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Terms of Use

IMPORTANT: BY USING WEBSITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT USE WEBSITE.

NO WARRANTY.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS WEBSITE AND ANY USE OF PRODUCTS OR SERVICES PURCHASED THROUGH THIS WEBSITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE, AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND; COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO USE OF THIS WEBSITE AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS WEBSITE EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT YOUR USE OF WEBSITE WILL BE WITHOUT INTERFERANCE WITH YOUR ENJOYMENT, THAT THE FUNCTIONS OF THIS WEBSITE WILL BE UNINTERRUPTED, FREE FROM ERROR, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION PROVIDED BY COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL BE CONSTRUED AS CREATING ANY WARRANTY OF ANY KIND. IN THE EVENT THIS WEBSITE AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS CONTAIN ANY DEFECT OF ANY KIND, YOU ARE AGREEING TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Liability Limitation. TO THE FULLEST EXTENT ALLOWABLE BY LAW, COMPANY’S LIABILITY TO YOU FOR DAMAGES RELATED TO THE USE OF WEBSITE OR RELATED TO ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS WEBSITE SHALL BE LIMITED TO THE AMOUNT PAID TO COMPANY BY YOU FOR THE COST OF ITEMS DIRECTLY RELATED TO ANY DISPUTE. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT ALLOWABLE BY LAW COMPANY SHALL NOT  BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES, LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY THIS WEBSITE OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THIS LIABILITY LIMITATION IS UNENFORCABLE FOR ANY REASON, THIS PROVISION SHALL BE AMENDED IN A MANNER WHICH BESTOWS THE GREATEST PROTECTION TO COMOPANY ALLOWABLE BY LAW. THE PARTIES EXPRESSLY AGREE AND ACKNOWLAGE THAT THE PURPOSE OF THIS LIABILITY LIMITATION IS TO SET IN ADVANCE THE RISKS BORNE BY EACH PARTY.

Indemnification. YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY AND ITS AFFILIATED ENTITIES AND ALL OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, SHAREHOLDERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDUNG, DAMAGES, INJURUES, LIABILITIES, LOSSES, COSTS, AND EXPENSES RELATING TO OR ARRISING FROM ANY BREACH OF THIS AGREEMENT BY YOU.

Intellectual Property. You expressly acknowledge and agree this website contains information protected by copyrights, trademarks, trade secrets, and other proprietary interests. Except as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way information protected by copyright, trademark, and other proprietary interest, without obtaining permission of the owner of the copyright or other property right.

Prices. The price for an item listed on this website may be different from the price shown in your shopping cart, and it is possible a price increase or decrease may occur from the time an item is placed in your shopping cart and the time a purchase is made. You further acknowledge pricing and /or typographical mistakes may occur on occasion. In the event an item appears with an incorrect price, inaccurate product information, or inaccurate supplemental information Company reserves the right to cancel any transactions related to the item. Prices and availability are subject to change without notice.

Quantity. Company reserves the right to limit the number of items which you or your household may purchase through this Website. Quantity restrictions may be applied to orders using the same billing information or shipping address.

Risk of Loss. The risk of loss and title for all items purchased or otherwise obtained through the use of this Website pass to you upon Company’s delivery of the item to the carrier.

Age of user. You expressly acknowledge Company’s products and services are marketed for and directed towards purchase by adults or with the consent of adults. Persons under the age of eighteen (18) are not permitted to use this website without the supervision of a parent or legal guardian.

Health Care Conviction. By using Website you are certifying you have not been convicted, indicted, or investigated in connection with any criminal or civil proceeding involving a felony or misdemeanor, related to the delivery of goods or services to a federal or state health care program. Additionally, by using Website you are certifying you have not been convicted of a felony, under federal or state law, related to the unlawful manufacture, distribution, prescription, or dispensation of a controlled substance.

Use of Data. You agree Company may collect and use technical data and other information related to your use of Website, your device, system and application software, and peripherals, and that such information may be gathered on an as needed basis to facilitate the provision of software updates, product support, services support, or for other purposes related to business activity of Company. Company may use such information to carry out any business activity which is allowable by law.

Entire Agreement.  This Agreement constitutes the entire agreement of the parties hereto pertaining to the subject matter hereof and supersedes all other prior agreements and understandings of the parties in connection therewith. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by or on behalf of each party hereto or as otherwise set forth in this Agreement.

Force Majeure.  Neither party shall be deemed to have breached this Agreement if its delay or its failure to perform all or any part of its obligation here under, including but not limited to services related to the practice of pharmacy, result from flood, earthquake, fire, or other acts of God, or war, strikes, slowdowns, labor unrest, riot, civil commotion, the public enemy, power failure, computer processing or data transmission delays or difficulties, delays or difficulties in obtaining supplies, materials, or in the performance of services provided by others, or other circumstances beyond its reasonable control, or by reason of a judgment, ruling, or order of any court, agency, or competent jurisdiction, or change of law or regulation occurring subsequent to assent to this Agreement.

Headings.  The headings, captions and sections contained in this Agreement are inserted for convenience only and shall not be used to interpret or construe any provisions of this Agreement.

Third Party Rights.  There is no intent by either party to create or establish a third-part beneficiary status or rights to any party.

Remedies Cumulative.  No remedy herein conferred is exclusive of any other available remedy; but each and every such remedy is cumulative and is in addition to every other remedy given by this Agreement or now or hereafter existing at law, in equity or by statute.

Waiver.  The parties will not be deemed to have waived any rights under the Agreement unless the waiver is made in writing and signed by a duly authorized representative.  A party’s failure to exercise any right or remedy under the Agreement shall not operate as a waiver of a right or remedy.  A waiver by a party of a provision of the Agreement or warranty or representation set forth herein will not constitute a waiver of the breached provision, warranty or representation or any other provision, warranty or representation.

Change in Law.  In the event of any change in federal, state or local laws, rules or regulations, including any judicial or administrative interpretation thereof, which materially alters the rights, duties, obligations or cost of performance of either party under this Agreement, this Agreement shall be modified to retain the intent of the stricken provision and in the light most favorable to Company.

Governing Law; Forum Selection.  Disputes shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to that body of laws pertaining to conflict of laws.  Disputes arising out of the relationship between the parties shall be brought in the County of Polk, State of Florida, both parties consent to the jurisdiction of tribunals located in County of Polk, State of Florida, and waive all objections to venue and jurisdiction within the forum.

Arbitration.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY CLAIM OR DISPUTE ARISING OUT OF THIS AGREEMENT OR ANY OTHER SERVICE PROVIDED TO YOU BY COMPANY MAY AT COMPANY’S SOLE DISCRETION BE RESOLVED THROUGH ARBITRATION, IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The American Arbitration Association Rules then in effect shall be used in any arbitration proceeding and a single arbitrator shall be appointed by the parties. In the event that a party initiates action to enforce its rights, the party prevailing on the dispute shall recover from the non-prevailing party its expenses, court costs, arbitration costs, including taxed and untaxed costs, and reasonable attorney’s fees.  All related expenses shall bear interest at a reasonable rate from the date the party prevailing on the dispute incurs the expense. Notwithstanding the foregoing, neither party shall be forced to assume expenses, court costs, arbitration costs, including taxed and untaxed costs, and reasonable attorney’s fees in an amount which would prevent either party from seeking resolution to a claim or dispute. 

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