Version 2.0 Last Revised: 4/6/15
The “Member Website” is a member-only account portal available through the Site, a third-party site, or via mobile access which enables Registered Members to access their personal account information and to use certain other services offered only to them. “Members” are individual participants in a prescription drug benefit plan and/or who have ordered prescription drugs through mail order via the Express Scripts Canada pharmacy. Individual Members who are at least eighteen years old and who have submitted a completed account registration form on the Site, or have completed the appropriate registration process from their plan sponsor’s website, or have completed the registration process via telephone with a customer service representative and are having drugs filled through an Express Scripts Canada mail order pharmacy are all “Registered Members” who will be provided access to the Member Website after completing the registration process.
The “Analytics Website” is a registered user-only account portal available through the Site which enables Registered Users to access analytic information. “Registered Users” are individuals who have been provided access to the Analytics Website.
Registration and Assent
We will provide you with advance notice of a major change prior to your access of any portion of the Site for which registration is required. For example, we may (i) require that you reaccept the updated version of the web policies, (ii) send you an electronic notification advising of the update to the web policies, (iii) include a notice on the Site viewable without login advising of the update to the web policies, and/or (iv) advise you of the updated web policies during a phone call. We do not ordinarily provide advance notice of a minor change.
Site Content and Intellectual Property Rights
This Site may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), photographs, video, graphics, audio, features, data, designs, images, and other such similar content (collectively “Site Content”). Unless otherwise expressly identified, Site Content is owned by us or by our third-party licensors. The Site Content is protected by Canadian and international copyright, trademark, and other laws. You may browse the Site and download Site Content solely for your personal use, provided you keep intact all copyright and other proprietary notices. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Site Content from this Site, including code and software underlying this Site, nor may you sell, transfer or otherwise use the Site or the Site Content in commerce or for any public or commercial endeavor without our prior and express written consent. We may in our sole discretion make changes to the Site Content at any time without notice.
Portions of the Site may include a listing of events and times of events that we are scheduled to host or attend. You can contact us to confirm the date, time, location, and whether we are still scheduled to host or attend the listed event. However, we may ultimately not be able to host or attend the listed event due to a variety of reasons. We are not responsible for any errors or omissions in the listing of the events.
No Professional Advice
This Site may contain “forward-looking information,” as that term is defined in the Ontario Securities Act and applicable legislation, which involve risks and uncertainties. Often, but not always, forward-looking information can be identified by the use of words such as “believes,” “expects,” “does not expect,” “is expected,” “targets,” “outlook,” “plans,” “scheduled,” “estimates,” “forecasts,” “intends,” “anticipates” or “does not anticipate” or variations of such words and phrases or statements that certain actions, events or results “may,” “could,” “would,” “might” or “will” be taken, occur or be achieved. No forward-looking information can be guaranteed, and actual results may differ materially from those projected. We undertake no obligation to publicly update any forward-looking information, whether as a result of new information, future events, or otherwise. Forward-looking information on this Site should be evaluated together with the disclosure regarding Express Scripts Canada (along with those previously filed by our parent company and its subsidiaries) in our registration statements and periodic reports filed with Securities Commissions, including the risks and uncertainties facing our business described therein.
Certain uses of products discussed herein may not have been approved by Health Canada.
Disclaimer of Warranties
THE SITE AND THE SITE CONTENT THEREON ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE SITE CONTENT, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OF RESULTS OR RELIABILITY OF THE SITE OR SITE CONTENT. WE DO NOT MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL. WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BY USING THE SITE, YOU ACKNOWLEDGE THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA, AND AGREE TO HOLD US HARMLESS FROM AND AGAINST ANY VIRAL INFECTION OR OTHER COMPUTER MALFUNCTION CAUSED AT ALL OR IN PART BY YOUR USE OF THE SITE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY COMPUTER OR NETWORK SERVICING, REPAIR OR CORRECTION. THE PERFORMANCE OF THE SITE VARIES WITH THE MANUFACTURER’S EQUIPMENT WITH WHICH IT IS USED.
Limitation of Liability
Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide our designated Copyright Agent identified below with the following information:
Contact Information for Our Copyright Agent:
Legal Department, Intellectual Property
Express Scripts Holding Company
One Express Way, Hq1-2e03, St. Louis, MO 63121
We will remove any content that infringes the copyright of any person under Canadian laws upon receipt of information as set forth in Subsections (a) - (f) above, and may, in our sole discretion if we deem it appropriate, terminate access rights of any user who we reasonably believe violates any Canadian intellectual property laws.
Choice of Law and Forum
Severability and Integration