Preamble
These Terms and Conditions of Service (this "Agreement") constitute a legally binding contract made among the Patient, Legal Representative, and/or Attorney or Law Firm ("Subscriber") and CreoRx Solutions LLC ("Company," "Provider," or "CreoRx"). This Agreement governs the grant of a pharmacy lien to CreoRx Solutions and the acknowledgment that CreoRx Solutions may assign such lien.
This Agreement is part of a suite of governing documents that together constitute the complete agreement between you and CreoRx. Those documents are: (a) this Agreement, which controls lien obligations, payment terms, lien-related arbitration, and the Attorney Guarantee; (b) the End User License Agreement ("EULA"), which controls portal usage, electronic signatures, account management, and all other platform matters; and (c) the Privacy Policy, which governs the collection, use, and protection of personal and health information. In the event of any conflict among these documents, this Agreement controls as to lien and payment matters; the EULA controls as to all portal and account matters; and the Privacy Policy controls as to data handling. All three documents are incorporated herein by reference and are available at www.creorx.com.
By accessing the Services, Subscriber represents that it has read, understood, and agrees to be bound by all provisions of this Agreement and its companion documents, as may be updated from time to time. IF SUBSCRIBER DOES NOT AGREE, SUBSCRIBER MUST IMMEDIATELY DISCONTINUE USE OF ALL CREORX SERVICES.
We reserve the right to modify this Agreement at any time. Material changes will be communicated via the portal or by email. Continued use of the Services after the effective date of any modification constitutes acceptance of the revised Agreement.
Definitions
For purposes of this Agreement, the following terms have the meanings set forth below:
means these Terms and Conditions of Service, together with the End User License Agreement ("EULA") and Privacy Policy, all available at www.creorx.com, which together constitute the complete agreement between Subscriber and the Company.
means any third party to whom Provider assigns its lien rights and right to payment under this Agreement. Provider may assign the lien without Patient's or Attorney's consent.
means the licensed attorney or law firm representing Patient in connection with the personal injury claim, including all authorized staff members acting on behalf of the attorney or firm.
means an individual authorized by a law firm or Subscriber to access the CreoRx portal, including attorneys, case managers, paralegals, legal assistants, and other personnel acting on behalf of the Subscriber.
means CreoRx Solutions LLC, including its affiliates, successors, and assigns, also referred to herein as "Provider" or "CreoRx."
means all non-public information disclosed in connection with the Services, including client personal and medical information, prescription data, lien amounts, settlement information, billing records, custody records, pricing terms, and any other information accessed through the portal that is not publicly available.
means the End User License Agreement governing portal usage, electronic signatures, account management, and all other platform matters, available at www.creorx.com.
means the list of generic prescription medications covered under the CreoRx pharmacy benefit card for injury-related prescriptions, as may be updated from time to time at the Company's discretion.
means the Attorney or law firm who accepts absolute and full responsibility for services rendered to the Patient and executes the guarantee set forth in Section XI of this Agreement.
means a written commitment from an Attorney to a medical or pharmacy provider, acknowledging a lien on any settlement or judgment proceeds to cover the cost of services rendered to Patient on a lien basis.
means the security interest and assignment of proceeds granted by Patient to Provider and Assignee against any judgment, settlement, award, verdict, or other collection activity arising from Patient's personal injury claim, in an amount equal to all sums due for services rendered under this Agreement.
means all alternative sources of payment for medical expenses, including but not limited to liability insurance medical payments, MedPay, health insurance, HMOs, PPOs, Medicare, Medicaid, TriCare, Champus, VA Insurance, and applicable state no-fault provisions.
means the individual injured person who is receiving pharmacy benefit services from Provider under this Agreement and whose personal injury claim gives rise to the lien described herein.
means any claim, lawsuit, arbitration, mediation, or other legal proceeding brought by or on behalf of Patient arising from the illness or injuries necessitating the Services covered by this Agreement.
means the CreoRx-issued card that enables Patient to fill injury-related prescriptions at participating pharmacies within the CreoRx network at no upfront out-of-pocket cost, subject to the terms of this Agreement.
means the CreoRx Solutions LLC Privacy Policy governing the collection, use, and protection of personal and health information, available at www.creorx.com/privacy-policy.
means CreoRx Solutions LLC, as the pharmacy benefit services provider facilitating the Formulary medications covered under this Agreement.
means the pharmacy benefit card program, lien administration services, client enrollment portal, attorney portal, and all related services provided by the Company under this Agreement.
means the Patient, Attorney, and/or Law Firm who executes or agrees to be bound by this Agreement. Where the context requires, "Subscriber" refers to all parties collectively.
Grant of Lien for Pharmacy Services
Subscribers understand that pharmacy services, medications, and related benefits received from Provider may be billed on a lien basis as authorized by applicable state law.
Patient hereby assigns to Provider and Assignee, and grants to each a lien on the proceeds that may be recovered on Patient's behalf as a result of any judgment, settlement, arbitration, mediation, award, verdict, or other collection activity arising from Patient's personal injury claim, in which Patient is represented by Attorney. The lien amount shall equal all sums due to Provider for pharmacy services rendered to Patient pursuant to this Agreement.
Patient and Attorney acknowledge that Provider may assign this lien to an Assignee, who may hold the exclusive right to collect all amounts due. Attorney agrees to pay Assignee directly out of any judgment, settlement, or award, in an amount equal to all sums due for pharmacy services rendered to Patient.
Patient and Attorney agree that this lien covers all pharmacy services Patient receives from Provider under this Agreement. Except where fees are capped by applicable statute, Subscribers hereby waive any right to object to Provider's or Assignee's fees on the basis that they are unreasonable or excessive.
Payment Agreement
Patient authorizes and directs Attorney to pay Provider directly for any billings and fees arising from pharmacy services, as well as any other amounts Patient may owe Provider or Assignee.
Subscribers shall notify Assignee of any payment received for pharmacy services. All payments up to the amount secured by the lien shall be forwarded to Assignee, to the extent permitted by applicable law.
Patient acknowledges that any settlement may pay all, part, or none of the amounts owed, and that Patient remains personally responsible for any unpaid balance to the extent permitted by law. Attorney agrees to hold in Attorney's Client Trust Account such sums as may be necessary to protect Provider's or Assignee's interests, and to pay from that Trust Account the amounts due.
If Patient obtains new counsel, Attorney shall inform new counsel of this Agreement and shall use reasonable efforts to obtain new counsel's agreement to honor its terms.
Electronic Signature and Execution
This Agreement may be executed by electronic signature, valid and enforceable under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and applicable state laws.
By submitting this Agreement through the CreoRx portal or by any other electronic means, Subscriber expressly consents to the use of electronic signatures and acknowledges that actions taken through the portal — including client enrollment, lien acknowledgment, and approval of letters of protection ("LOPs") — constitute valid and binding electronic signatures.
If you are an Attorney, Law Firm, or authorized representative of a Law Firm: (a) when your staff members (including case managers, paralegals, or legal assistants) enroll a client through the CreoRx portal, such staff are acting as your authorized agents; (b) the staff member's electronic signature constitutes a valid countersignature on behalf of the Firm alongside the client's acknowledgment of the lien and LOP; and (c) the Firm is solely responsible for ensuring its staff are properly authorized to execute such signatures and that all required client consents have been obtained prior to enrollment.
The EULA (Section 8) contains additional provisions governing electronic signatures, consent to electronic records, and record retention. Those provisions are incorporated herein by reference.
Arbitration Agreement
Read this provision carefully — it affects your legal rights, including your right to a jury trial.
Patient, Attorney, Provider, and Assignee mutually and voluntarily agree that any and all disputes, claims, or controversies arising out of or in connection with this Agreement, Patient's pharmacy services, or Attorney's relationship with Assignee — however described, pleaded, or styled, including claims in tort and/or contract — shall be decided exclusively and finally by binding arbitration. ALL PARTIES HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL BY AGREEING TO BINDING ARBITRATION.
Arbitration shall be conducted in Clark County, Nevada, before one neutral arbitrator appointed by the American Arbitration Association ("AAA") under the AAA Commercial Arbitration Rules available at www.adr.org. The arbitrator shall be selected pursuant to the AAA rules and shall have actual knowledge and experience relevant to the subject matter of this Agreement.
The arbitrator shall have authority to award any monetary and non-monetary relief available in a court proceeding. Judgment on any arbitration award may be entered in any court of competent jurisdiction. The cost of arbitration shall be paid by the initiating Subscriber, subject to reallocation by the arbitrator.
This arbitration shall be solely between the parties to this Agreement. No class arbitration or representative action may be undertaken by the arbitrator. The arbitrator has no authority to consolidate or join claims of other parties or persons similarly situated.
Governing law: The Federal Arbitration Act ("FAA") and related federal law govern the interpretation and enforcement of this arbitration provision to the fullest extent possible. The arbitrator shall apply the substantive law of the State of Nevada, consistent with the FAA, including applicable statutes of limitations, and shall honor applicable privilege claims.
If any part of this arbitration agreement is deemed invalid or unenforceable (other than the class action waiver), the remainder shall continue in full force and effect.
Patient opt-out right: Patient may elect to opt out of this arbitration provision by sending written notice to Assignee before 5:00 p.m. Pacific Time on the seventh (7th) calendar day after this Agreement is executed. Opting out does not terminate the Agreement or affect any other rights or obligations of the parties.
Class Action and Jury Trial Waiver
To the maximum extent permitted by applicable law, all parties waive the right to a jury trial for any claim arising out of or relating to this Agreement or the Services.
All dispute resolution proceedings shall be conducted on an individual basis only, not in any class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding.
If any claim proceeds in court rather than arbitration, both parties waive their right to a jury trial. Subscriber acknowledges these waivers are made voluntarily and knowingly.
Attorney's Fees and Expenses
In the event of any litigation, arbitration, or other action to collect upon, enforce, or determine the validity of this Agreement, or in any way connected to Patient's pharmacy services, the prevailing party shall be entitled to recover reasonable attorney's fees and actual costs, including fees and costs related to any appeal, bankruptcy proceeding, or other proceeding, in such amount as determined by the arbitrator or court.
Representations and Warranties
Patient acknowledges and understands that Patient has multiple options to fund medical treatment, including health insurance, government programs, and health maintenance organizations. Patient either: (a) does not have applicable insurance coverage; (b) Patient's insurance does not cover the services subject to this lien; or (c) Patient has voluntarily decided that obtaining medications on a lien basis is preferable and in Patient's best interest.
Patient agrees not to request Provider or Assignee to bill Patient's health insurer or any alternate funding source after executing this Agreement. Patient voluntarily chooses to obtain medications on a lien basis and, therefore, will not utilize other medication funding sources for the services covered by this Agreement.
Patient acknowledges that the amount billed on a lien basis reflects the value of Provider's services. Subscriber acknowledges that Provider or Assignee will not bill Patient's health insurance, Workers' Compensation, government programs, or other medical insurance coverage. Provider may assign this lien without Patient's or Attorney's consent.
Patient understands that Patient may terminate this Agreement any time prior to receiving any pharmacy services by providing written notice to Provider or Assignee. Once pharmacy services have commenced, this Agreement may only be terminated by Provider or Assignee through express written notice.
The waiver by any party of a breach or violation of any provision of this Agreement shall not operate as a waiver of any later breach of the same or any other provision. If any portion of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect.
No Medical or Legal Advice
Patient acknowledges that CreoRx does not provide medical advice, diagnosis, or treatment recommendations. Company's role is limited to facilitating pharmacy benefit access on a lien basis. All medical decisions, including decisions regarding prescriptions and treatment, remain solely between Patient and Patient's treating healthcare provider(s). Nothing in this Agreement or the Services creates a pharmacist-patient, provider-patient, or other healthcare provider relationship between CreoRx and Patient.
This Agreement does not constitute legal advice. Attorneys and law firms using the Services are solely responsible for ensuring their use complies with applicable state bar rules, professional responsibility standards, and all other legal and ethical obligations.
HIPAA Authorization, Certification, and Release
Patient and Attorney certify that all information provided in connection with this Agreement is correct and complete. Patient understands that, in accordance with HIPAA, Patient's medical information relating to this personal injury case may be shared to manage and expedite Patient's pharmacy benefit access.
Patient authorizes Provider, Assignee, and Attorney to secure, release, and disclose medical treatment information with companies and individuals as deemed necessary, and further agrees that examinations, diagnoses, medical treatments, and reports may be shared with necessary parties involved in Patient's case.
To the extent Company functions as a "business associate" as defined under HIPAA, Company shall protect individually identifiable health information in accordance with the applicable Business Associate Agreement ("BAA") entered into with the applicable covered entity, and in accordance with the Company's Privacy Policy. Patient may request information regarding the BAA from the applicable healthcare provider.
Marketing Use: Patient also permits Provider or Assignee to use such medical information for marketing purposes limited to CreoRx's pharmacy lien services, pharmacy benefit programs, and related healthcare service offerings. CreoRx will not sell or lease patient medical information to unaffiliated third parties for independent marketing purposes. Patient may revoke this marketing authorization at any time by written notice to info@creorx.com. Revocation is effective prospectively only.
Attorney and Patient acknowledge and represent that Attorney has obtained a Release of Medical Information from Patient for purposes of communications regarding Patient's medical information and that Provider or Assignee is covered by such Release.
Waiver and Acknowledgment of Services on a Lien
By signing or electronically executing this Agreement, Subscriber acknowledges and agrees to the following:
- Subscriber has considered all possible sources of funding for Subscriber's medical expenses, including liability insurance medical payments, MedPay, health insurance, HMOs, PPOs, Medicare, Medicaid, TriCare, Champus, VA Insurance, and payments available through applicable state "no fault" provisions (collectively "Other Funding Sources").
- Subscriber voluntarily elects to receive Services on a lien and waives use of Other Funding Sources for the services covered by this Agreement.
- Subscriber acknowledges that no Other Funding Sources will be billed for these Services, and that Subscriber will be solely responsible for bills and invoices to Provider if they are not covered, in whole or in part, by any judgment, settlement, or award arising from Subscriber's personal injury claims.
- Subscriber has reviewed this Agreement with Subscriber's attorneys, including the attorney named herein.
- Subscriber expressly assumes all risks associated with obtaining Services on a lien basis and releases Provider, their directors, officers, employees, and agents from any and all claims for loss, expense, damage, or liability arising from this decision.
- Subscriber requests and orders Subscriber's Providers not to bill any Other Funding Sources, and orders Other Funding Sources not to make any payments to Provider for the services covered by this Agreement.
- Provider assumes no duty to advise or investigate Other Funding Sources. Subscriber retains the right to revoke this waiver by providing written notice to Provider any time prior to receiving Services secured by a lien.
- If Subscriber is a Medicaid beneficiary: Provider has explained, and Subscriber understands, that Provider will not bill Medicaid and will instead seek recovery directly from Subscriber based on amounts and settlements paid by liable third parties. Provider has explained, consistent with applicable state law, that the Services provided may be Medicaid-covered services, and that other providers may render such services at no cost to Subscriber.
- Subscriber acknowledges Provider's entitlement to reimbursement for Services rendered and that such reimbursement shall be recovered from liable third parties. Provider's right to payment from any settlement or award is separate from any amounts Subscriber may claim from such settlement or award.
Data Retention for Lien Records
The Company shall retain all records relating to this Agreement, including prescription records, custody records, invoices, lien agreements, letters of protection, and settlement documentation, for a minimum of seven (7) years following the final resolution of the associated case or settlement, or such longer period as may be required by applicable law (including HIPAA and applicable state pharmacy board regulations).
This retention obligation survives the termination or expiration of this Agreement. Retained records may be used by Company for lien enforcement, legal compliance, dispute resolution, and the exercise of its rights under this Agreement and applicable law. These data retention obligations are consistent with, and supplemented by, the detailed Data Retention Schedule set forth in the Company's Privacy Policy.
Force Majeure
The Company shall not be liable for any failure or delay in providing pharmacy benefit services under this Agreement where such failure or delay results from causes beyond the Company's reasonable control, including but not limited to:
- Acts of God, natural disasters, fire, flood, earthquake, epidemic, or pandemic;
- War, terrorism, civil unrest, or government action;
- Internet or telecommunications failures, power outages, or system malfunctions;
- Pharmacy network disruptions, formulary changes, drug supply shortages, or third-party pharmacy refusals to fill;
- Cyberattacks, data breaches, or security incidents affecting third-party systems; or
- Changes in applicable laws, regulations, or regulatory guidance affecting the Company's ability to provide pharmacy benefit services.
In the event of a force majeure event, the Company's obligations under this Agreement shall be suspended for the duration of the event. Company shall use commercially reasonable efforts to resume performance as promptly as practicable and shall notify Subscribers of material service disruptions through the portal or by email.
Statute of Limitations
Any claim or cause of action arising out of or relating to this Agreement (other than the Company's right to enforce its lien, collect amounts due under this Agreement, or the Attorney Guarantee) must be commenced within one (1) year after the cause of action accrues. Any claim not filed within this one-year period shall be permanently barred, regardless of whether the claim arises under contract, tort, statute, or any other legal theory.
The Company's right to enforce its lien rights, collect amounts due, and enforce the Attorney Guarantee shall be subject to the applicable statute of limitations under Nevada law, not the one-year limitation described above.
Cooperation with Law Enforcement and Regulatory Authorities
Patient and Attorney consent to Company's cooperation with law enforcement and regulatory authorities investigating potential fraud, abuse, or illegal activity in connection with the Services or this Agreement. Company reserves the right to disclose information as required by applicable law, subpoena, court order, or as reasonably necessary to protect the rights, property, or safety of Company, Subscribers, or third parties, consistent with the Company's Privacy Policy.
Notices
All formal notices required or permitted under this Agreement shall be in writing and shall be deemed duly given: (a) upon delivery, if delivered by hand; (b) one (1) business day after deposit with a recognized overnight courier service (e.g., FedEx, UPS) with tracking confirmation; (c) three (3) business days after mailing by certified or registered mail, return receipt requested, postage prepaid; or (d) upon confirmed receipt, if sent by email to a designated legal contact address.
Notices to Company shall be sent to: CreoRx Solutions LLC, 871 Coronado Center Dr., Suite 200, Henderson, NV 89052, Attn: Legal Department; or by email to legal@creorx.com. Notices to Subscriber shall be sent to the address or email associated with Subscriber's Account.
Operational notices relating to card limit changes, lien balance updates, or settlement demands shall be provided through the Attorney Portal or by email to the address on file, and shall be deemed received upon delivery to the portal or upon transmission to the email address on file.
Assignment and Survival
Assignment: The Company may assign its rights and obligations under this Agreement, including its lien rights, without Subscriber's consent, including in connection with any merger, acquisition, sale of assets, or transfer of its lien portfolio. Subscriber may not assign its obligations under this Agreement without the prior written consent of the Company.
Survival: The following provisions shall survive the termination, expiration, or settlement of this Agreement and any associated personal injury claim: Sections II–VII, X, XI, XIII, XV, XVII, and this Section XVIII.
General Provisions
Governing Law: This Agreement and all matters arising from it shall be governed by the internal laws of the State of Nevada without regard to any choice of law rules, except that the interpretation and enforcement of the arbitration provision in Section V shall be governed by the Federal Arbitration Act.
Entire Agreement: This Agreement, together with the EULA, Privacy Policy, and any applicable Subscription Agreement, constitutes the entire agreement between Subscriber and the Company and supersedes all prior oral or written agreements relating to such subject matter.
Severability: If any provision of this Agreement is held to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
No Waiver: No waiver by either party of any breach or default under this Agreement shall constitute a waiver of any subsequent or other breach or default.
Integration with EULA: This Agreement supplements the EULA with respect to lien and payment matters. The EULA's electronic signature provisions (Section 8), confidentiality obligations (Section 9), disclaimer and limitation of liability provisions (Section 10), and monitoring and compliance provisions (Sections 4.1 and 4.2) apply to this Agreement and are incorporated herein by reference.
Counterparts and Electronic Execution: This Agreement may be signed in counterparts, each of which shall have the same force and effect as if executed in a single document. Electronic signatures and electronically delivered copies shall have the same force and effect as original signatures.