IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.
IF YOU ARE NOT FEELING WELL, PLEASE CONTACT AN APPROPRIATE HEALTH CARE PROFESSIONAL.
Read these Terms and Conditions of Use (the “Terms”) for important information about our Service (as defined below).
AGREEMENT BETWEEN USER AND Pharmacy Portal.
Please read the following Terms carefully and completely before using the “Site” or any services, content, information, or goods provided through or in connection with the Site or by or on behalf of the Pharmacy or one of its subsidiaries or affiliates (together with the Site, collectively, the “Services”).
ACCEPTANCE OF TERMS. By clicking or tapping “I agree,” “I accept,” or any other similar button or box with respect to this Agreement or by using the Site at any time, constitutes your full legal acceptance of the Terms and you expressly agree to be legally bound to them. If you do not want to be legally bound, or if you do not agree with the Terms, do not use the Site.
You understand and agree that the Services, at its sole and absolute discretion, may modify the Terms in whole or in part at any time for any reason without any notice to You, whether prior or otherwise. Such modified Terms shall supersede these and shall become binding when published on the Site. You can review the most current version of the Terms at the home page. We recommend that you check the Terms periodically for any changes. Your continued use of the Site following the posting of any changes to the Terms will mean that you agree to and accept such changes. In addition to the Terms, when using a particular service on the Site, you will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by this reference into the Terms.
You may not transfer, assign, or sublicense any or all your rights or obligations under this Agreement without obtaining first express written consent of the Services. Any attempted assignment without such consent is void. The Services may transfer, assign, or sublicense any or all our rights or obligations under this Agreement without restriction.
OVERVIEW OF SERVICE. The Site provides users with access to on-line services and resources. Any changes in the Services, including the release of new products or services, shall be subject to these Terms, unless otherwise stated. You understand and agree that the Site and the information contained therein is provided "AS-IS" and that the Services assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
YOUR REGISTRATION OBLIGATIONS. By using the Site, you agree to be legally bound to these Terms as if you had signed this Agreement and you are solely responsible for the content you enter into the Site. You further agree to: (a) provide accurate, true, complete and current information about yourself as requested by the Site’s registration form (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it accurate, true, complete and current. If you provide any information, or if the Services have reasonable grounds to suspect that you provided information, that is fraudulent, untrue, inaccurate, not current or incomplete, the Services have the right, in its sole discretion, to suspend or terminate your account without notice and refuse any and all current and/or future use of the Site, or any portion thereof, including immediate deactivation or deletion of your account and all related information and files in it and bar any further access to such files or the Site. Furthermore, you acknowledge and agree that we shall not be liable to you or any third party for any termination of your access to your account or the Site.
You agree not to violate any law or regulation while using the Site whether intentionally or unintentionally. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Any conduct by you that, in our sole discretion, interferes, inhibits or restricts the ability of any other user to access and/or use the Site is prohibited. You may not include any content that contains any computer viruses, or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.
You are strictly prohibited from communicating on or through the Site any unlawful, abusive, harmful, threatening, offensive, libelous, hateful, vulgar, obscene, harassing, defamatory, profane, sexually explicit, ethnically, racially, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
The Services reserves the right to suspend or terminate your use of (including any access to) the Site, or parts of it, without notice, if we believe, in our sole discretion, that you are using it in violation of this Terms, our requirements, or any applicable law, or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or any other third party.
By submitting or including content on the Site, you grant the Services and any company substantially under the control of the Services, the right to remove any content or comment that, in the Service’s sole judgment, does not comply with the Terms or is otherwise objectionable. You also grant the Services and any company substantially under the control of the Services the right to modify, adapt, and edit any content.
Your submission of information through the Site is governed by our Privacy Policy. Please, read the Privacy Policy carefully. Your use of the Site constitutes the acceptance of our Privacy Policy, which, among other things, explains how we seek to protect the privacy of the personal information that you provided to us through the Site.
MEMBER ACCOUNT; PASSWORD AND SECURITY. The Services provide for the use of a username and a password in the Site for you to protect your medical information. However, the Services does not represent or warrant that the password cannot be broken, and your personal information might not become available to third parties. You may not impersonate any other person or entity through the use of the Site. The uploading, emailing, or otherwise making available any information contained in the Site to a third party is your sole responsibility. You are responsible for the content you enter into the Site and for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Services of any unauthorized use of your registration or password. You agree not to share your member account, username or password with anyone, including users whose accounts have been terminated by the Services. If we discover that you are sharing your account, username and/or password, with anyone we will immediately terminate your account and you shall not receive a refund for products or services purchased.
MEDICAL ADVICE DISCLAIMER. Any health-related content in the Site it’s for reference only and should not be used to determine treatment for specific medical conditions or as specific instructions for individual patients. It is not a substitute for proper medical advice, diagnosis, or treatment, and is not intended as a guide to self-medication. Using, accessing, and/or browsing the Site and/or providing personal or medical information to the Services does not create a physician-patient relationship between you and the Services. Nothing contained in the Site is intended to; create a physician-patient relationship, replace the services of a licensed trained physician or health professional, or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should never disregard, avoid or delay obtaining medical advice from a licensed practitioner because of information made available through the Site. The Site, the Services and its health-related information and resources are not intended and must not be taken as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction. You should consult and discuss the information provided with a physician, pharmacist, nurse, or other licensed health care professional before making any health-related decision. We urge you to check the product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.
You understand and agree that neither the Services nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of the Site or the information resources contained on or accessible through the Services.
The Services don’t provide any form of insurance. The inclusion of information about any particular pharmaceutical or other product does not indicate anything about whether any insurance plan may or may not provide benefits with respect to that product.
You acknowledge and agree that the Services may preserve information and may also disclose information if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Site, its users and the public.
DISCLAIMER OF ALL WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY SERVICES PERFORMED OR PROVIDED BY OR THOROUGH THE SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE SERVICES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE SERVICES OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. THE SERVICES MAKE NO WARRANTY THAT (i) THE SITE WILL OPERATE UNINTERRUPTED, TIMELY, SECURE, EFFICIENT, OR ERROR FREE; (ii), THE SITE WILL MEET YOUR REQUIREMENTS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE SITE, ANY PRODUCT, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. SHOULD THE SITE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
The Information in the Site may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Although the Services reserves the right to correct any errors, omissions, or inaccuracies, to the maximum extent permitted under applicable law, the Services undertakes no obligation to update any Information on the Site; provided, however, that the Services may update the information at any time without notice in the Service’s sole and absolute discretion. The Services reserves the right to make alterations or deletions to the Information at any time without notice.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, BY USING THE SITE YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH SUCH USE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE SERVICES BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, DIRECT OR INDIRECT, CONSEQUENTIAL, PUNITIVE, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF THE SERVICES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH CASES SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. In no event shall THE Service’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
You acknowledge and agree that the limitations set forth above are fundamental elements of this Agreement and the Service would not be provided to you absent such limitations.
INDEMNIFICATION. You agree to indemnify and hold harmless the Services, and its subsidiaries, affiliates, officers, agents, partners, and employees from any and all claims or demands, including reasonable attorney's fees, made by any third party due to, but not limited to, the following (1) any content posted or made available by you on the Site, (2) any violation of law that occurs by you through the Site, (3) your violation of these Terms and/or (4) anything you do using the Site and/or the Information contained therein.
RESERVATION OF INTELLECTUAL PROPERTY RIGHTS. Subject to your compliance with these Terms you are permitted by the Services to use the Site in a limited, revocable, non-exclusive, non-transferable license to access, use, and display the Site solely for your personal, non-commercial use. The Site is protected by United States intellectual property laws. The Services hereby reserves any and all intellectual property rights in the Site. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or Software, in whole or in part. You and the Services acknowledge that, in the event of any third party claim that the Site or your possession and use of the Site infringes that third party’s intellectual property rights, the Services, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
AGE RESTRICTION. The Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the Site. By accessing and using the Site you acknowledge that you are at least eighteen (18) years old and are fully able and competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
TERMINATION. This Agreement is effective until terminated by either party. Your rights under this Agreement will terminate automatically if you fail to comply with any of the Terms. If you are dissatisfied with the Site, its content, or any of the terms, conditions, and policies of this Agreement or if you no longer agree to be bound by this Agreement, you must immediately cease your use of the Site. You understand and agree that your sole and exclusive legal remedy in this case is to discontinue using the Site.
You agree that the Services may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Site, and remove and discard any information within the Site, for any reason. The Services may also, in its sole discretion, and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may occur without prior notice, and you acknowledge and agree that the Services may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that the Services shall not be liable to you or any third-party for any termination of your access to the Site.
INVALIDITY. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement will remain in full force and effect.
GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS. This Agreement and your use of the Site, along with the information contained therein, shall be governed by, and construed in accordance with the laws of the State and County where the Pharmacy is located without regard to conflict of laws which would lead to the application of any other laws.
You agree to submit to the jurisdiction of the courts of the State and County where the Pharmacy is located and that such court shall have exclusive jurisdiction, including in personam jurisdiction.
You further agree that any claims or causes of action arising out of or related to this Agreement and the use of the Site, along with the information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
ENTIRE AGREEMENT. You hereby acknowledge that this Agreement represents the entire understanding between you and the Services concerning your use of the Site and the information contained therein.
WAIVER. The failure of the Services to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
NOTIFICATIONS. The Services may choose to provide any notice to you via email or regular mail. The Services may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Site. By registering with our network, you agree that we may send you emails and other communications periodically regarding information specific to our services or other related opportunities we may provide. At any time, you may remove yourself from our mailing list by clicking the opt-out link located at the bottom of each email we send.
If you have any suggestions, comments, and/or questions about the Site and/or these Terms, please contact the Pharmacy.