The parties agree as follows:
2. THE WEBSITE IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL ADVICE
The text, graphics, images, software applications, information and other material contained on the Website (“Content“) are for informational purposes only. The Content is not intended to replace or be a substitute for professional medical advice, diagnosis, or treatment. It is your sole responsibility to check product information, including drug packets inserts, regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any drug or supplement discussed on the Website. Always seek the advice of your physician, pharmacist, or other qualified health provider with any questions you may have regarding a medical condition, before staring any new medication or treatment or the proper use of pharmaceutical products. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.
3. The Prescription Center Does Not Endorse or Recommend any Specific Products or Services
The Prescription Center partners with various companies and may provide coupons, discounts and other Content to users of the Website. References to, or descriptions or images of, products or services (or related coupons and discounts) on the Website are not endorsements of such products or services and such products or services may be available by third parties.
4. The Prescription Center is Not Responsible for Third-Party Content
The Website may contain links to third-party web sites. The Prescription Center is not responsible for the content of linked third-party sites, sites framed within the Website, third-party sites provided as search results, or third-party advertisements, and does not make any representations or warranties regarding the content or accuracy of any such content. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
5. The Prescription Center May Update or Otherwise Revise These Terms at Any Time
We reserve the right to change or otherwise modify these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued access or use of the Website after receiving notice of any the update, modification or other change to these Terms signifies your acceptance thereof.
6. You Must Meet Certain Conditions to Use the Website
As a condition of your use of the Website, you warrant that you:
- are at least 18 years of age; and
- reside in the United States of America.
If you do not meet all of the following, you must immediately discontinue your use and access of the Website.
7. You are Prohibited from Using the Website for Certain Purposes
- 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).
- For the purpose of exploiting, harming, threatening, harassing or defaming any person, or attempting to do any of the foregoing.
- In any manner that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real time activities through the Website.
Additionally, you agree not to, and you must not:
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of 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.
- “Frame,” “mirror” or otherwise incorporate any part of this Website into any other website.
- Otherwise attempt to interfere with the proper working of the Website.
In addition to any rights we may have or remedies we may pursue, we may deny your access to and use of the Website if we believe you have engaged in any activity prohibited under this Section.
IF YOU HAVE AGREED THAT WE CAN SEND YOU MESSAGES CONTAINING ADVERTISEMENTS OR OFFERS FOR GOODS AND SERVICES, WE MAY DO SO FROM TIME TO TIME AND MAY SEND SUCH OFFERS BY VOICE OR SMS (OR TEXT) MESSAGE TO THE MOBILE PHONE NUMBER YOU DESIGNATE FOR SUCH PURPOSE. Message and data rates for such SMS messages may apply. Your consent to receipt of such messages is not, and will not be, a condition to any purchase. If at any time you change your mind regarding your consent to such messages, you must contact us in accordance with these Terms..
9. Intellectual Property Rights
The content and information on the Website is proprietary to The Prescription Center. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, transmit, store, download, sell, or re-sell any information, software, products, materials or services obtained from or through the Website, except you may take such actions:
No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by The Prescription Center
10. Limitations of Liability of The Prescription Center
You understand and agree that neither The Prescription Center nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of the Website or the information resources contained or accessible through the Website. The access to and use of the Website and the Content is solely at your own risk. When using the Website, information will be transmitted over a medium that may be beyond the control of our Website and its suppliers. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of The Website.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The Prescription Center, ITS SUPPLIERS OR VENDORS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS OR PARTNERS (COLLECTIVELY, “THE PRESCRIPTION CENTER”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, ANY DEFECTS IN THE CONTENT, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY LIABILITY ON THE PART OF THE Prescription Center, IN THE AGGREGATE, SHALL NOT EXCEED U.S. $1,000. AND SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY USE OR MISUSE OF THE WEBSITE, CONTENT, OR SERVICES. Any claims arising in connection with your use of the Website, any Content, or services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
You acknowledge and agree that the limitations set forth above are fundamental elements of these Terms and the Website would not be provided to you absent such limitations.
12. Disclaimer of Warranty
The Website and the content are provided on an “as is” basis. The Prescription Center, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, The Prescription Center, makes no representations or warranties about the following:
- The accuracy, reliability, completeness, currency, or timeliness of the Content, products, software, functionality, text, graphics, links, or communications provided on or through the use of the Website including the substance, accuracy, or sufficiency of any service or product information listed on the Website.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Website.
- That the Website will operate without interruption or error.
13. How to Contact Us
For questions or comments regarding these Terms, please contact us at The Prescription Center 125 N Maine Street Concord NH 03301 (603)224-9591.
14. Governing Law and Venue
THESE TERMS AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW HAMPSHIRE, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of these Terms by its express terms. The invalidity or unenforceability of any provision of these Terms shall not affect the validity of these Terms as a whole and any such provision should be enforced by authorities and reconstructed, if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. The section headings used herein are for convenience only and shall not be given any legal import.