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WEBSITE TERMS AND CONDITIONS OF USE
Effective Date: October 7, 2024
ACCEPTANCE OF TERMS:
Welcome to the website of Apotheco, LLC and its wholly-owned subsidiaries ( “Company,” “we,” or “us”). These Terms and Conditions of Use are entered into by and between you and us. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.apothecopharmacy.com, including any content, functionality, and services offered on or through www.apothecopharmacy.com (the “Website”).
PLEASE REVIEW THESE TERMS OF USE AND OUR WEBSITE PRIVACY POLICY CAREFULLY. By accessing this Website, you are agreeing to be bound by these Terms of Use and privacy policy. If you do not agree with these Terms of Use and the privacy policy, you are prohibited from using or accessing this Website.
Information About You and Your Visits to the Website:
All information we collect on this Website is subject to our Privacy Policy, which is available here and is incorporated by this reference into these Terms of Use. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
To access the Website or some of the resources it offers, you may be asked to provide certain personal information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide through the use of any interactive features on the Website, is governed by our Website Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
CHANGES TO TERMS OF USE:
Please read these Terms of Use regularly, as they may change at any time. By using this Website after a change in the terms, you agree to follow and be bound by the terms as changed. We may revise these Terms of Use at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms of Use.
ELIGIBILITY:
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us and that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
WEBSITE CONTENT DISCLAIMER AND CHANGES:
The information and content (collectively, “Content”) on this Website is for your general educational information only. The Content cannot, and is not intended to, replace the relationship that you have with your health care professionals. The Content on this Website should not be considered medical advice and is not intended as medical advice. If you are experiencing a true medical emergency, you should not rely on any of the Content on this Website and should seek appropriate emergency medical assistance, such as calling “911”. You should always talk to your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the Content on this Website represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. Health information changes quickly. Therefore, you should always confirm information with your health care professionals.
This Website is intended for a United States audience. If you live outside the U.S., you may see information on this Website about products or therapies that are not available or authorized in your country.
The Content may include information regarding therapeutic and generic alternatives for certain prescription drugs, and may describe uses for products or therapies that have not been approved by the Food and Drug Administration. This Content is for informational, cost-comparison purposes only. It is not medical advice and does not replace consultation with a doctor, pharmacist or other health care professional. Talk to your health care provider to determine if an alternative prescription drug is right for you.
We may change, add or remove some or all of the Content on this Website at any time. In addition, please note that although our goal is to provide accurate information however, the Content appearing on this Website could include technical, typographical, or photographic errors. We do not warrant that any of the Content on this Website is accurate, complete, or current. We do not make any commitment to update the Content on this Website. We will not be liable if for any reason all or any part of the Content or Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some Content or parts of the Website, or the entire Website.
Intellectual Property Rights:
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “Intellectual Property”) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, modify, reproduce, republish, post, transmit, sale, offer for sale or redistribute any Intellectual Property in any way without our prior written consent or the prior written consent of our licensors, as applicable. You must abide by all copyright notices, information, or restrictions contained in or attached to any of the Intellectual Property and you may not remove or alter any such notice, information or restriction. Your use of the Website and the Intellectual Property must at all times comply with these Terms of Use. Nothing in these Terms of Use, your relationship with the Company, or your use of the Website shall grant you any right to the Intellectual Property except the limited license to use the Website in accordance with these Terms of Use.
Certain of the names, logos, and other materials displayed on the Website may constitute trademarks, trade names, service marks, or logos (collectively, the “Marks”) of the Company or other parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other parties, as applicable.
USE LICENSE:
Subject to these Terms of Use, the Company grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the Content on the Website for the sole purpose of collecting information regarding our products and services. You may also print a reasonable number of copies of the Content for your personal use, but in such case you must reproduce all proprietary copyright and trademark notices. All rights, title and interest in and to the Website, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with the Company and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the Website, granting the foregoing licenses or entering into this Agreement.
In the event you choose to provide us with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policies) and nonproprietary. You hereby grant the Company a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.
We may terminate this license at any time for any reason. If you breach any of these Terms of Use, your license to the Content terminates immediately. Upon the termination of this license you must stop using this Website, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.
PROHIBITED USES:
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:
- Use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- Use spiders, robots, avatars, intelligent agents or other automated data mining techniques to extract, copy, download, store, reproduce, distribute or post content;
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
- Interfere with the Website or any other user’s use of the Website, including, without limitation, overloading, “flooding”, “mailbombing” or “crashing” the Website;
- Decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere in any way that affects the proper working of the Website or any user’s experience of the Website.
TERMINATION:
We may terminate the limited license to use the Website and Content granted to you under these Terms of Use, at any time, for any reason or no reason. The provisions of these Terms of Use will survive the expiration or earlier termination of the agreement pursuant to these Terms of Use for any reason. Our (and our licensors’) proprietary rights (including any and all intellectual property rights) in and to the Intellectual Property, the Marks and the Website will survive the expiration or earlier termination of the agreement pursuant to these Terms of Use for any reason.
Without limiting any rights that the Company may otherwise have, the Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Website.
We reserve the right to discontinue the Website with or without notice to you. We will not be liable to you or any third party should we exercise our right to change or discontinue the Website.
Any termination or discontinuance of the Website shall be subject to compliance with any notice or waiting period provided by applicable law.
DISCLAIMER:
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. WE MAKE NO REPRESENATONS OR WARRANTIES THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE MAKE NO WARRANTY, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.
LIMITATION OF LIABILITY:
YOU AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OWNERS, OR DIRECTORS (COLLECTIVELY, “WEBSITE-RELATED-PARTIES”) BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. TO THE FULLEST EXTENT PROVIDED BY LAW IN NO EVENT SHALL THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR CONTENT ARE EXCLUDED EVEN IF THE WEBSITE-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR USE THIS WEBSITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION:
You agree to defend, indemnify and hold harmless the Company, its affiliates, or their licensors, service providers, employees, agents, officers, owners, or directors from and against any and all claims, damages, liabilities, judgements, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website or your violation of any of these Terms of Use.
THIRD PARTY LINKS:
While visiting this Website you may click on a link to other websites and leave this Website. We provide links to other websites that may contain information that may be useful or interesting to you. We do not endorse, and are not responsible for, the content and accuracy of linked websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policies on such third-party websites. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
COPYRIGHT INFRINGEMENT – DMCA NOTICE:
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials appearing on this Website, infringe your copyright rights, you or your agent may send us a written notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
FORCE MAJEURE:
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
GOVERNING LAW:
Any claim relating to this Website shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within State of New Jersey and waive any jurisdictional, venue, or inconvenient forum objections to such courts. You agree that you will pursue any claim arising under or related to these Terms of Use and the Website only in your individual capacity, and not as part of any class action or collective action.
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New Jersey law.
Waiver and Severability:
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement:
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
ASSIGNMENT:
If Company or its assets are acquired by another company, or in the event of a merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, either entity may transfer, sell or assign to third parties rights related to your relationship with the Company, including, without limitation, any personal information that you provide or that has been provided on your behalf to the Company. Such third parties will assume (a) responsibility for your relationship with the Company, (b) information collected by the Company in connection with Company’s business operations or through the Website, and (c) the rights and obligations regarding such information as described in these Terms of Use. These Terms of Service shall be binding upon and inure to the benefit of both Company’s successors or assigns.
These Terms of Use are not assignable, transferable or sub-licensable by you except with our prior written consent.
Your Comments and Concerns
This website is operated by Apotheco, LLC, 788 Morris Tpk., Ste 300, Short Hills, NJ 07078.
If you believe that any other person using this Website has violated any terms in these Terms of Use, please notify us immediately, specifically identifying the conduct or materials at issue. You may contact us by emailing us at internet@apothecopharmacy.com.
All other feedback, questions, comments, requests for technical support, and other communications relating to the Website should be directed to: internet@apothecopharmacy.com.