Terms of Use

Welcome to RxLightning.com. RxLightning Inc. ( “RxLightning”) provides website features and other products and services to you when you visit rxlightning.com, contact RxLightning, or otherwise interact with RxLightning, use RxLightning products or services, or use any software provided by RxLightning in connection with any of the foregoing (collectively, “RxLightning Services”). RxLightning provides the RxLightning Services subject to these Terms of Use. These Terms of Use constitute a legally binding agreement between you and RxLightning.

In order to use the RxLightning Services, you must be a licensed healthcare provider with the intent to prescribe a prescription or an employee of a licensed healthcare provider. If you are an employee of such an organization, you represent that you are authorized to agree to these Terms of Use.

By registering for RxLightning Services, you agree to these Terms of Use. Please read them carefully. If you do not agree, do not use the RxLightning Services.

RxLightning may amend any part of these Terms of Use at our sole discretion by posting the revised Terms of Use on the RxLightning website. You should periodically check these Terms of Use for changes. Your continued use of the RxLightning Services following the posting of any changes to these Terms of Use constitutes your acceptance of the terms.

Service

RxLightning Services, including, but not limited to, specialty medication enrollment, patient financial assistance programs, risk evaluation mitigation programs, prior authorization, enrollment assistance, including follow up communications, prescription management and follow up communications to patients regarding patient enrollments and services.

Submission of an application does not guarantee funding through a patient assistance program. Funding is determined by the sponsoring organization or manufacturer and the eligibility criteria, not RxLightning.

RxLightning may establish business relationships with pharmaceutical manufacturers, payors, specialty pharmacies to facilitate the RxLightning Services and may share protected health information pursuant to a valid HIPAA Authorization that complies with 45 CFR § 164 to support certain program drugs prescribed to the patient.

Privacy

RxLightning provides the RxLightning Services as a business associate to healthcare providers. To use the RxLightning Services pursuant to these Terms of Use, healthcare providers, including employees agreeing to these Terms of Use on behalf of an employer that is a healthcare provider, must read and agree to the Business Associate Agreement. The Business Associate Agreement requires RxLightning to protect PHI received from a covered entity and specifies the purposes for which it may be lawfully used and disclosed by RxLightning. Use of the RxLightning Services constitutes acceptance of the terms of the Business Associate Agreement.

To provide the RxLightning Services at no cost to healthcare providers, RxLightning may share de-identified data with third parties including for various purposes such as, but not limited to, billing and validation of certain transactions, evaluating the effectiveness of the RxLightning Services, and providing data analytics and market insights, including prescribing practices. Additionally, data is used for continuous improvement of current services and to streamline and automate the specialty enrollment process. You acknowledge and agree that RxLightning, or its subcontractors, or both, are hereby authorized to de-identify PHI in accordance with 45 C.F.R. § 164.514(a)-(c) of HIPAA, and subsequently use and disclose such de-identified data as permitted by applicable law.

Unless prohibited by applicable law, you authorize RxLightning to use and disclose your information provided in connection with the RxLightning Services, including, your National Provider Identifier number (“NPI number”).

You acknowledge and agree that RxLightning or its affiliate may also engage directly with patients.

Content

All information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, logos, and other material, including but not limited to the selection, coordination, arrangement, and enhancement of such content, contained in any of the RxLightning Services is owned, controlled, or licensed by or to RxLightning, and is protected by trade dress, copyright, patent, trademark, and other intellectual property rights and laws. You may not use the RxLightning name, any related logos or trademarks, or any of the content described above without the express written consent of RxLightning.

License and Access

Subject to your compliance with these Terms of Use, RxLightning or its content providers grant you limited, non-exclusive, non-transferable, non-sublicensable access to use the RxLightning Services solely in connection with the care of a patient. You are not permitted to resell or use any RxLightning Services for commercial purposes. The permission granted does not include any rights in or to the contents of the RxLightning Services (including the content described above); any collection and use of any product listings, descriptions, or prices; any derivative use of any of the RxLightning Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by RxLightning or its licensors, suppliers, publishers, rightsholders, or other content providers. No RxLightning Service, nor any part of any RxLightning Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of RxLightning. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RxLightning without RxLightning’s express written consent.

You must be at least 18 years of age to use the RxLightning Services and a licensed healthcare provider or employed by a licensed healthcare provider. You may not misuse the RxLightning Services. You may not post or transmit through any of the RxLightning Services any content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), otherwise injurious to third parties or objectionable, contains or consist of software viruses or any form of “spam” or unsolicited commercial electronic messages. You may use the RxLightning Services only as permitted by law. The licenses granted by RxLightning terminate if you do not comply with these Terms of Use.

Your Account

You will be required to create your own RxLightning account to access the RxLightning Services and will be required to be logged in to the account. For your account, you agree to provide and maintain true, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify RxLightning immediately of any unauthorized use of your account or any other breach of security related to your account. RxLightning will not be liable for any loss that you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by RxLightning or another party as a result of someone else using your account or password. You may not use any other account or allow anyone the use of your account. RxLightning reserves the right to refuse service, suspend or terminate your account, terminate your rights to use RxLightning Services, and remove or edit content in its sole discretion.

Enrollment forms, patient assistance forms, prior authorization forms, and other forms and services collect information needed for specialty pharmacies to dispense medication, complete benefit verification and or prior authorization. A user must submit PHI in order to use the RxLightning Services available on this website. Other healthcare providers will receive and use the PHI submitted to facilitate the process to dispense the medication to a patient.

You agree we may substitute a fax number provided by you and submitted with a enrollment request for submission by us to the specialty pharmacy, manufacturer, payor, PBMs or other payors on your behalf with a RxLightning fax number so that enrollment communication will be faxed to us and delivered as part of the RxLightning Services. This substitution helps enhance the RxLightning Services provided to you, your patient and other authorized providers.

Communications with RxLightning

When you use RxLightning Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications (including emails, texts, faxes, or notices and messages on this Website or through other RxLightning Services) by or on behalf of RxLightning to any email address, phone number, or fax number associated with your account or otherwise directly or indirectly provided to RxLightning. You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. These communications may include personal information about prescriptions, treatment, or benefits. If you choose to share access to your mobile phone, carrier account, email, or RxLightning account with others those individuals might also be able to see this information.

Disclaimer of Warranties and Limitation of Liability

THE RXLIGHTNING SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RXLIGHTNING SERVICES ARE PROVIDED BY RXLIGHTNING ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RXLIGHTNING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE RXLIGHTNING SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RXLIGHTNING SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE RXLIGHTNING SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, RXLIGHTNING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RXLIGHTNING DOES NOT WARRANT THAT THE RXLIGHTNING SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RXLIGHTNING SERVICES, RXLIGHTNING’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM RXLIGHTNING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, RXLIGHTNING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY RXLIGHTNING SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY RXLIGHTNING SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULL EXTENT PERMISSIBLE BY LAW, IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, RXLIGHTNING IS FOUND TO BE LIABLE TO YOU, RXLIGHTNING’S LIABILITY WILL NOT EXCEED THE FEES PAID BY YOU FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED.

Disputes

Any dispute or claim relating in any way to your use of any of the RxLightning Services, or to any products or services sold or distributed by RxLightning or through RxLightning.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the RxLightning address provided below. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes in Louisville, KY. The AAA’s rules are available at http://www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We may choose to have the arbitration conducted by telephone, based on written submissions, or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law

By using any of the RxLightning Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and RxLightning.

Site Policies and Modification

RxLightning may from time to time adopt policies for the use of our website and the RxLightning Services, which will be posted to our website and are incorporated into these Terms of Use by this reference. RxLightning reserves the right to make changes to our website, those policies, and these Terms of Use at any time.

Severability, Waiver, and Entire Agreement

If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms. RxLightning’s failure to insist upon strict performance of any provision of these Terms of Use will not be construed as an implicit waiver of any provision or right.

These Terms of Use constitute the entire agreement between you and RxLightning governing your use of the RxLightning Services.

Copyright Infringement Complaints

RxLightning respects the intellectual property of others. If you have a copyright concern, please contact us at Contact@rxlightning.com

Security Privacy Officer

If you have a HIPAA or Covered Information concern, please contact Brad Allen at brad.allen@rxlightning.com

Questions or Additional Information

Email: Contact@rxlightning.com
Mailing Address:
RxLightning Inc
10028 West Wind Dr
Greenville IN 47124