUGH SUCH LINKED SITE. WE ASSUME NO OBLIGATION AND HAVE NO LIABILITY ARISING OUT OF OR DIRECTLY OR INDIRECTLY RELATED TO ANY SERVICE INTERRUPTIONS OR SITE MALFUNCTIONS; THE CONDUCT OR CONTENT OF ANY SITE USER; COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; LOSS OR CORRUPTION OF DATA; DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR NETWORK; MALICIOUS ACTS OF THIRD PARTIES; FORCE MAJEURE EVENTS; BUSINESS INTERRUPTION OR DOWNTOWN; LOSS OF BUSINESS, PROFITS, OR GOODWILL; ILLEGAL OR IMPROPER USE BY SOMEONE TO WHOM YOU HAVE GIVEN PERMISSION TO USE YOUR USER ACCOUNT OR WHOM YOU HAVE NEGLIGENTLY ALLOWED TO ACCESS YOUR USER ACCOUNT, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU; OR ACTIONS TAKEN OR NOT TAKEN IN CONNECTION WITH INVESTIGATIONS, DEMANDS, OR CLAIMS BY US, INTELLECTUAL PROPERTY OWNERS, LAW ENFORCEMENT, GOVERNMENTAL AUTHORITIES, OR THIRD PARTIES. THE LIMITATIONS ON LIABILITY IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, REGARDLESS OF THE NUMBER OF INCIDENTS OR CLAIMS, AND REGARDLESS OF THE NATURE OF THE DAMAGE, LOSS, CLAIM, OR CAUSE OF ACTION.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, SERVICES OR ANY LINKED SITE IS TO STOP YOUR USE OF IT.  TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES PERMITTED UNDER THE LAW.

Jurisdictional Issues
If your jurisdiction has provisions specific to waiver of liability that conflict with the above liability limitations, then our liability is limited to the smallest extent possible by law.

IF YOU ARE A RESIDENT OF CALIFORNIA, YOU SPECIFICALLY WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE ABOVE RELEASE.

Indemnification
You agree to indemnify and hold harmless Flipt and any of our Affiliates, employees, officers, directors, agents, successors, and assigns for any claims by you or any third party, which may arise from or be related to these Terms of Use or the provision of our Services to you or the permitted use by others of your license and User Account. You also agree that you have a duty to defend us against such claims, and we may require you to pay for attorneys of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim as described in this section, we may elect to settle with the party or parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial or other formal resolution of the dispute.

Miscellaneous
Assignment. You may not assign your rights or obligations under these Terms of Use to any other party without our prior written consent, and any unauthorized assignment and delegation by you is void and completely ineffective.

Choice of Law. The validity and applicability of these Terms of Use is governed by the laws of the State of New Jersey. The offer and acceptance of these Terms of Use are deemed to have occurred in the State of New Jersey.

Resolving Disputes. In the event of a dispute between you and us arising out of, or relating in any way to, these Terms of Use, the Services or your use of the Services (“Disputes”), you agree that any Disputes will be heard solely within the Superior Court of New Jersey Law Division, Special Civil Part, Small Claims Section  (“Small Claims Court”). If a Dispute has multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court. If you would be entitled in a Dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.

Except as specifically stated herein, all other Disputes not eligible for resolution in Small Claims Court will be resolved exclusively by final, binding arbitration under the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association and conducted before a single arbitrator under its rules. If you bring a Dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. In addition, you agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action.

Notwithstanding anything to the contrary in these Terms of Use, either party may bring suit in court of competent jurisdiction in the State of New Jersey, seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s or a third party’s intellectual property rights.

You agree that any Dispute arising out of or related to the Services must commence within one year after the cause of action creating the Dispute occurs. Otherwise, any Dispute relating to such cause of action is permanently barred.

Severability. If any provision of these Terms of Use is found to be unlawful, conflicting with another provision of these Terms of Use, or otherwise unenforceable, these Terms of Use will remain in effect as though they had been entered into without the unenforceable provision. If two or more provisions are deemed to conflict with each other’s operation, we have the sole right to elect which provision remains in effect.

Non-Waiver. We reserve all rights afforded to us under these Terms of Use as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms of Use or any applicable law may not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

California Users and Residents Pursuant to California Civil Code Section 1789.3. For California Users and residents, any questions about pricing, complaints, or inquiries about Flipt must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to admin@fliptrx.com.  California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.