Free Market Health Terms of Use 

Please read these Terms of Use (“Terms”) carefully as they are a binding legal contract between you and Free Market Health (“Free Market Health,” “we,” “us,” or “our”). These Terms govern your access to and use of the Free Market Health websites located at www.freemarkethealth.com, pharmacy.freemarkethealth.com, and payer.freemarkethealth.com, as well as the websites of our associated products and services, blogs, and support resources (collectively, the “Sites”).

IMPORTANT NOTICE: THESE TERMS CONTAIN A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIAL. BY ACCEPTING THESE TERMS, YOU AGREE TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS AND WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO A JURY TRIAL. PLEASE REVIEW SECTION 16 (GOVERNING LAW) CAREFULLY.

BY ACCESSING OR USING THE SITES, CREATING AN ACCOUNT, OR CLICKING TO ACCEPT THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITES.

FREE MARKET HEALTH IS A HEALTHCARE TECHNOLOGY PLATFORM THAT PROVIDES SPECIALTY PHARMACY REFERRAL AND REIMBURSEMENT SOLUTIONS. WE ARE NOT A HEALTHCARE PROVIDER AND DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CONTACT YOUR HEALTHCARE PROVIDER OR CALL 911.

1. Privacy Policy

Please review our Privacy Policy, available at https://www.freemarkethealth.com/privacy-policy, before accessing the Sites. Our Privacy Policy explains what personal information we may collect and how it is used and disclosed. By accessing or using the Sites, you consent to the collection, use, disclosure, and handling of information as outlined in the Privacy Policy.

Free Market Health’s obligations, if any, with regard to its products and services are governed by any written agreements pursuant to which they are provided, and nothing on the Sites should be construed to alter such written agreements unless expressly permitted in such applicable agreement(s). In the event of a conflict between any such written agreement (including for example, a business associate agreement (a “BAA”)) and these Terms, the written agreement with Free Market Health shall control. Note that PHI is expressly governed by HIPAA and the applicable BAA.

2. Modifications to These Terms

We may, in our sole discretion, revise these Terms from time to time. The most current version of these Terms will be made available to you through the Sites or otherwise communicated to you. The “Last Updated” date above indicates when these Terms were last changed. Material changes will be conspicuously posted on the Sites or otherwise communicated to you. All changes will be effective upon posting to the Sites. By accessing or using the Sites after changes are posted, you agree to those changes. If you do not agree to the revised Terms, you must cease use of the Sites.

3. Access; License

The Sites are intended for use by healthcare payers, specialty pharmacies, and authorized business partners. Individual consumers may access informational portions of the Sites, but platform functionality is reserved for authorized customers with established Free Market Health accounts. You must be at least eighteen (18) years old to access or use the Sites. By using the Sites, you represent and warrant that you have the legal capacity to enter into a binding agreement and are not prohibited from accessing the Sites under applicable law.

Subject to these Terms, Free Market Health grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Sites solely for lawful purposes and in accordance with these Terms. All rights not expressly granted are reserved by Free Market Health.

You may not use any automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, copy, or monitor any portion of the Sites, including any content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Sites. You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any Free Market Health server, or to any of the products, services, solutions, or resources offered on or through the Sites, by any illegitimate or unapproved means.

You may not probe, scan, or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on the Sites or any network connected to any of the Sites. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Sites, or any other customer of Free Market Health, including any Free Market Health account not owned by you, to its source, or exploit the Sites or any solution or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Sites.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Free Market Health’s systems or networks, or any systems or networks connected to the Sites or to Free Market Health. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or any transaction being conducted on the Sites, or with any other person’s use of the Sites.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Free Market Health on or through the Sites or any product, service, solution, or resource offered on or through the Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Sites or any content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Free Market Health or others.

4. Accounts

To access certain features of the Sites, you may be required to create a password-protected account (“Your Account”). You may be required to provide information such as your name, company name, email address, and phone number. You agree to provide true, accurate, current, and complete information and to keep it updated at all times.

You are responsible for maintaining the confidentiality of your credentials and for all activity under Your Account. You agree to: (a) keep your password confidential and not share it with anyone else; (b) notify us immediately of any unauthorized use of your login credentials or Your Account of which you become aware; and (c) log out at the end of each session. You may not allow others to use Your Account or use another user’s credentials.

Free Market Health may suspend, deactivate, or terminate Your Account, with or without notice, if you: provide information that is untrue, inaccurate, or incomplete; violate these Terms; misuse the Sites or attempt to access unauthorized features; interfere with Site security or operation; or engage in conduct that could harm Free Market Health, the Sites, other users, or third parties. Free Market Health has sole discretion to determine whether conduct warrants such action and may suspend or terminate Your Account at any time for business, operational, or legal reasons.

5. Restrictions on Your Use of the Sites

You agree not to, and will not permit others to:

  1. access any account, information, or records you are not authorized to view;
  2. remove or alter any copyright, trademark, or proprietary notices;
  1. copy, reproduce, distribute, publish, modify, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works of any portion of the Sites without Free Market Health’s prior written consent;
  2. use the Sites for any unlawful purpose or in a manner inconsistent with its intended operation;
  1. use automated tools, including bots, spiders, crawlers, or scrapers, to access or harvest Site data;
  2. upload or introduce viruses, malware, ransomware, logic bombs, or other harmful code;
  3. interfere with or disrupt the performance or security of the Sites;
  4. impersonate any person or misrepresent your identity or affiliation;
  1. submit any information that is inaccurate, unlawful, or otherwise infringes the rights of any person or entity; or
  1. create a link to the Sites from another website or document without Free Market Health’s prior written consent.
6. Intellectual Property

All content and images contained on the Sites, including but not limited to the design, layout, look, appearance, graphics, text, software, data, databases, trademarks, logos, service marks, and all other materials, are the property of Free Market Health or are licensed to Free Market Health and are protected by applicable intellectual property laws. Reproduction, distribution, or transmission of any Site content in any form is prohibited without the prior written permission of Free Market Health. All trademarks reproduced on the Sites that are not the property of, or licensed to, Free Market Health are acknowledged. Unauthorized use of the Sites or its content may give rise to a claim for damages and may constitute a criminal offense.

7. Feedback

By sending us any ideas, suggestions, documents, or proposals (“Feedback”), whether related to our Sites, products, or services, you agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback. We may use, publish, distribute, and sublicense the Feedback without any obligation of attribution or compensation to you or any third party.

8. Disclaimer of Warranties

THE SITES AND ALL CONTENT, PRODUCTS, DESCRIPTIONS, AND INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. FREE MARKET HEALTH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF THE SITES OR ANY INFORMATION PROVIDED THROUGH THEM; THAT THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR SERVERS ARE FREE OF VIRUSES OR HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT SITE INFORMATION MAY CONTAIN INACCURACIES OR ERRORS, AND FREE MARKET HEALTH EXPRESSLY EXCLUDES LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. FREE MARKET HEALTH IS NOT RESPONSIBLE FOR THIRD-PARTY SYSTEMS, INCLUDING PAYMENT SYSTEMS, OR FOR ANY DELAYS, INACCURACIES, OR INTERRUPTIONS RESULTING FROM SYSTEM OUTAGES OR NETWORK FAILURES. ALL USE IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FREE MARKET HEALTH ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR INVESTORS, OFFICERS, AGENTS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES, AND PARTNERS (COLLECTIVELY, THE “FREE MARKET HEALTH PARTIES”), DISCLAIM ALL WARRANTIES WITH REGARDS TO (A) THE SITES, (B) ALL CONTENT AND THIRD-PARTY CONTENT AVAILABLE VIA THE SITES, AND (C) ALL SECURITY ASSOCIATED WITH THE ELECTRONIC TRANSMISSION OF INFORMATION TO FREE MARKET HEALTH AND OTHER USERS, INCLUDING VIA THE SITES. IN ADDITION, THE FREE MARKET HEALTH PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FREE MARKET HEALTH AND THE FREE MARKET HEALTH PARTIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER LOSS OR DAMAGE ARISING OUT OF OR RELATING TO THE SITES, THIRD-PARTY SYSTEMS ACCESSED THROUGH THE SITES, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE SITES. THIS INCLUDES ANY ERRORS, OMISSIONS, DELAYS, SYSTEM FAILURES, OR INACCURACIES IN DATA OR CONTENT. YOUR SOLE REMEDY IS TO STOP USING THE SITES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ALL FREE MARKET HEALTH PARTIES FOR ANY CLAIM RELATING TO THE SITES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00), EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10. User Content

Whenever you make use of a feature that allows you to upload content to any of the Sites, or to make contact with other users of the Sites, you agree that your use and the content you upload shall not:

  1. breach any applicable local, national, or international law or regulation;
  2. be unlawful or fraudulent, or have any unlawful or fraudulent purpose;
  1. be for the purpose of harming or attempting to harm minors in any way;
  2. transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation;
  1. knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  2. disseminate any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable material;
  3. submit any information that would identify a patient or any information for which you do not have all necessary consents or authorizations to disclose;
  4. attempt to gain access to other computer systems;
  1. interfere with anyone else’s enjoyment of the Sites; or
  1. interfere with or disrupt networks or websites connected to the Sites.

All content you upload to any of the Sites shall be considered non-confidential and non-proprietary. You represent that you have the authority to upload any such content, and you grant to Free Market Health the irrevocable right to use, copy, modify, publish, perform, transmit, and display any such content via any media in accordance with these Terms. Subject to all applicable laws and the Free Market Health Privacy Policy, Free Market Health shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content, for any reason whatsoever.

We reserve the right to disclose your identity to any third party who claims that any content posted or uploaded by you to the Sites constitutes a violation of their intellectual property rights or of their right to privacy.

We accept no responsibility, or liability to any third party, for the content or accuracy of any content posted by you or any other user of the Sites. We reserve the right to remove any posting you make on the Sites if, in our sole opinion, your post does not comply with these Terms.

11. Indemnification

BY AGREEING TO THESE TERMS, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FREE MARKET HEALTH AND THE FREE MARKET HEALTH PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS TO OR USE OF THE SITES; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR INFRINGEMENT OR MISAPPROPRIATION OF FREE MARKET HEALTH’S OR ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHT OR OTHER PROPRIETARY RIGHT; OR (D) YOUR VIOLATION OF ANY APPLICABLE LAW. FREE MARKET HEALTH MAY ASSUME EXCLUSIVE CONTROL OF THE DEFENSE OF ANY MATTER SUBJECT TO INDEMNIFICATION, AND YOU WILL COOPERATE FULLY WITH THAT DEFENSE.

12. Third-Party Websites, Content, and Applications

The Sites may include links or access to third-party websites, platforms, or services not controlled by Free Market Health. Your use of any third-party site or service is at your own risk and governed solely by the terms and privacy policies of the applicable third party. Free Market Health does not endorse, guarantee, or assume liability for any third-party information, technology, services, transactions, or data practices. Once you leave the Sites through a third-party link, Free Market Health is not responsible for the protection or privacy of any information you provide.

USE OF THIRD-PARTY PHARMACIES. The Sites may facilitate referrals to third-party specialty pharmacies. Free Market Health does not dispense medications. Free Market Health is not responsible for the acts or omissions of any third-party pharmacy, including without limitation the quality, safety, or availability of medications, adherence to prescriptions, or patient care. Your relationship with any third-party pharmacy is governed by that pharmacy’s own terms and policies.

13. Monitoring and Enforcement

Free Market Health may, but is not required to, monitor activity on the Sites and may remove content or restrict access where necessary to protect the Sites, business data, or other users. Free Market Health may take any action it deems appropriate to address violations or suspected violations of these Terms.

Free Market Health may disclose any information it has about you (including your identity) if Free Market Health determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Sites, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Free Market Health’s rights or property, or the rights or property of visitors to or users of the Sites. Free Market Health reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Free Market Health also may disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Free Market Health may preserve any transmittal or communication by you with Free Market Health through the Sites or any services offered on or through the Sites, and may also disclose such data if required to do so by law or Free Market Health determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property, or personal safety of Free Market Health, its employees, users of or visitors to the Sites, and the public.

14. Termination

Free Market Health may, in its sole discretion and without prior notice, terminate your access to the Sites and/or block your future access to the Sites if Free Market Health determines that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Sites. You agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Free Market Health, for which monetary damages would be inadequate, and you consent to Free Market Health obtaining any injunctive or equitable relief that Free Market Health deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Free Market Health may have at law or in equity.

Free Market Health may also terminate your access to the Sites for cause, which includes, but is not limited to: (a) requests by law enforcement or other government agencies, (b) a request by you (e.g., self-initiated account deletions), (c) discontinuance or material modification of the Sites or any services offered on or through the Sites, or (d) unexpected technical issues or problems. If Free Market Health does take any legal action against you as a result of your violation of these Terms, Free Market Health will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Free Market Health. You agree that Free Market Health will not be liable to you or to any third party for termination of your access to the Sites as a result of any Free Market Health determination that you violated these Terms. The provisions of these Terms will survive the deactivation or earlier termination of Your Account pursuant to these Terms for any reason.

15. Availability

Free Market Health strives to keep the Sites available, but availability may be interrupted or limited at any time for maintenance, updates, outages, technical issues, or events beyond Free Market Health’s control. Free Market Health may suspend or restrict access at its discretion if it believes there is a security concern, actual or suspected unauthorized use, a violation of these Terms, or for any other reason permitted by law. The Sites are intended for use by users in the United States of America and are controlled by Free Market Health from its offices within the United States of America. You may not use or export the Site content or any other content made available via the Sites in violation of U.S. export laws and regulations. If you choose and are authorized to access the Sites from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

16. Governing Law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. Any dispute relating to these Terms or the Sites must be brought exclusively in the state or federal courts located in Allegheny County, Pennsylvania, and you consent to the personal and exclusive jurisdiction of those courts. Any claim relating to the Sites must be filed within one (1) year after it arises or it is permanently barred.

WAIVER OF JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITES.

CLASS ACTION WAIVER. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND AGREES THAT SUCH CLAIM WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

17. Assignment

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.

18. Entire Agreement

These Terms and any terms, guidelines, or rules posted throughout the Sites are the entire agreement between you and Free Market Health with respect to your access to and use of the Sites. Free Market Health’s failure to enforce any provision does not waive that provision or any other; any waiver must be in writing and signed by Free Market Health.

19. Severability and Survival

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Provisions that by their nature should survive termination will continue in effect, including provisions regarding intellectual property, indemnification, limitation of liability, disclaimer of warranties, dispute resolution, security obligations, and restrictions on use.

20. Notices

All notices, consents, and other communications under these Terms must be in writing and addressed to the recipient. Free Market Health may provide Site-related notices by posting them within the Sites or by sending them to the email address associated with your account.

21. Contact Us

If you have questions about these Terms, please contact Free Market Health at:

Email: support@freemarkethealth.com

Address: Free Market Health, Inc., 40 24th Street, 6th Floor Pittsburgh, PA 15222

ELECTRONIC COMMUNICATIONS. By using the Sites or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Sites. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Sites or by sending an email to you. You may have a legal right to receive these communications in writing.

Last Updated: July 1, 2026