This Agreement was last revised on March 6, 2017
1. User's Acknowledgment and Acceptance of Terms
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY DIAL 911. The information provided to you by Pharmacy-near-me.com is not a substitute for medical advice from your physician. Pharmacy-near- me.com/ does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned on the Site. Reliance on any information provided by Pharmacy-near-me.com/, Pharmacy- near-me.com/ employees or others is solely at your own risk.
2. Description of Services
You understand and acknowledge that the site is being provided as a "Beta", and is made available on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing Us with feedback on the quality and usability of the Service. The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. We strongly encourage you to back-up all data and information before using it with the site. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, We are not obligated to provide any maintenance, technical or other support for the Service.
Information made available on the Site is obtained from a variety of sources. These sources include the CMS, NPPES, FDA, U.S. National Library of Medicine, Machine-Readable Files from Insurance companies and their public APIs. All of these sources are made publicly available and the Site is under no obligation to remove any such publicly gathered information. Should information be available on the Site that is gathered from one of these sources be objectionable to You, it is Your responsibility to have it removed from the Source of the information. Subject to source removal, we will not remove any such publicly available information without a court order compelling us to do so. Feel free to contact Us regarding such information and, should it be readily available, we will attempt to provide you with the source from which we obtained said information, though we cannot guaranty that we will be able to do so, given the variety of sources and amount of information we use in the creation and maintenance of the Site.
3. Conduct on Site
Your ability to use the site is subject to laws and regulations applicable to your locale, with you being solely responsible all communications you enter into, including their substance and content, through the site. If You choose to share information with others via the SIte, a chat room, message board, or any other service that is or may be made available to you on this Site, you are in agreement not to share, upload, or otherwise distribute or provide the ability to distribute any content – including text, communications, software, images, sounds, data, or other information – that:
- is unlawful in any manner. This includes another's privacy, any act that could be considered a tort in your own locale or the locale of any other user on the site, explicit or graphic descriptions of sexual acts or any other violent sexual behavior, or otherwise violates our rules or policies;
- degrades, victimizes or intimidates an individual or group of individuals because of their race, gender, social status, disability, age, religion or disability;
- Violates any patent, copyright or trademark rights held by another individual or group of individuals, regardless of whether they are users of the Site;
- Is or could be considered spamming, junk or bulk email, bulk email or any other form of unauthorized advertising, as well as any type of gambling that may be deemed in violation of federal or local laws;
- Software which contains a virus or any other type of harmful code, programs that are designed or intended to damage or limit the operations of other types of software, telecommunications equipment or hardware or which is designed to obtain unauthorized access to information or data that is the property of a third party without the express authorization of that third part; or
- impersonates any person or entity.
The Site does not assume liability for any material submitted by users of the Site. In most circumstances We are unable to pre-screen, monitor, or edit the content users contribute to our Site, specifically including, but not limited to, the reviews provided Users of Doctors, pharmacies, or pharmaceuticals.
However, we claim and maintain all rights associated with the removal of content that determined not in compliance with these Terms or any other rules of our site, whether or not posted, as well as the right to remove any information or posting that is harmful to the rights of a third party, inaccurate, or objectionable to the average user of this Site. We cannot be held responsible for failure or delay in the removal of such content, and will be heavily reliant on User feedback in order to do so. You hereby consent to removal of such information posted or made available by You and waive any legal claims against us as a result of our removal of Your objectionable materials.
Further, we cannot allow you to you’re your account with the Site to try and obtain information or access to any third party server or network. All areas of the Site may not be available to You regardless of whether you are an authorized user of the site. You may be removed from the site permanently if you attempt to interfere or deny another user’s ability to use the site in a peaceful manner or otherwise impeded their use and enjoyment of the Site. Violations of the site’s security or attempts to access the network of the Site in violation of these Terms can and will result in criminal and civil penalties against you. We will report all such violations to the applicable legal authorities.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You agree that submission of feedback, suggestions, ideas, or other information or materials regarding the Company, the Application, the Website or any other component of the Service that you provide, whether by email or otherwise ("Feedback") is at your own risk and that Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re- format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sub-license the foregoing rights, in connection with the operation and maintenance of the Service, the Application and the Website. This paragraph is inclusive of all reviews you provide of doctors, pharmacies, and pharmaceutical products you provide, regardless of whether the User submitted review is ultimately published by the Site.
5. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
6. Intellectual Property Information
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "Users Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
7. Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
8. Disclaimer of Warranties and Limitation of Liability
THE SERVICE, AND COMPANY MATERIALS, TOGETHER WITH THE APPLICATION AND THE WEBSITE, ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER THE COMPANY NOR OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, MANAGERS, OFFICERS, AND AGENTS (COLLECTIVELY, THE "THE COMPANY PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE COMPANY MATERIALS, INCLUDING THE APPLICATION AND WEBSITE; (C) CONTENT OR THIRD PARTY CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE COMPANY OR VIA THE SERVICE. IN ADDITION, THE THE COMPANY 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.
THE THE COMPANY PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE, WEBSITE OR APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE THE COMPANY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL OR THAT YOU WILL RECEIVE ANY ANTICIPATED SAVINGS. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE THE COMPANY PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE THE COMPANY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. 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.
THE THE COMPANY PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
BY AGREEING TO THESE TERMS YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE THE COMPANY PARTIES FROM AND AGAINST ANY AND ALL CHARGES, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) INCURRED AS A RESULT OF OR ARISING FROM ANY CLAIM, COMPLAINT, ALLEGATION, LAWSUIT OR DEMAND ARISING OUT OF OR RELATING IN ANY WAY TO (A) YOUR ACCESS TO OR USE OF THE SERVICE; (B) YOUR CONTENT OR ANY CONTENT POSTED, UPLOADED, USED, DISTRIBUTED, STORED, OR OTHERWISE TRANSMITTED THROUGH YOUR ACCOUNT; (C) YOUR VIOLATION OF THESE TERMS; (D) YOUR VIOLATION OF THE RIGHTS OF ANOTHER, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PRIVACY, OR PROPRIETARY RIGHT; OR (E) YOUR VIOLATION OF ANY STATUTES, CODES, ORDINANCES, LAWS, RULES, REGULATIONS, INCLUDING WITHOUT LIMITATION, ALL REGULATORY, ADMINISTRATIVE, AND LEGISLATIVE AUTHORITIES.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL THE COMPANY OR THE THE COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SERVICE; (B) THE PROVISION OF THE SERVICE OR ANY MATERIALS AVAILABLE THEREIN; OR (C) THE CONDUCT OF OTHER USERS OF THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE. YOUR ONLY REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE COMPANY’S LIABILITY TO YOU EXCEED $100.00 FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THESE TERMS OR YOUR USE OF THE SERVICE OR ANY CONTENT, EVEN IF SUCH AMOUNT SHOULD FAIL OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10. Security and Password
If/when we create user accounts, you are/will be solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
11. Participation in Promotions
This site may in the future offer advertising for third parties. It is Your right to participate in promotions of the advertisers that display their goods on the Site. All correspondence and any promotions in which You participate, including the delivery of payment for goods and services, and any other terms, conditions, warranties or representations associated with such negotiations or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
12. E-mail, Messaging, Blogging, and Chat Services
We may make blogging, or chat services (collectively, "Communications") available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
13. International Use
While this site is available worldwide, we make no warranties that materials herein are available for use outside the United States. Accessing them from nations where the contents are illegal is not allowed under any circumstances. If You choose to access the Site from other nation you do so on Your own initiative and are responsible for compliance with the laws of said nation. Any products or services offered and/or information you obtain as a result of use of the Site is void where prohibited, and We assume no responsibility for its’ use.
14. Termination of Use
If a termination or suspension of your account occurs, regardless of the action that resulted in said termination or suspension, your right to use this Site is terminated immediately, and You acknowledge and agree that it is within our rights to deactivate or delete your account and all information contained therein, along with any files stored within Your account, and/or bar any additional access to those files or the Site. We will not be liable to You or any other individual for claims or damages that result in Your termination or suspension or any other actions we are compelled to take as a result of such termination or suspension.
15. Governing Law
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH Pharmacy-near-me.com AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
16. Applicability of Arbitration Agreement
Any and all disputes, legal claims, or lawsuits between you, the User, and the Site that are not resolved informally must be resolved through binding arbitration under the terms set forth below (the "Arbitration Agreement"). In the event of any actual, alleged or threatened violation of confidentiality or violation of the other party’s intellectual property or other proprietary rights, the non-breaching party maintains the right to immediately resort to court proceedings in a court of competent jurisdiction as set forth below in order to receive equitable relief without posting of a bond, proof of damages or any other such requirement of law.
This Arbitration Agreement applies to You and Pharmacy-near-me.com , and to any subsidiaries, affiliates, agents, employees, , successors and assigns, as well as all authorized or unauthorized users or beneficiaries of Service provided herein.
Any proceeding of arbitration is to be administered by JAMS pursuant to the Arbitration Rules and Procedures, Streamlined edition, by an arbitrator who is to be chosen pursuant to the rules of JAMS. Any final award is to be deemed a final judgment between the parties and can be enforced through any legal means and in any court of competent jurisdiction. Each party is to pay an equivalent part of the costs of arbitration. The arbitration is to occur in a location within the United States federal judicial district identified below and will apply the substantive of that jurisdiction. Arbitration proceedings will not be consolidated or joined with any other proceeding and will not proceed as a class action under any circumstances. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS OR THROUGH A CLASS ACTION, BUT IT IS THEIR VOLUNTARY DECISION TO HAVE THEIR DISPUTES RESOLVED BY MEANS OF BINDING ARBITRATION.
The arbitrator’s final determination is to be considered binding and a final resolution of the dispute between the Parties. This Agreement to Arbitrate is made pursuant to interstate commerce transaction law and is to be governed by 9 U.S.C. Sections 1–16.
Notice to a Party must be in writing either via email or conventional mail. All notice to the Site are to be sent to Customer Service at "Contact Us" web page. Notice to You will be sent to the address You provide us during registration with the Site. Additionally, we are entitled to broadcast notices or messages through the site to advise you of any matters of importance. Such broadcasts are to be deemed notice to You upon sending.
The prevailing party of any action that results from a dispute covered herein will be entitled to all reasonable attorney’s fees and costs paid out as a result of such litigation. Any lawsuit brought by Y/ou against must be filed within one year of the event giving rise to such litigation or said right to litigation shall be deemed forever waived.
In addition to excuses provided by law, we will not be liable for delay in delivery of anything made available through our site, whether product or service, that arises from any act of God or other event we are unable to control, regardless of whether either party had the ability to foresee the applicable occurrence, including, but not limited to, strikes by labor, fire, war, weather, failure of transportation, an act of government or new law set down by government, nor any other occurrence of which we are unable to control, regardless of any similarity to those events outlined above.
Should We fail to enforce any part of the terms herein or rights related thereto does and will not constitute a waiver of said provisions.
From time to time, Pharmacy-near-me.com may allow you to submit user feedback and testimonials ("Testimonials") about your experience with the Site or with Doctors, Pharmacies, and various medicines you have first hand experiences with in order to advise other users about those experiences. Testimonials include feedback you submit, including but not limited to, the site and/or any mobile applications, email, survey or other communications you receive from Us. If you send in such a Testimonial, you agree the Site may use it, whether in its’ original form or an edited or partial version of the same, along with your user name and other personal information provided by You in any form we so choose, without limitation. This is inclusive of website publications, advertisements, and for any and all other uses allowed by law.
20. Messaging Services
Pharmacy-near-me.com may make available pricing information and coupons upon request. By requesting this information, you consent to contact regarding prescription related information. You acknowledge that this creates some risk that such communications could be viewed by third parties. Pharmacy-near-me.com offers no warranty for any information provided in these communications.
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.
22. Entire Agreement