THIS NOTICE DESCRIBES THE TERMS OF SERVICE FOR ACCESSING WWW.DRUGMARTPHARMACY.COM. PLEASE READ IT CAREFULLY.
Please read these Terms of Service (“Terms”) carefully before using the https://www.drugmartpharmacy.com website, operated by Drug Mart Pharmacy. (“Drug Mart,” “us,” “we,” or “our”), or the online services we provide (this website and those online services, including all underlying technology, together, the “Service”). These Terms govern your access to and use of the Service. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree (“you”) that you have read and understand these Terms and our Privacy Notice. If you disagree with any part of the Terms or our Privacy Notice, then you do not have permission to access or use the Service.
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Service and, by accessing or using the Service after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Service or otherwise communicated to you.
Privacy Notice
We may collect certain information about you and from your access to and use of the Service as described in our Privacy Notice, which is incorporated into these Terms and describes our information collection, use, and sharing practices.
License
Provided you comply with these Terms, Drug Mart grants you a limited, nonexclusive, revocable, nonassignable, nontransferable, nonsublicensable license to access and use the Service solely for your own personal noncommercial purposes. These Terms begin upon your creation of a Service account and will continue in effect until termination in accordance with these Terms.
Intellectual Property
The Service, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content are and will remain the exclusive property of Drug Mart or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Drug Mart. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Drug Mart or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Service may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly described in these Terms, no licenses or other rights, express or implied, are granted by Drug Mart to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Drug Mart.
Copyright © 2020 Drug Mart Pharmacy. All rights reserved.
Compliance with Laws
In connection with your access to and use of the Service, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.
You are responsible for complying with all applicable federal, state, and local laws in purchasing products, including compliance with the requirements of Prop 65 in California. Please review all labels and warnings prior to using or consuming any product. The information and content provided is for informational purposes only and is not meant to provide you with medical advice. Information and statements regarding dietary and other health care supplements have not been evaluated by the Food and Drug Administration. The information, statements and dietary supplements are not intended to diagnose, treat, cure, or prevent any disease.
Restrictions on Your Use of the Service
• You may download and print one copy of the Service’s visible content for your own personal noncommercial use as long as you do not modify or delete any copyright, trademark, or other proprietary notices.
• You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Service or any part of the Service without Drug Mart’s prior written consent.
• You will not use the Service for unlawful purposes.
• You warrant that all information you provide to us in connection with your access to and use of the Service is true, accurate, and complete to the best of your knowledge and belief.
• You will not submit inaccurate, incomplete, or out-of-date information via the Service, commit fraud or falsify information in connection with your use of the Service, or act maliciously against the business interests or reputation of Drug Mart.
• You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Service for purposes of creating or compiling that content for any purpose.
• You will not access, use, or copy any portion of the Service, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
• You will not use the Service to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Service or any computers, hardware, software, system, data, or networks.
• You will not engage in activities that aim to render the Service or associated services inoperable or to make their use more difficult.
• You will not register for the Service nor will you use the Service if you are located out of the United States.
We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion, without notice or liability to you.
Purchases; Payment Information
If you wish to purchase any product or service made available through the Service (“Purchase(s)”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Information about our collection and use of payment-related information is described in our Privacy Notice. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Refunds, if available, are solely the responsibility of Drug Mart and are at Drug Mart’s sole discretion.
You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase. The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Notice.
Accounts
You will be required to set up an online Drug Mart account to use certain features of the Service. When you create an account with us, you will be required to submit certain information and will be required to establish a username and password, and you warrant that you are above the age of 18.
You are responsible for maintaining the confidentiality of any information you use in connection with the Service, including your username and password. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You will not transfer your Drug Mart account to or share your Drug Mart account with any other person. Your Drug Mart account is personal to you.
Account Suspension, Deactivation, & Termination
Drug Mart may, for any reason, at any time, and in its sole discretion, suspend, deactivate, or terminate your account or your use of the Service, or terminate these Terms, without notice or liability, including: if you breach these Terms; upon any unauthorized use of your username, password, or Drug Mart account; if you act in an abusive manner; or if you act in a manner inconsistent with local, state, or federal laws or regulations.. If we suspend, deactivate, or terminate your account, you may not create another account without our prior written permission. You may terminate your account at any time by contacting us.
Product & Service Availability
The prices and availability of products and services made available on the Service may change at any time without notice to you. Prices remain valid while they are listed and offered on the Service. Prices will be as posted on the Service as of the date and time of your order, as applicable. Availability of products and services may be limited and products may not be available for immediate delivery. Some products and services may not be available in certain areas.
No Warranty
The Service is provided “as is,” “as available,” and without any warranty of any kind. Neither Drug Mart nor its affiliates, suppliers, or licensors are responsible for providing maintenance or support services for the Service. Drug Mart makes commercially reasonable efforts to ensure that all material, data, and other information on the Service is accurate and reliable, but neither accuracy nor reliability can be guaranteed. Drug Mart does not warrant or guarantee the quality, completeness, timeliness, or availability of the Service. Drug Mart does not warrant or guarantee that the Service will be uninterrupted or error-free, that any defects in the Service will be corrected, or that the Service or the servers that make the Service available are free of viruses or other harmful conditions or components. Drug Mart is not responsible for any typographical errors on the Service.
To the extent that information collected through the Service is protected health information, as that term is defined under the health insurance portability and accountability act of 1996 and any regulations promulgated thereunder (“HIPAA”), the information is governed by Drug Mart’s notice of privacy practices, which is available on our Service. We will only access, use, or disclose protected health information as permitted by applicable federal and state laws, including HIPAA.
To the maximum extent permitted by applicable law, Drug Mart expressly disclaims all warranties of any kind with respect to the Service, including without limitation those regarding availability, quality, accuracy, merchantability, fitness for any use or purpose, compatibility with any standards or user requirements, title, noninfringement, and any arising from a course of dealing or usage in trade. Drug Mart has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication.
We make no representation that the Service is appropriate or available for use in locations other than the united states. If you choose to access or use the Service from locations other than the united states, you do so at your own risk and you are responsible for complying with applicable laws and regulations.
Your use of the Service is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any information from the Service, and any other damage that may be incurred.
No advice or information, oral or written, obtained by you from Drug Mart or in any manner from the Service creates any warranty.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Drug Mart, its affiliates, or its or their respective directors, officers, owners, employees, contractors, representatives, consultants, agents, suppliers, or licensors (together, “Drug Mart parties”) be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with the Service or your access to or use of, or inability to access or use, the Service (including without limitation the input of personal and other information into the Service), whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if a Drug Mart party has express knowledge of the possibility of the loss or damage.
Your sole and exclusive remedy is to stop accessing and using the Service. Without limiting the foregoing, in no event will Drug Mart parties’ liability to you exceed $100, even if this remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.
Imdenification
You will indemnify, defend, and hold harmless Drug Mart Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Service, your misuse of any material, data, or other information downloaded or otherwise obtained from the Service, your order of products and services through the Service, or your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
Links to Third-Party Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Drug Mart Pharmacy. Drug Mart has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Drug Mart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Governing Law
These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.
Disputes
Any dispute or claim relating in any way to your use of any Drug Mart Service, or to any products or services sold or distributed by Drug Mart or through drugmartpharmacy.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. Any dispute, controversy or claim arising out of or relating in any way to these Terms, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach the Terms, shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Drug Mart Pharmacy, 1249 W. 7th Street, South Plainfield, NJ 07080. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. Drug Mart will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location.
General
Drug Mart welcomes comments regarding the Service. If you submit comments or feedback to us regarding the Service, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. These Terms inure to the benefit of Drug Mart’s successors and assigns. You may not assign your rights or delegate your duties under these Terms without our prior written consent.
These Terms, including our Privacy Notice, constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by Drug Mart. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Service.
Drug Mart will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond Drug Mart’s control, including without limitation acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, other extraordinary elements of nature, telecommunications failures, internet failures, and similar causes and events.
These Terms and any other documentation, agreements, notices, or communications between you and Drug Mart may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
Contact Us
If you have any questions about these Terms or the Service, please contact Drug Mart at:
Drug Mart Pharmacy
1249 W. 7th Street
South Plainfield, New Jersey 07080-1732
Email Address: info@drugmartpharmacy.com
Telephone number: 1 (800) 877-0337
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