1. Acceptance of Terms
By accessing or using the ScriptExchange platform ("Platform"), operated by ScriptExchange, LLC ("ScriptExchange," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
These Terms apply to all users of the Platform, including licensed prescribers, pharmacy partners, and clinic administrators. If you do not agree to these Terms, you may not access or use the Platform.
2. Description of Services
ScriptExchange is a pharmacy marketplace that enables authorized clinic users to review available catalog and pricing information from participating pharmacies, prepare supported prescriptions, transmit orders through a configured pharmacy path, and review pharmacy-reported fulfillment status. The Platform also provides:
- Electronic prescription transmission to participating pharmacy partners
- Patient management and prescription history tools
- Participating-pharmacy catalog and availability information
- Analytics and reporting dashboards for prescribers and administrators
Controlled-substance prescriptions are not supported on the Platform.
ScriptExchange is a technology intermediary. We do not practice medicine, dispense medications, or provide clinical advice. All prescribing decisions remain the sole responsibility of the licensed prescriber.
3. Eligibility and Account Registration
To use the Platform, you must be authorized by a participating clinic, pharmacy, other healthcare organization, approved referral partner, or ScriptExchange. Clinical and pharmacy activities are limited to appropriately licensed individuals and organizations. Authorized users must provide the professional information required for their role and configured workflow; that information may include NPI, state-license, or DEA-registration information when applicable.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Portal accounts use multi-factor authentication with an authenticator app or an emailed one-time code, and you are responsible for keeping the enrolled device and email inbox secure. You must notify us immediately at support@scriptexchange.com of any unauthorized use of your account.
4. Acceptable Use
You agree not to use the Platform to:
- Transmit prescriptions for medications you are not licensed to prescribe
- Submit false, fraudulent, or misleading prescriptions or patient information
- Circumvent DEA, state pharmacy board, or e-prescribing network compliance requirements
- Access or attempt to access another user's account without authorization
- Reverse-engineer, decompile, or attempt to extract source code from the Platform
- Use the Platform in violation of any applicable federal, state, or local law
5. HIPAA and Protected Health Information
ScriptExchange acts as a Business Associate under HIPAA when processing Protected Health Information (PHI) on behalf of a covered entity under an applicable Business Associate Agreement (BAA). A covered entity or business associate must not use the Platform for PHI until any agreement required for that use is in place.
You are responsible for ensuring that your use of the Platform complies with all applicable HIPAA requirements, including minimum necessary standards for PHI access and transmission.
6. Pharmacy Participation and Order Fulfillment
ScriptExchange facilitates connections between prescribers and participating pharmacies. We do not manufacture, compound, dispense, or ship medications. All fulfillment is performed by independent pharmacy partners. ScriptExchange is not responsible for the quality, accuracy, or timeliness of medications dispensed by pharmacy partners.
Pharmacy, catalog, availability, pricing, and fulfillment information displayed on the Platform reflects information in the Platform or reported by the participating pharmacy or its configured system. It is provided for workflow use and does not constitute an endorsement or guarantee of any pharmacy's products or services.
Our Fulfillment and Delivery Policy describes how an order moves from submission to delivery, what the Platform records about it, and where responsibility for the physical shipment sits.
7. Fees and Payment
Fees, billing mode, payment timing, and any recurring charges are governed by the applicable order, invoice, or agreement with your organization. Depending on that configuration, eligible charges may be collected at checkout or invoiced. Pharmacy supplies and shipping charges may be included when they are configured for the order.
8. Intellectual Property
The Platform, including all software, content, trademarks, and documentation, is owned by ScriptExchange or its licensors and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Platform solely for its intended purpose during the term of the applicable agreement with your organization.
9. Disclaimer of Warranties and Limitation of Liability
The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, ScriptExchange disclaims all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or secure against every threat, and we make no warranty as to the medications compounded, dispensed, or shipped by pharmacy partners, which are not our products. Nothing in this Section limits any liability that cannot be limited under applicable law.
To the maximum extent permitted by applicable law, ScriptExchange shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use the Platform. Our total liability to you for any claim arising from these Terms shall not exceed the fees paid by you to ScriptExchange in the three months preceding the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless ScriptExchange and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Platform, your violation of these Terms, or your violation of any applicable law or third-party right.
11. Termination
ScriptExchange may suspend or terminate your access to the Platform at any time, with or without cause, upon notice. You may terminate your account at any time by contacting support. Upon termination, your right to use the Platform ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 5, 8, 9, 10, and 13.
12. Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by email or by posting a notice on the Platform. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the revised Terms.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved by binding arbitration in Hidalgo County, Texas, under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.
14. Contact
For questions about these Terms, please contact us at:
ScriptExchange, LLC
Email: legal@scriptexchange.com
Address: 1309 Coffeen Avenue STE 1200, Sheridan, WY 82801