Acceptance of Terms
Types of Users
Any person accessing the Website or other Services provided by PharmAvail through this Website, either manually or via an automated device, handheld device, application or program, to the extent permitted hereunder, shall be considered a “User.” All Users are bound by the terms of this User Agreement. All Users must be at least 13 years of age, and if the User is under 18 years of age, a parent or legal guardian must accept this User Agreement on behalf of the User.
Acceptable and Lawful Use; No Endorsement of Content
Users shall comply with all appropriate laws, statutes, and regulations regarding the use of this Website. PharmAvail makes no representations or endorsements regarding the quality, accuracy, and reliability of information posted on the Website.
Protecting Your Information
You should keep any correspondence you receive relating to the Website and Services (including, but not limited to, your user ID, passwords, other registration information, e-mails, order information, or any other information, hereinafter referred to as “Services” ) confidential and in a safe place. If other people have access to your computer, handheld device, user ID or password, or other personal information, they may be able to access information you have obtained from the Website and Services. PharmAvail is not responsible for the security of privacy of any such information under these circumstances. You agree to notify PharmAvail at firstname.lastname@example.org if you learn of or suspect any loss or unauthorized use of your login information (user ID or password). PharmAvail is also not responsible for the security of your internet access Services provider and you should review their security and privacy policies carefully.
Users agree to use the dispute resolution procedures set forth herein with respect to any controversy or claim arising out of or relating to this User Agreement or its breach. Any dispute between you and PharmAvail arising out of or in connection with this User Agreement shall be settled by a binding arbitration in Fresno, California, in accordance with the then-current rules and procedures of Judicial Arbitration and Mediation Services, Inc. (JAMS). The arbitrator shall apply the law in accordance with the laws of the State of California. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You agree that, any provision of law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. Any disputes between you and other users of this Website are not the responsibility of PharmAvail.
Governing Law; Attorneys’ Fees
Although this Website may be accessed by any User worldwide, the Website and Services are intended only for use by United States residents, are presented solely as a service to visitors and subscribers located in the United States of America (“U.S.”) and its territories, and therefore may not comply with legal requirements of foreign countries. Users residing outside of the U.S. and its territories who access and use this Website do so at their own risk and are responsible for complying with any of their foreign country’s laws. This User Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules and matters affecting copyrights, trademarks, and patents under U.S. federal law. In any action to enforce this User Agreement, the expenses of the arbitration, including reasonable attorney’s fees, will be paid for by the party against whom the award of the arbitrator is rendered.
The Website and Services contain copyrighted works, trademarks and other proprietary material owned by PharmAvail or our information providers. If no restrictions are displayed, you may print, download, or make copies of materials, including this User Agreement, from the Website and Services for your own personal and non-commercial use only. Except as just provided, you may not copy, reproduce, publish, post, transmit, display, store, sell, sublicense, transfer or distribute material or images, or reverse engineer, decompile, disassemble, modify or create derivative works from the Website and Services without prior express written permission from an PharmAvail employee who has the authority to grant such permission. In addition, you may not modify, alter, revise, paraphrase, omit, change, create derivative works, or modify or obliterate any copyright notice or other warning on any material or images from the Website or Services without prior express written permission from an PharmAvail employee who has the authority to grant such permission. Any rights not expressly granted by this User Agreement or any applicable end-user license agreements are reserved by PharmAvail.
Disclaimer of Warranties
PHARMAVAIL PROVIDES ACCESS TO THIS WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PHARMAVAIL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, WEBSITE-RELATED SERVICES OR INFORMATION, AND HYPERLINKED WEBSITES. SERVICES AND INFORMATION PROVIDED BY HYPERLINKED WEBSITES OR THIRD PARTIES MAY BE SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS OF THOSE PROVIDERS. PHARMAVAIL MAKES NO WARRANTY THAT THE WEBSITE OR SERVICE WILL MEET USER REQUIREMENTS, OR THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES PHARMAVAIL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR SERVICE OR THAT ANY DEFECTS WILL BE CORRECTED. PHARMAVAIL MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED THROUGH THE WEBSITE OR THROUGH HYPERLINKED WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM PHARMAVAIL SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Other Limitations of Liability
PHARMAVAIL CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF THE WEBSITE AND SERVICES. BY ACCESSING THE WEBSITE AND SERVICES, YOU AGREE TO HOLD HARMLESS AND WAIVE ALL CLAIMS AGAINST PHARMAVAIL AND OUR RELATED PARTIES REGARDING THE INFORMATION PROVIDED AND YOUR USE OF IT. IN ADDITION, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL PHARMAVAIL OR OUR RELATED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES – EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES – OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF OUR NEGLIGENCE OR WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR CLAIM RELATED TO THE WEBSITE AND SERVICES IS YOUR STOPPING YOUR USE OF THE WEBSITE AND SERVICES. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF PHARMAVAIL AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
PharmAvail will notify you of any claim made by a third party for liability or expense arising from your use of the Website and Services, in whole or in part, directly or indirectly. You in turn agree to indemnify, defend, and hold harmless PharmAvail and its affiliates, respective officers, directors, employees, contractors, agents, and other related parties for any such claim, including reasonable attorneys’ fees. This section shall survive termination of the User Agreement.
Medical and Other Advice
The information provided by PharmAvail is not intended as medical or other professional advice. All information on the Website and Services is for User’s educational and informational purposes only. This information is not intended as a substitute for consultation with User’s doctor or other licensed medical professional and should NOT be used to diagnose or treat a health problem. User should consult with User’s doctor to assist in evaluating the appropriateness of any information provided by the Website and Services. User should never disregard, avoid or delay obtaining medical advice from a licensed professional because of something in the Website or Services. In no event will PharmAvail be responsible for any decision made or action taken in reliance on the information contained in the Website and Services.
User’s Use of the Website and Services