CLUTCH IS NOT INSURANCE
Please note that cash payments that you make for medications through the Services may not count toward your prescription drug coverage out of pocket costs, but you can confirm that by contacting your coverage provider. If you are a Medicare Part D beneficiary, then cash payments made through the Services will not count toward your Medicare Part D cost-sharing obligation.
Clutch is available for use in 50 states.
Prescription Drug Pricing and Charges
Clutch reserves the right to change its prescription drug prices in real-time based on supply and demand trends, the location of the customer, the customer’s historical purchases, and any other factors that may have an impact on Clutch’s cost structure. Clutch will always honor the price reflected at the time that the customer purchases a medication with the following limited exception. Clutch reserves the right to cancel a transaction and refund you if the underlying cost of the prescription drug changes significantly after you have purchased your medication.
For new purchases, we pre-authorize payment for the dosage and quantity that you have selected — it’s fully refundable. Your final price is based on the medication you pick up at the pharmacy. If you pick up a different form, dosage, or quantity, you will be charged or credited the difference. If you redeem a prescription at a pharmacy with which Clutch does not have a contract, you will be automatically charged the difference in price between the Clutch price and the Pharmacy’s price.
Appointment of Clutch as Your Agent
Use of Promotions and Clutch Memberships
Your Healthcare Choices
As described above, Clutch acts as your agent in facilitating healthcare-related interactions with your Healthcare Providers, but only to the extent that those interactions are initiated by you. You remain responsible for your healthcare choices and decisions. The Services are designed to offer you with additional choices and options regarding your healthcare, not limit those choices and options. You may always choose to obtain healthcare products and services through channels other than the Services and from Healthcare Providers that do not have arrangements with Clutch.
The information presented in the App is intended and presented only for general educational purposes and is used solely at the risk of the user; is not intended as, and may not be used as, a substitute for the diagnosis, expertise, treatment, advice, and judgment of a physician, nurse, pharmacist or other healthcare professional (a health care professional should be consulted before taking or discontinuing a drug mentioned in the information presented or before relying on the information); is subject to change without notice; is not comprehensive and does not cover all uses, precautions, side effects, warnings, and interactions related to pharmaceuticals or treatments; may not apply to any specific medical condition, does not take into account personal circumstances and should not be relied upon or construed to indicate that a use of a drug or treatment is safe, appropriate, or effective for a given individual; is only applicable to use in the United States and its territories; does not constitute medical advice or professional advice of any kind; is offered “as is” with no warranty or guarantee of accuracy, completeness, or suitability for use by any individual; and has not been reviewed for compliance with federal or state pharmaceutical marketing, advertising, and disclosure statures or regulations.
Disclosure of Financial Relationships
Clutch may at times receive compensation from its pharmaceutical manufacturer partners for providing marketing and adherence services.
No Practice of Medicine
The Services are not intended to be, and must not be taken to be, the practice of medicine or the practice of other healthcare services by Clutch. Use of the Mobile App or the Services does not create a physician/patient or provider/patient relationship with Clutch. Clutch is not recommending or endorsing any specific prescription drug, pharmacy, or other information. Please seek medical advice before starting, changing, or terminating any medication or prescription.
Proprietary Rights in Mobile App Content
Clutch retains all copyright and other proprietary rights in the contents of this Mobile App and the Services (the “Content”). Elements of the Content are protected by copyright, trade dress, and other laws, and may not be copied or imitated in whole or in part. Nothing shall be construed as granting you any license under any patent, trademark or copyright of Clutch or any third party. Certain portions of the Services contain information supplied and updated by third parties or include links to third-party sites. Clutch is not responsible for and makes no warranty as to the accuracy of, such information or sites.
Clutch claims no ownership in, nor any affiliation with, third-party trademarks or brand names that may appear on this site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Clutch should be inferred from their use. You are not permitted to use the trademarks displayed on the Services without the prior written consent of Clutch or the third party that may own the trademarks.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Clutch’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content contained in the Services or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.
Links to Other Mobile Apps or Websites
The Services may contain links to other mobile apps or websites. We are not responsible for the content, accuracy or opinions expressed in such mobile apps or websites, and such mobile apps or websites are not investigated, monitored, or checked for accuracy or completeness by us. The inclusion of any linked mobile app or website on or through the Services does not imply approval or endorsement of the linked mobile app or website by us. If you decide to leave this Mobile App or the Services and access these third-party mobile apps or websites, you do so at your own risk.
Text Messaging and Telephone Calls
You agree that Clutch may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a Clutch account. Message and data rates may apply. You understand that your mobile phone service provider may charge you fees for calls made or texts sent to you, and you agree that we will have no liability for the cost of any such calls or texts.
Limitation of Liability
Clutch, its affiliates and any of its, or their, directors, officers, employees or agents shall not, under any circumstances, be liable for direct, consequential, incidental, indirect or special damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, and whether resulting from the use or inability of use of any contents of the Services (or a mobile app or website linked to the Services), or any other cause, even if such cause involves negligence, or if we have been apprised of the likelihood of such damages occurring.
The above limitation, or exclusion, may not apply to you to the extent that applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT CLUTCH DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION. CLUTCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CLUTCH MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY INFORMATION, INCLUDING PRICING INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Waiver of Jury Trial and Class Actions
By accessing the Services, you and Clutch agree that all matters relating to your access to, or use of, the Services shall be governed by the statutes and laws of the State of Georgia, without regard to its conflicts of laws principles. You and Clutch also agree and submit to the exclusive personal jurisdiction and venue of the courts of the State of Georgia with respect to such matters. Clutch makes no representation that materials contained in the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.
Clutch Health LLC
438 Porsche Ave
Atlanta, GA 30354
You can also contact us via email to: firstname.lastname@example.org
Telephone: (844) 429-4279