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Terms of Service

  1. Disclosures
  2. Terms and Agreement
  3. Important note content
  4. Restrictions on use
  5. Posting messages
  6. License to use
  7. Copyright infringement
  8. TOS Links
  9. No warranty
  10. Limitation of liability
  11. Indemnification
  12. Export controls
  13. Resolving disputes
  14. Governing law
  15. Termination
  16. Severability
  17. Miscellaneous
  18. Minors and Dependents
  19. Products Ineligible for Reimbursement or Processing by Third Party Insurance
  20. Survival and assignment
  21. Discount Program
  22. Mobile applications
  23. Texting terms
  24. Patient Informed Consent to Pharmacy Services
  25. Contact us

THIS DOCUMENT CONTAINS A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. YOU SHOULD REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING OR USING THE ONLINE SERVICES.

Disclosures

Certain products and services offered for purchase through this website, including prescription drug products, may be offered through Mark Cuban Cost Plus Drug Company, PBC (“Mark Cuban Cost Plus Drug Company”) or its contracted third parties, including WellDyneRx, LLC d/b/a/ HealthDyne Pharmacy or its affiliates (collectively, “HealthDyne”). Mark Cuban Cost Plus Drug Company also utilizes other third‐party vendors in connection with its provision of the products offered for purchase through this website.

Agreement and Terms

These Terms of Use (“Terms”) describe the rules for using Mark Cuban Cost Plus Drug Company’s (also “‘we,” “us,” “our,” and “Company”) and Affiliates’ (an entity controlling, controlled by, or under common control with a named party) online and mobile websites, platforms, services and applications (“Online Services”).

By using our Online Services, you agree to these Terms and our Privacy Policies. We may change these Terms at any time, and such changes will be posted on the Online Services, with the date of the last revision listed as the “Effective Date” at the bottom of these Terms. Any modifications will be effective immediately upon such posting. By continuing to use the Online Services, you consent to any changes to our Terms.

Your affirmative act of using the Online Services, or creating an account, constitutes your electronic signature to these Terms and your consent to enter into this agreement electronically. You may print and retain a copy of these Terms. To print, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device.

Important Note Regarding Content of Online Services

The information and content (collectively, “Content”) on the Online Services is for your general educational information only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by the Company. You should call your health care provider if you have questions, at any time, about your health. All information provided by the Company, or in connection with any communications supported by the Company, is intended to be for general information purposes only, and is in no way intended to create a provider/patient relationship as defined by state or federal law.

You are responsible for protecting your username (e.g., the email address and password that you provide when registering for Online Services) or other activation codes, and if they are compromised, you agree to change your username and password and immediately contact us.

Restrictions on Use of Online Services

You Will Not:

  • use our Online Services or Content in any way not expressly permitted by these Terms;
  • copy, modify or harvest data, Content, or materials from the Online Services;
  • remove or alter, any copyright or other proprietary rights or notices on the Online Services;
  • misrepresent your identity or provide any false information;
  • interfere with the operation of our Online Services;
  • share any password with any third parties or use any third‐party’s password;
  • engage in commercial, competitive, or viral messaging, or sending of unsolicited advertisements, or similar communications, including harmful computer code, viruses, or malware;
  • use the Online Services in any way that could, in our sole judgment, interfere with any other party's use or enjoyment of the Online Services, impair our networks or servers, or expose us or any third party to any claims or liability whatsoever, or use software or other means to access, "scrape," "crawl," or "spider" any web pages or other services from the Online Services. If you are blocked from the Online Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking;
  • directly or indirectly authorize anyone else to take actions prohibited in this section; or
  • attempt to reverse engineer any of the software used to provide the Online Services.

You Agree That:

  • you will comply with all applicable laws and regulations; and
  • you represent and warrant that you are at least 13 years of age, and that, if you are between 13 and the age of majority in your state and otherwise not emancipated, a parent and/or guardian agrees to these Terms on your behalf.

We may take any measures we deem appropriate, in our sole discretion and permitted by law, to enforce these Terms.

Posting Messages, Comments or Content

You Will Not:

  • post any improper or inappropriate content, including that which is obscene, libelous, harassing, threatening, harmful, inflammatory, invasive of privacy, or otherwise objectionable, constitutes advertising or solicitation, or violates applicable law.

You Agree That:

  • any content posted to the Online Services by third parties is only the opinion of the poster, is no substitute for your own research, and should not be relied upon for any purpose.

You are solely responsible for the content of any postings that you submit. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy regarding that content. Never assume that you are anonymous and cannot be identified by your posts.

If you do post content or submit material to the Online Services, and unless we indicate otherwise, you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and any of its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify the Company or its affiliates for all claims resulting from any content that you supply.

License to Use Online Services and Content Ownership

Subject to these Terms, the Company grants you a personal, noncommercial, non‐transferable, non‐exclusive, revocable, limited license to view the Content on our Online Services for the sole purpose of obtaining information regarding our products. All rights, title, and interest in and to the Online Services, including the Content, and all intellectual property rights, including all copyright, trademark, patent, and trade secret rights will remain with the Company and our licensors and vendors. No ownership interest is transferred to you or any other entity by virtue of making the Content available on the Online Services, granting you a license to use Online Service, or your entering into this Agreement.

We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Online Services and its Content terminates immediately. Upon the termination of this license, you must stop using the Online Services, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.

No Warranty

Nothing within these Terms should be meant or implied to be a warranty. You use the Online Services at your own risk. We do not guarantee the accuracy, completeness, timeliness, correctness or reliability of any content available through the Online Services. Online Services are provided to you when available and are provided on an “as is” basis. We make no representation that use of our Online Services will be uninterrupted or error free, or free of viruses or other harmful components.

Some states do not allow a Terms of Use to have a “no warranties” provision, and even though these Terms make no warranty, if your state does not allow this type of limitation, this paragraph will not apply to you.

Limitation of Liability

You agree that we, HealthDyne and each of our affiliates (the “Released Parties”) have no liability for any loss arising out of, or relating to: these Online Services; any third party site or program accessed through the Online Services; Any acts or omissions by us or any third party; and/or your access or use of the Online Services. This limitation of liability includes any claim based on warranty, contract, tort, strict liability, or any other legal theory.

This limitation of liability does not apply if you are a New Jersey resident. With respect to residents of New Jersey, any Released Parties are not liable for any damages unless such damages are the result of our negligent or reckless acts or omissions; and any Released Parties are not, in any case, liable for indirect, incidental, special, consequential or punitive damages.

Other states may also limit liability. If your state does not allow this type of limitation, one or more of the limitations above may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless any Released Parties from any claim by third parties, including reasonable attorneys' fees for counsel of our own choosing, arising out of or related to your breach of the Terms or any copyright infringement, misappropriation, misuse, gross negligence, intentional misconduct, or violation of applicable law relating to your use of the Online Services or Content. You may not transfer or assign any rights or obligations under this Agreement. In any litigation, you will cooperate with us in asserting any available defenses.

Export Controls

You may not use, export, reexport, import, sell, transfer, or proxy our Online Services or Content unless such activity is permitted by these Terms and such activity is not prohibited by United States law, the laws of the jurisdiction in which you receive our Online Services, or any other applicable laws and regulations. In particular, but without limitation, the Online Services and/or Content may not be exported, re‐exported or made available in any manner (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.

By using our Online Services, you represent and warrant that you and any ultimate beneficiary of our Online Services are not located in any such country or on any such list. You also agree that you will not use our Online Service for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.

Resolving Disputes

PLEASE READ THIS SECTION CAREFULLY IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

Informal Resolution. Before filing a claim in connection with these Terms or the Online Services, you agree to try to resolve the dispute informally. Contact Mark Cuban Cost Plus Drug Company, PBC Attention: Legal Department, 2909 Taylor Street, Suite A, Dallas, Texas 75226 If the dispute is not resolved within 30 days of contact, you or we may bring a formal arbitration proceeding as described below.

Agreement to Arbitrate. You and we agree to resolve any claims relating to these Terms, or the Online Services, through final and binding arbitration, except as indicated below under “Exceptions to Agreement to Arbitrate” or where prohibited by law. The arbitration will be held in Texas. For residents outside the United States, arbitration will be initiated in Dallas, Texas, or a location agreed to by the parties. You and we agree to submit to the personal jurisdiction of any state or federal court in the state of Texas to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Exceptions to Agreement to Arbitrate. Either you (or we) may assert claims in the small claims court in Dallas County, Texas or any other U.S. county in which we have a principal business address, provided that the informal dispute resolution described above was unsuccessful and the claim is eligible to be filed. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Online Services or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal‐resolution process described above. The agreement to arbitrate does not apply to claims that may not be arbitrated as a matter of law. Arbitration does apply to all other claims relating to these Terms or the Online Services including (1) the interpretation, formation, performance, or breach of the Terms, (2) whether any part of the Terms is void or voidable, (3) whether a claim is subject to arbitration, and/or (4) whether arbitration has been waived due to litigation conduct.

Arbitration Procedures. The arbitration will be conducted by a single arbitrator, governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), (www.adr.org/rules), unless otherwise agreed to by the parties. You may also obtain the Consumer Arbitration Rules by calling AAA at 1‐800‐778‐7879, TTY

Arbitration and Attorney's Fees. Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the Consumer Arbitration Rules, provided that if you are initiating an arbitration against us and the value of the relief sought is $10,000 or less, then we will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement if the arbitrator finds the arbitration to be frivolous or asserted for an improper purpose). You are responsible for all other additional costs that you may incur in the arbitration, including attorney's fees and expert witness costs, unless we are otherwise specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on us and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. You agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these rules and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. You and we agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Applicable law may allow the arbitrator to award attorneys’ fees and costs to the prevailing party.

Except as explicitly provided in these Terms, if any clause within these arbitration provisions is found to be illegal or unenforceable, that clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of ours arising out of your use of the Online Services.

No Class Actions. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US AND OUR RELATED PARTIES IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU ARE NOT AUTHORIZED TO USE THE ONLINE SERVICES IN ANY WAY.

If any court or arbitrator determines that this “No Class Actions” section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety, and the parties will be deemed to have not agreed to arbitrate disputes.

Changes to this Section

We will provide 30 days’ notice of any changes to this section. Amendments will become effective thirty days after we provide such notice. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection will be severed from the section entitled “Resolving Disputes,” and the court or arbitrator will apply the first “Resolving Disputes” section in existence after you began using the Online Services.

Survival

This “Resolving Disputes” section will survive any termination of your account, enrollment in any program, eligibility for coverage, or the Online Services.

Governing Law and Statute of Limitations

You agree that Texas law governs these Terms and any claim or dispute that you may have against us, and you agree to the jurisdiction and venue of the state and federal courts in Texas for any dispute involving the Company or its employees, officers, directors, agents and providers.

Unless you are a resident of New Jersey, you must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action. The United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms.

Termination

We may cancel, suspend or block your use of the Online Services and/or registration at any time, without cause and/or without notice. You agree that we will not be liable to you or any other party for any termination of your access to the Online Services in accordance with these Terms.

Severability

If any provision of these Terms is held to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, the remaining portions of the Terms will be determined without the unenforceable or invalid provision. All other Terms will remain in full force and effect.

Miscellaneous

These Terms, and any supplemental terms, policies, rules and guidelines posted on the Online Services, constitute the entire agreement between you and us in connection with the Online Services and supersede all previous written or oral agreements. You acknowledge that we have the right to seek, at your expense, an injunction to stop or prevent a breach of your obligations. No waiver by us will have effect unless such waiver is set forth in writing and signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.

Minors and Dependents

HealthDyne or our Affiliates may provide medication and related products to minors and dependents with the consent and under the supervision of their legal parent(s). The legal parent must have the authority to consent to medical treatment and must provide their consent to service. The service is only available to customers within the legal jurisdiction where the service is offered and authorized to operate.

Orders may be placed online by the legal parent of the minor or dependent. All orders are subject to approval by licensed pharmacists and may be rejected if there are any concerns about the safety or appropriateness of the medication for the minor or dependent. Delivery will be made to the address provided by the legal parent, and must be received by the legal parent or an authorized representative.

Prescription medications may only be dispensed with a valid prescription from a licensed healthcare provider.

Products Ineligible for Reimbursement or Processing by Third Party Insurance

Accu‐Chek products will be cash‐pay only and are not eligible to be processed under third party insurance. As a purchaser of Accu‐Chek products from the Company, our affiliates, or third parties such as HealthDyne through this website, you confirm you are not currently enrolled in a federal or state government funded prescription program.* (*Medicaid, Medicare, Medigap, DoD, VA,TRICARE/CHAMPUS or any state patient or pharmaceutical assistance program.)

Amgen products will be cash‐pay only and are not eligible to be processed by federal or state government funded prescription programs* (*Medicaid, Medicare Part D, Medigap, DoD, VA, TRICARE®/CHAMPUS, or any state patient or pharmaceutical assistance program.).

IBSA Pharma Inc. products including Tirosint Capsules dispensed by costplusdrugs.com are not eligible to be submitted for reimbursement to any Commercial, Medicare (including Medicare Part D and Medicare Advantage), Medicaid, TRICARETM, CHAMPUS, the Puerto Rico Governmental Health Insurance Plan, or other federal, state, or governmental healthcare programs.

Products associated with the Insulin Lispro Savings Benefit will be cash‐pay only and are not eligible to be processed under third party insurance. By using the Insulin Lispro Savings Benefit, you attest that you are a resident of the United States who is 18 years of age or older, are NOT enrolled in a federal or state government‐funded prescription program. * (*Medicaid, Medicare Part D, Medigap, DoD, VA, TRICARE®/CHAMPUS, or any state patient or pharmaceutical assistance program.), and you agree to, and will comply with the Terms and Conditions and are eligible to participate in this program.

Eli Lilly and Company, the manufacturer of Insulin Lispro, has funded the coupon benefit as part of a manufacturer sponsored patient assistance program. Notwithstanding, neither Lilly USA, LLC nor any of its affiliates maintain, control, influence, or otherwise endorse this site or any of the activities undertaken by Mark Cuban Cost Plus Drug Company. The opinions, claims, or comments expressed on this site should not be attributed to Lilly USA, LLC or its affiliates in any way. Lilly USA, LLC and its affiliates are not responsible for the privacy or security policies of this website or processing of the consumer information hereunder. Mark Cuban Cost Plus Drug Company is solely responsible for this site’s content, operation, and compliance with all applicable laws and the dispensing pharmacy shall be solely responsible for the licensed practice of pharmacy and the dispensing of any prescription product.

Pfizer products including Duavee®, Estring®, Premarin®, Premphase®, and Prempro® will be cash‐pay only and are not eligible to be processed by federal or state government funded prescription programs* (*including but not limited to, Medicaid, Medicare, TRICARE, Veterans Affairs, Indian Health Service, Bureau of Prisons, the 340B Program, any state prescription drug assistance programs, and the Government Health Insurance Plan available in Puerto Rico.) For Pfizer products, Medicare Part D beneficiaries must not count the cost of Product purchased under this Agreement towards their True Out Of Pocket cost (TrOOP).

Survival and Assignment

Your obligations under the following sections survive termination of this Agreement:

  • Agreement and Terms;
  • Important Note Regarding Content;
  • User IDs;
  • License to Use the Online Services and Content Ownership;
  • Restrictions on Use of Online Services;
  • Posting Messages, Comments or Content;
  • Copyright Infringement – DMCA Notice;
  • NO WARRANTY;
  • LIMITATION OF LIABILITY;
  • Export Controls;
  • Governing Law and Statute of Limitations;
  • Severability;
  • Miscellaneous; and
  • Additional Product Information

You may not transfer or assign any rights or obligations under this Agreement. The Company may transfer or assign its rights and obligations under this Agreement.

Discount Program

Company offers free membership to a prescription discount program (the “Benefit Card” or “Benefit Card Program”). The Benefit Card is not insurance, is not a substitute for insurance, and it cannot be combined with insurance. THE BENEFIT CARD PROGRAM DOES NOT MEET MINIMUM CREDITABLE COVERAGE REQUIREMENTS UNDER STATE HEALTHCARE COVERAGE REGULATIONS.

The Benefit Card may be used instead of insurance at the point of purchase to obtain access to your prescription drug at a discounted rate. Pricing for prescription drugs for Benefit Card members is listed on our website, and is subject to change at any time.

You are required to pay for all prescription drugs at the time of purchase. Note that any payments you make for prescription drugs using the Benefit Card may not count toward your cost sharing obligations, including your deductible or other out of pocket costs, but you can confirm coverage by contacting your insurance carrier. Medicare and Medicaid beneficiaries cannot include prescription drug costs spent using The Benefit Card in their TrOOP.

When you create an account on our website, you will be automatically enrolled as a member in the Benefit Card Program. Your affirmative act of using the Online Services, or creating an account, constitutes your consent to be enrolled as a member in the Benefit Card Program and your consent to the Terms. You represent that the information provided during registration is true and accurate and you will maintain and update this information to keep it current and complete.

Mobile Applications

The following additional terms apply to your access to or use of any mobile application in connection with the Online Services (together with all information and software associated therewith, the "Application" or "Applications") through any mobile device (such as tablets, mobile phones, etc.), and are "Additional Terms" as defined above.

Rights Granted to You. We grant you a limited, nonexclusive, revocable, non‐transferrable license to download, install and use the Applications solely for your personal, non‐commercial use on a mobile or tablet device owned or controlled by you and only in accordance with the Terms. Other than the limited rights granted in the immediately preceding sentence, no other rights are granted to you. This is only a license, and not a sale of, the Applications to you.

Additional Restrictions and Notices. You agree that you will not remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Applications. You acknowledge that we may issue an upgraded version of the Applications and may automatically upgrade the Application that you are using. You consent to such automatic upgrading and agree that these Terms shall govern all such upgrades. Our Applications or the Online Services may include third party code and other software, which is governed by the applicable open source or third party end user license agreement, if any, that authorizes the use of such code.

Third Party Terms. You agree to comply with all applicable terms, conditions and agreements between you and any third party that provides products or services that facilitate or enable your use of any Application, and you acknowledge and agree that your use of any Application may result in charges to you by those third parties in connection with the products and services they provide to you (such as data plan charges), and you will be solely responsible for any such charges.

Termination of Your Rights. Upon any termination of your rights hereunder, for any reason, you will immediately uninstall or delete the Applications and cease any further use of such Applications.

Special Notice for International Use/Export Controls. Any technology or software underlying the Applications or Online Services that is available in connection with the provision of the Online Services and the transmission of applicable data (collectively, the “Software”), if any, is subject to United States export controls. No Software may be downloaded from the Applications or Online Services or otherwise exported or reexported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Applications and/or Online Services, including as it concerns online conduct and acceptable content.

Fees and Payment Terms: You agree to pay all fees for products and/or services purchased through the Mark Cuban Cost Plus Drug Company at the time of purchase or when you receive your service. By providing Mark Cuban Cost Plus Drug Company with your credit card number, you agree that Mark Cuban Cost Plus Drug Company is authorized to immediately charge your card account for all fees due, and that no additional notice or consent is required. If you have signed up for a subscription‐based service (e.g. auto‐refill), Mark Cuban Cost Plus Drug Company will charge your credit card on file on a monthly basis until you cancel your subscription. To the extent that Mark Cuban Cost Plus Drug Company accepts payment from third‐party insurance companies, you acknowledge that you are directly responsible for copayments assigned by your insurance company at the time of service. Products offered on the Mark Cuban Cost Plus Drug Company may be eligible for reimbursement using your Health Savings Account or Flexible Spending Account. You are responsible for confirming with your benefits manager or employer whether an item is eligible for reimbursement, and Mark Cuban Cost Plus Drug Company does not guarantee that your purchases will be reimbursed.

Mark Cuban Cost Plus Drug Company Texting Terms and Conditions

These Texting Terms and Conditions apply when you provide prior express consent to receive text messages from Mark Cuban Cost Plus Drug Company, Inc., or their affiliates, subsidiaries, agents, contractors, vendors or partners (“us” or “we” or “our”). Text message frequency varies. Text messages from us may include one time or recurring texts related:

  • to orders, care appointment reminders, and other notifications related to your usage of Mark Cuban Cost Plus Drug Company services; or
  • to promotional messages from the Mark Cuban Cost Plus Drug Company.

At enrollment for Mark Cuban Cost Plus Drug Company text messages, we specify the frequency and number of texts. In all programs, you may text STOP to stop messaging for that program and HELP for help. Text messages may be sent to your mobile number using an automatic dialing system. Message and Data rates may apply. Text messaging may not be available via all carriers. If you accept text messages, you should be aware that your telecom carrier may charge for SMS services.

If you no longer want to receive text messages from us, the sole and exclusive remedy is to end enrollment in the Mark Cuban Cost Plus Drug Company texting program by texting STOP.

Under no circumstances will we be liable for any direct or indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with use of text messaging whether or not we have been advised of the possibility of such damages.

We do not guarantee the successful delivery of text messages by your wireless provider. Messages sent by text may not be delivered if the mobile device is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of wireless carriers may interfere with message delivery, including the terrain, proximity to buildings, foliage, weather, and the recipient's equipment. We will not be liable for losses or damages arising from (a) non‐delivery, delayed delivery, or misdirected delivery of a text message; (b) inaccurate or incomplete content in a text message; or ( c) use or reliance on the content of any text message for any purpose. Carriers are not liable for the delayed or undelivered messages.

These Terms and Conditions are governed exclusively by the laws of the State of Texas, without reference to its rules regarding choice of law.

Privacy & Security

Please notify us immediately if your mobile number changes. We are not liable for any communication or transmission of information by text which happens because you did not report that your mobile number changed. Password protecting mobile device(s) and enabling encryption, if available, is recommended.

Text messages from certain Mark Cuban Cost Plus Drug Company services may include protected health information (PHI). Since text messaging is unencrypted, there is a risk that this PHI could be intercepted or viewed by third parties, including others who access your device. When you choose to receive text messages from us, you do so at your own risk.

The use and disclosure of PHI in text messaging may be governed by additional privacy provisions, including the applicable HIPAA Notice of Privacy Practices (HealthDyne’s Privacy Practices) and the Online Services Privacy Policy on our website.

Contact Us

If you have questions regarding these Terms, contact us at support@costplusdrugs.com.

Effective Date: June 1, 2023