Terms of Service
Last Updated: July 15, 2026
Welcome to Phil, an online prescription management and delivery platform made available by Phil, Inc. (“Phil,” “we,” “us” or “our”). Please read these Terms of Service (the “Terms”) and our Privacy Notice (https://phil.us/privacy/) (“Privacy Notice”) carefully because they govern your use of the website located at https://phil.us/ and https://myphil.us (the “Sites”) and the online prescription management and delivery services provided by Phil that are accessible via the Sites, text messaging and email communications. To make these Terms easier to read, the Sites and our services are collectively called the “Services.”
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU CREATE OR LOG IN TO YOUR ACCOUNT WITH US, YOU AGREE (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PHIL THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE “DISPUTE RESOLUTION” SECTION BELOW FOR DETAILS REGARDING ARBITRATION.
By accessing or using the Services in any way, including without limitation, browsing the Services, using any information, or submitting any content or personal information via the Services, you agree to and are bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
IF YOU ARE HAVING A MEDICAL EMERGENCY, DO NOT USE OUR SERVICES – CALL 911.
Privacy Notice Please review our Privacy Notice (https://phil.us/privacy/), which also governs your use of the Services, for information on how we collect, use and share your information.
Who May Use the Phil Services You may use the Services only if you are eighteen (18) years or older, are capable of forming a binding contract with Phil and are not barred from using the Services under applicable law.
Phil is a Prescription Management Platform Phil enables you to place an order for one (1) or more of your prescription medication needs (“Order”) and acts as a prescription management platform. You will only provide to Phil a valid prescription issued for a legitimate medical purpose by a medical professional acting in the usual course of his/her professional practice. The Services are not intended to be a substitute for professional medical advice, diagnosis or treatment, and do not constitute medical or other professional advice. Phil does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Services or by any other electronic means. Reliance on any information provided by Phil is solely at your own risk. The information provided through Phil’s Services is designed to support, not replace, the relationship that exists between patient/site-visitor and his/her physician. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on our Services.
Telemedicine If you need a prescription, Phil may assist you by connecting you with a health care professional who will provide telemedicine services. These services are not provided by Phil and these Terms do not apply to such services. You should refer to the terms of service and privacy policies of telemedicine provider before using them.
Order Fulfillment by Pharmacy When you place an Order through Phil, we work with pharmacies to process your Order and fill your prescriptions (each, a “Pharmacy”). Phil also is a Pharmacy and in some cases, Phil may fill your prescription. We verify that each Pharmacy that we work with is a licensed pharmacy. You also acknowledge and agree that, although we may select certain pharmacies to work with based on various metrics we apply, our decision to work with a specific pharmacy should not be deemed as an endorsement of, or a warranty regarding the quality of services provided by, such pharmacy. If, for any reason, you aren’t satisfied with the manner in which a Pharmacy processed your Order, you agree to address this issue with the Pharmacy directly.
You also acknowledge and agree that Phil does not provide any medical advice, opinion, diagnosis or treatment, and that that no pharmacy-patient relationship (unless Phil is the Pharmacy that fills your prescription) or doctor-patient relationship is, or will be, established between Phil and you as a result of your use of the Services or otherwise. You should check product information (including package inserts) regarding dosages, precautions, warnings, interactions and contraindications before administering or using any medications. If you have any questions regarding your prescriptions, you should consult your healthcare professional or pharmacist, whose contact information may be listed on the prescription, the packaging of your prescription medicine or under your Account.
Loaned Equipment If your prescription medicine requires a device or equipment to utilize, we may loan you such device or equipment. In this case, you will be provided the device or equipment with your prescription order and will be given information on how and when to return the device or equipment. If you do not return the device or equipment as instructed, you may be charged the cost of the device or equipment.
Authorization to Transfer Prescription If your prescription was transferred to or originally filled by a non-participating pharmacy (not within Phil’s network) Phil may facilitate the transfer of your prescription to its participating pharmacy. By using Phil’s services, you authorize Phil to facilitate the transfer of your prescription to any participating Pharmacy. Phil has the sole discretion to determine which participating pharmacy fills your prescription. If the Pharmacy initially chosen by the Services is unable to fill your prescription(s), you expressly agree that Phil may transfer your personal information to another Pharmacy to do so.
Changes to these Terms or the Services We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Sites and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. We’re always striving to improve the Services and, because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Health-Related Content The health-related content you may find in the Services (“Health-related Content”) is broad in nature and in scope, describes only general principles of health care, and is neither specific instructions for individual patients nor appropriate or relevant to your personal situation. Health-related Content is not intended to be used to diagnose, treat, cure or prevent diseases or as a self-medication guide or substitute for consulting with your health professional or pharmacist.
Registration and Your Information If you want to use certain features of the Services you’ll have to create an account (“Account”) via the Services. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t provide us with accurate information (or do not update the information to keep it accurate, complete and up-to-date), we may suspend or terminate your Account. You agree to keep your Account password confidential and you’ll let us know immediately if there is any unauthorized use of your Account. Phil will not be responsible or liable for any loss or damage that results from your failure to comply with this security obligation. You are responsible for all activities that occur under your Account, whether or not you know about them, so please safeguard your Account password and other related information.
SMS Text Messaging When using the Services, you may opt in to receive SMS text messages from us (“Text Messages”) by providing your express consent to receive Text Messages at the mobile number you provide regarding your account, Services, prescriptions, refills, order status, care-related reminder, and other service-related communications. Your consent is not required as a condition of purchasing any goods or services, including pharmacy products or services. You can cancel the SMS service at any time by replying STOP to any message or by using any other opt-out method we make available in the message content. If you want to opt in again, you may re-enroll in SMS notifications by following the identified opt-in process. By opting in, you authorize Phil and our partners and service providers to send Text Messages to the mobile phone number associated with your opt in, including by using an automatic telephone dialing system or other automated technology, as permitted by law. You confirm that you are the current subscriber or authorized user of the mobile number you provide and you are authorized to provide consent to receive Text Messages at that number. The frequency of Text Messages will vary depending upon the Services you receive and your interactions with us and your communication preferences. Message and data rates may apply. For help, please follow the Text Message prompts or contact us at privacy@usephil.com. We may change the short code or telephone number we use to send Text Messages. If we do, we will notify you as required by law. Please refer to our Privacy Notice for information on how we collect, use and disclose information, including information related to Text Messages.
Additional Users of the Services You may add prescriptions for your family members, or others you are authorized to represent, as users of the Services on the following conditions: By adding a user over the age of eighteen (18) you acknowledge that you are acting as this user's representative and have an express authorization from the patient to enter his/her personal information and have medications delivered to the address entered.
If the additional user is under the age of eighteen (18) (a “Minor Child”), you represent that you are a parent or a guardian of the user. You recognize and acknowledge that there are certain risks of physical injury in connection with the administering of medication to a Minor Child. Such risks include, but are not limited to, failing to properly administer the medication, failing to observe side effects, failing to assess and/or recognize an adverse reaction, failing to assess and/or recognize a medical emergency, and failing to recognize the need to summon emergency medical services. You hereby fully release or discharge Phil and dispensing pharmacy from any and all claims from injuries, damages and losses your Minor Child may have, arising out of, connected with, incidental to, or in any way associated with the administering of medication.
Delivery of Your Order If no one is present at your delivery address at the time of the delivery to receive your Order, the courier may leave your Order at your door or other secure location in accordance with the general guidelines issued by the delivery services, if the courier believes it is reasonable to do so.
Feedback to the Phil Services Your opinion matters to us! We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at privacy@usephil.com. If you provide us any Feedback, you agree that we may use the Feedback you provide to us in any way, including in future modifications to the Services or in other services we may provide. You hereby grant to Phil a perpetual, worldwide, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, modify, distribute, display, create derivative works of and otherwise exploit the Feedback for any purpose.
Payment for Your Order through Phil When you submit an Order through Phil, the Pharmacy selected by the Services will calculate the total Order price, which will be based on: (i) the actual cash price charged by the Pharmacy for each medication, if you do not have health insurance coverage for prescription medications; (ii) a copay amount that you are required to pay for medications, if you do have health insurance coverage for prescription medications; and (iii) any applicable delivery and handling fee that we may charge for delivery of the medication to the address specified in your Order. After the Pharmacy determines the total Order price, we will send you an email to notify you of the Order Price. We will charge you only when you confirm the Order (using the appropriate button in the Service).
For recurring Orders for medications that you take on an ongoing basis, you authorize Phil to initiate recurring non-refundable payments as set forth in this paragraph. If there is no change in the price or copay amount for the recurring Orders, we will process such Orders and charge you for the same price without sending you additional email for confirmation. If the price for a recurring Order has increased, we will send you another email to confirm the higher price or copay amount. If the price or copay amount for a recurring Order has decreased, we will charge you the lower price or copay amount without explicitly notifying you of the decrease. You may cancel recurring Order at any time through the Services before an Order is placed for that prescription.
If you place an Order via the Services, you expressly authorize (i) Phil or Phil’s third party payment processing service provider to process and/or charge your credit card (and on a recurring basis for recurring medications) for verification, pre-authorization and payment purposes; (ii) to bear any additional charges that your bank or other financial service provider may levy on you as well as any fees or taxes that may apply to you, and (iii) that Phil may use your insurance information to run a test claim to determine the price of the medication and whether a Prior Authorization is needed. We may ask you to supply additional information relevant to your Order, including the expiration date of your credit card and your email and postal addresses for billing and notification. You represent and warrant that you have the legal right to use all payment method(s) that you provided to us to process your Order. You’ll receive a confirmation by email once the Pharmacy has completed processing your Order. If you have any concerns or objections regarding any charges, you agree to raise them first with Phil and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with Phil or the Pharmacy.
By pressing the “Confirm” button for the listed charges in the Service, (i) you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you, and (ii) you authorize us to provide your Payment Information and insurance information to third parties so we can complete your Order and to charge your payment method (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Order (such information is included within the definition of Payment Information). You represent and warrant that you will not dispute the payment with the credit card company so long as the transaction corresponds to the terms indicated on the payment page and in the Terms. You acknowledge that if any charges to the credit card are declined or charge backs are claimed against any outstanding amount, you will still be liable for payment pursuant to the Terms. If you authorize an Order or payment through a telephone interaction with a Phil agent or automated system, your verbal agreement during that call constitutes your authorization to charge the specified amount to your credit card on the same terms described above. You acknowledge that calls with Phil's agents may be recorded, and that your verbal authorization carries the same legal effect as pressing the 'Confirm' button in the Service. Phil will confirm your authorization and Order details by email following any telephone interaction in which payment is authorized.
Manufacturer’s Assistance Phil may apply manufacturers’ financial assistance, such as coupons, discounts, repayment, and other reductions in your out-of-pocket expenses in compliance with state and federal laws and regulations applicable to drug manufacturers' assistance. Please note that manufacturers' financial assistance is not available for government-sponsored plans, such as Medicare or Medicaid.
No Refunds It is important that you carefully review any order or renewal for recurring prescriptions that you place. If you do not wish to receive a refill of a prescription, please remove the prescription from your account, cancel a refill before the order is placed or otherwise notify Phil directly. Once the medication has been shipped it cannot be returned and we offer no refund unless there was an error in the order or the medication is defective. If you experience an issue with your order, please contact Phil using the details below.
Cancellation of Your Prescription or Refill You may remove a prescription from your Account or cancel a refill for a particular prescription at any time through the Services before an Order is placed for that prescription.
Proprietary Rights Phil and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by laws of the United States and any applicable jurisdictions. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Neither these Terms nor your use of the Services transfers any right, title or interest in the Services, the content of the Services, or intellectual property rights to you, and Phil and its third party licensors retain all of their respective right, title, and interest to the Services and content.
Rights Granted by Phil Subject to your compliance with these Terms, Phil grants you a limited, non-exclusive, non-transferable right to use the Services solely for your own personal and non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Services; (ii) reverse engineer, decompile or disassemble the Services; or (iii) make the functionality of the Services available to multiple users through any means. Phil reserves all rights in and to the Services not expressly granted to you under these Terms.
General Prohibitions By using the Services, you agree not to do any of the following:
Use, display, mirror or frame the Services, or any individual element within the Services, Phil’s names, any Phil trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Phil’s express written consent;
Delete, modify, hack or attempt to change or alter any content on the Services;
Attempt to access, tamper with, or use non-public areas of the Services, Phil’s computer systems or networks connected to any of our servers, or the technical delivery systems of Phil’s providers;
Attempt to probe, scan, or test the vulnerability of any Phil system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Phil or any of Phil’s providers or any other third party (including another user) to protect the Services;
Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Phil or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing any Phil names, service marks, trademarks, logos, URLs or product names without Phil’s express written consent;
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
Use the Services for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Use any device, software or routine intended to damage or otherwise interfere with, or attempt to interfere with, the proper functioning of the Services or servers or networks connected to the Services, or take any action that interferes with the access of any user, host or network, including, without limitation, uploading files that contain viruses, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect, compile or store any information from the Services or personally identifiable information from other users of the Services without their express permission;
Provide false information, or impersonate or misrepresent your affiliation with any person or entity;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing;
You agree not to submit controlled substance prescriptions through the Services, except as expressly authorized by Phil in connection with specific programs or medications made available by Phil for which Phil has established applicable controls. A current list of controlled substances by DEA schedule can be found here..
Although we’re not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third Party Websites or Resources The Services may contain links to third-party websites or resources (“Linked Sites”). We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites.
You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. Phil does not author, edit or monitor these Linked Sites, and is not responsible or liable for: (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Phil, or vice versa; (b) third-party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through our Sites. You bear all risk associated with the use of the Linked Sites, third party services, and your correspondence or business dealings with advertisers other than us found on or through the Services.
Phil does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on the Linked Sites or any other Internet sites. We reserve the right to terminate such links at any time. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site or its content, products, or services.
Electronic Communications You agree that all agreements, notices, disclosures and other communications that we provide to you electronically shall have the same legal effect as if provided physically and shall satisfy any legal requirement that such communications be in writing. You understand that email communication has risk of third-party interception and may be transmitted to unintended parties. You expressly agree to hold Phil harmless for any damages associated with the security breach of your email or erroneous transmission.
Mobile Security Most communication with Phil occurs through your mobile device. Therefore, your mobile device likely contains Protected Health Information (“PHI”), such as pictures of your prescriptions, medical insurance cards, and other vulnerable information. As a result, it is of utmost importance that you keep your mobile devices secure at all times. If you are using public Wi-Fi or email applications on mobile devices, you are likely using unsecure mobile networks, putting PHI at risk of interception.
The best ways to protect mobile devices from security breaches is to maintain password protection, encryption, and/or to install a remote wiping/disabling program into them. A remote wiping/disabling program allows users to quickly clear and disable a lost or stolen mobile device, which can possibly prevent or reduce the magnitude of the breach.
While Phil is HIPAA compliant and takes the utmost care in protecting your confidential information, it cannot protect information stored in your mobile device. By using Phil, you agree to hold Phil harmless of any data breaches occurring from theft/misplacement or any third-party intervention with your mobile device.
Termination We may suspend or terminate your access to and use of the Services or deactivate or cancel your Account, at our sole discretion with or without notice, temporarily or permanently, for any reason or no reason, and without liability to you. You may cancel your Account at any time by sending an email to us at privacy@usephil.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, provisions regarding loaned equipment, feedback, payment for your order, proprietary rights, third party websites or resources, warranty disclaimer, limitations of liability, governing law and forum and dispute resolution (including arbitration and class action waiver). Upon any termination, discontinuation or cancellation of the Services or your Account by you or us, you will continue to be obligated to pay all amounts owing under these Terms which are due and payable prior to such termination, discontinuation or cancellation.
Warranty Disclaimers TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS, WHERE IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. PHIL EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR LOSSES ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE SERVICES AND/OR ANY CONTENT, TOOLS, APPLICATIONS, AND PRODUCTS PROVIDED ON THE SERVICES. PHIL MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE COMPREHENSIVE OR ACCURATE; (C) THE QUALITY OF ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; (D) THE QUALITY OF ANY PRODUCTS, CONTENT, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY HEALTH-RELATED CONTENT OBTAINED AS A RESULT OF YOUR USE OF THE SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
IT IS SOLELY YOUR RESPONSIBILITY TO (1) ENSURE THAT YOUR ORDER WAS PROPERLY PROCESSED AND THAT YOU RECEIVED THE CORRECT MEDICATIONS (INCLUDING THE CORRECT DOSAGE(S) THEREOF), (2) CONSUME THE PROPER DOSAGE(S) OF YOUR MEDICATION(S), AND (3) STORE ALL MEDICATIONS PROPERLY AND IN ACCORDANCE WITH THE GUIDELINES PROVIDED BY THE PHARMACY AND/OR APPLICABLE MEDICATION MANUFACTURER(S). PHIL PROVIDES NO WARRANTIES REGARDING THE MEDICATIONS THAT ARE PROVIDED TO YOU BY THE PHARMACY AND ASSUMES NO LIABILITY FOR ANY MEDICATIONS (OR ANY INJURY OR DEATH RESULTING THEREFROM).
PHIL EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING A PHARMACY’S AND ITS PERSONNEL’S PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, OR ACCURACY IN FILLING YOUR PRESCRIPTION(S), AND ASSUMES NO RESPONSIBILITY FOR A PHARMACY’S COMPLIANCE WITH ANY APPLICABLE LAWS AND REGULATIONS (EXCEPT FOR PHIL IN THE CASES WHERE PHIL FILLS THE PRESCRIPTION). WITHOUT LIMITING THE FOREGOING, PHIL EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY PRESCRIPTIONS INCORRECTLY FILLED BY A PHARMACY, WHETHER AS A RESULT OF INACCURATE INFORMATION PROVIDED BY YOU OR OTHERWISE, ANY CANCELLED OR OTHERWISE UNFILLED PRESCRIPTIONS (OR ANY INJURY OR DEATH RESULTING THEREFROM), OR ANY ACT OR OMISSION OF ANY PHARMACY.
Indemnity You will indemnify, defend and hold harmless Phil and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services, or (ii) your violation of these Terms.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PHIL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, PROVIDING OR DELIVERING THE SERVICES, INCLUDING WITHOUT LIMITATION ANY HEALTH-RELATED CONTENT, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS OR INTERACTIONS WITH ANY PHARMACIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PHIL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL PHIL’S TOTAL CUMULATIVE LIABILITY ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY HEALTH-RELATED CONTENT, OR FROM ANY COMMUNICATIONS OR INTERACTIONS WITH ANY PHARMACIES, EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID TO PHIL FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100).
THE DISCLAIMER, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PHIL AND YOU.
Governing Law and Forum Choice These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Arizona, without regard to its conflict of laws provisions. Except as otherwise expressly set forth below in the paragraph “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Phil are not required to arbitrate will be the state and federal courts located in Maricopa County, Arizona and you and Phil each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution. If you are a Phil patient who has a registered Phil account, then we each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Phil agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Phil are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. As limited exceptions to the paragraph above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration between Phil patients with registered Phil accounts will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Except as provided in in the second paragraph of this subsection above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver YOU AND PHIL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Severability With the exception of any of the provisions in the paragraph above (Class Action Waiver), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
General Terms These Terms constitute the entire and exclusive understanding and agreement between Phil and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Phil and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Phil’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Phil may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Phil under these Terms, including those regarding modifications to these Terms, will be given by Phil: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms apply only to Phil and you. These Terms are not intended to, and shall not, create any third-party beneficiary rights, except as expressly provided in these Terms.
Phil’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Phil. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information If you have any questions about these Terms, the practices of Phil, or your dealings with the Services, or if you would like to update your personal information, please contact Phil at:
Email: privacy@usephil.com
Phone: (855) 977-0975, option 3
Phil, Inc.
ATTN: Privacy Officer, 14500 Northsight Blvd, Suite 307 Scottsdale, AZ 85260
