Last updated September 14, 2017
COPYRIGHT AND TRADEMARK INFORMATION
Copyright ©2017 Direct Pharms™, 244 2nd Ave North, Saint Petersburg, Florida 33701. All rights reserved. We or our content providers own all of the content on our web site and our mobile applications (collectively the “Services”), including text, customized graphics, photographs, music, data, images, audio and video clips and software. This property is protected by U.S. and international copyright laws. In addition, the manner in which we have compiled, arranged and assembled our content is protected by worldwide copyright laws and treaty provisions.
Hypertext linking to these Services is permitted. However, Direct Pharms LLC reserves the right to disable any link to any site Direct Pharms LLC believes contains scandalous, offensive, obscene, scurrilous or inappropriate content or that, in the sole opinion of Direct Pharms LLC, adversely affects the goodwill of Direct Pharms™ or any trademark or service mark of Direct Pharms LLC or its subsidiaries. Direct Pharms LLC expressly reserves all available legal rights and remedies for any cause predicated on hypertext linking to these Services from any other site. “Framing” or any other use of these Services that serves to affect the identity of these Services or the source of the content of these Services is prohibited.
You may use the content on our Services only for your own personal, non-commercial shopping and information purposes. We hereby grant you permission to share information about our services by copying, publishing, broadcasting, distribution or transmission selected portions of our content and in turn you agree to provide full acknowledgment and attribution of credit to Direct Pharms™. However you cannot alter or modify the content in any manner. You also may not delete or change any copyright or trademark notices. Direct Pharms™ reserves title and full intellectual property rights for materials downloaded or otherwise received from these Services.
Direct Pharms™, Personal Pharmacy Kit™, as well as other names, button icons, text, graphics, logos, images, designs, titles, words or phrases, audio clips, page headers and service names used are the trademarks, service marks, trade names or other protected intellectual property of Direct Pharms LLC or its subsidiaries. They may not be used in connection with any third party products or services unless Direct Pharms LLC gives prior permission in writing. All other brands and names are the property of their owners.
Direct Pharms LLC may license its intellectual property including under published United States patents and pending patents.
LINKS FROM OR TO THIRD PARTY WEBSITES
Links from or to websites outside the DirectPharms.com™ are meant for convenience only. Direct Pharms LLC does not review, endorse, approve or control, and is not responsible for any websites linked from or to DirectPharms.com™, the content of those websites, the third parties named therein, or their products or services. Linking to any other website is at your sole risk and Direct Pharms LLC will not be responsible or liable for any damages in connection therewith. Direct Pharms LLC disclaims all warranties, express and/or implied as to the accuracy, validity and legality of any materials or information found on those websites. Links to downloadable software sites are for convenience only and Direct Pharms LLC is not responsible or liable for any difficulties or consequences associated with downloading such software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
INFORMATION YOU PROVIDE DIRECTPHARMS.COM™
Minor children are not eligible to use DirectPharms.com™ and we ask that they do not submit any personal information to us.
Direct Pharms™ makes every effort to provide accurate information about products and their pricing on the Services. However, pricing and/or typographical mistakes may, on rare occasions, appear on these Services or DirectPharms.com™. For this reason, Direct Pharms™ cannot guarantee the price of an item until after you have ordered it. In the event an item appears with an incorrect price or with inaccurate product information, Direct Pharms™ reserves the right to cancel any orders for the item. If an order you placed is cancelled due to mispricing, Direct Pharms™ will notify you of the cancellation. Prices and availability are subject to change without notice.
A substitute will only be made in the event an item is out of stock and the identical brand and product is available in a form that is of equal or greater value, e.g. larger quantity, updated product packaging, etc. A product substitution will occur at no extra cost.
By placing, modifying and/or cancelling any auto-reorder, you expressly and affirmatively consent and agree to terms and conditions of the auto-reorder program described herein. These terms and conditions are subject to change.
We reserve the right to cancel any order, in whole or in part, for any reason. Such reasons may include, but are not limited to, product availability, price discrepancy, or pricing error. Otherwise, your auto-reorders will continue until you cancel or change them. The payment method you use for your initial order will be used again for your auto-reorders, unless you stop your auto-reorders or update your payment information. For your Initial Order, you will be charged the price displayed during checkout. For auto-reorders, you will be charged either (1) the sale price in effect at the time the order is processed, or (2) the current price; whichever is better. Applicable promo codes will be applied to your Initial Order only.
Each auto-reorder shipment has a deadline for cancellation or changes. Please contact Direct Pharms™ for information and assistance regarding deadlines. Any changes you make before the deadline will apply to the next scheduled reorder. Changes after the deadline will not affect reorders already in progress, but will apply to future reorders.
You can contact us any time regarding your order. Simply visit our customer service page at https://directpharms.com/contact-us/.
WE PROVIDE CONTENT ON THESE SERVICES AS A SERVICE TO YOU, OUR CUSTOMER. OUR SERVICE CANNOT, AND DO NOT, CONTAIN INFORMATION ABOUT ALL MEDICAL CONDITIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES. THE CONTENT IS NOT INTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH YOUR PHYSICIAN. THE CONTENT OF THESE SERVICES, THE SERVERS THAT MAKES THEM AVAILABLE, AND THE SERVICES AND PRODUCTS WE PROVIDE THROUGH OUR SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. DIRECT PHARMS™ EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED OR DELAYED COMPUTER TRANSMISSIONS AND/OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES.
TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, DIRECT PHARMS LLC, DIRECTPHARMS.COM™, THEIR MEDICAL ADVISORS, SUPPLIERS, CONSULTANTS, DIRECTORS AND EMPLOYEES (COLLECTIVELY THROUGHOUT, “DIRECT PHARMS”) DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES, INFORMATION AND/OR PRODUCTS CONTAINED ON THESE SERVICES, OR LINKED HERETO (COLLECTIVELY THROUGHOUT, “CONTENT”), EXPRESS, IMPLIED OR STATUTORY. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIRECT PHARMS™ DOES NOT WARRANT CONTENT TO BE ACCURATE, COMPLETE OR CURRENT. DIRECT PHARMS™ DOES NOT WARRANT THAT ITS SERVICES WILL OPERATE WITHOUT ERROR, THAT DEFECTS WILL BE CORRECTED OR THAT THESE SERVICES OR THE SERVERS MAKING THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRICE AND AVAILABILITY CONTENT, AS WELL AS OTHER CONTENT CONTAINED IN THE SERVICES OR ACCESSIBLE THEREFROM, IS SUBJECT TO CHANGE WITHOUT NOTICE.
THESE SERVICES INCLUDE CONTENT PROVIDED BY THIRD PARTIES AND YOU, OUR CUSTOMER. DIRECT PHARMS™ IS A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER. DIRECT PHARMS™ EDITORIAL CONTROL OF SUCH CONTENT IS THE SAME AS THAT OF A PUBLIC LIBRARY OR NEWSSTAND. OUR THIRD PARTY SUPPLIERS MAY EXPRESS CERTAIN OPINIONS OR PROVIDE CERTAIN INFORMATION AND OFFERS. DIRECT PHARMS™ MAKES NO WARRANTIES AS TO THE COMPLETENESS, ACCURACY, TIMELINESS, OR RELIABILITY OF INFORMATION OR OFFERS SUPPLIED BY THIRD PARTIES AND PUBLISHED BY DIRECT PHARMS™. DIRECT PHARMS™ DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY’S CONFORMANCE TO ANY LAW, RULE, REGULATION OR POLICY.
DIRECT PHARMS™ DOES NOT WARRANT THAT INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THESE SERVICES WILL SATISFY YOUR REQUIREMENTS OR THAT THEY ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY DIRECT PHARMS™. THESE SERVICES ARE OPERATED IN THE STATE OF FLORIDA, UNITED STATES OF AMERICA AND DIRECT PHARMS™ MAKES NO WARRANTY OR REPRESENTATION THAT CONTENT IS APPLICABLE OR APPROPRIATE FOR USE IN OTHER LOCATIONS.
DIRECT PHARMS™ RESERVES THE RIGHT TO LIMIT QUANTITIES ON ALL ITEMS.
BY YOUR USE OF THESE SERVICES, YOU ACKNOWLEDGE THAT SUCH USE IS AT YOUR SOLE RISK, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH THESE SERVICES UNLESS OTHERWISE EXPLICITLY STATED.
AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR SERVICES AND USE OF THE CONTENT, YOU AGREE THAT DIRECT PHARMS™ IS NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NONACTIONS IN RELIANCE UPON THE CONTENT. YOU ALSO AGREE THAT THE AGGREGATE LIABILITY OF DIRECT PHARMS™ ARISING FROM OR RELATED TO YOUR USE AND ACCESS, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS), IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM DIRECT PHARMS™ IN THE APPLICABLE TRANSACTION. DIRECT PHARMS™ SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF DIRECT PHARMS™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR THEIR CONTENT (INCLUDING THESE TERMS AND CONDITIONS OF USE), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT BE APPLICABLE TO YOU.
You agree that you will not under any circumstances:
- Use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party or other software designed to modify or interfere with the Services;
- Execute, assist, encourage, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;
- Try to gain unauthorized access to the Services, accounts registered to others or to the any computer or server used to offer or support the Services, or networks connected to the Services by any means other than the user interface provided by us, including but not limited to, by circumventing or modifying or causing to be modified, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, files, or software that is part of the Services;
- Use, facilitate, create, or maintain any unauthorized connection to the Services, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Services; or (2) any connection using programs, tools, or software not expressly approved by com™;
- Use any unauthorized third party or other software that accesses, intercepts, “mines”, or otherwise collects information from or through the Services or that is in transit from or to the Services, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Services to store information;
- Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Services, whether through the use of a network analyzer, packet sniffer or any other tools;
- Make any automated use of the Services, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Bypass any robot exclusion headers or other measures we employ to restrict access to the Services or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Services, or harvest or manipulate data; or
- Interfere or try to interfere with the proper functioning of the Services, or connect to or use the Services in any way not expressly permitted by these Terms and Conditions of Use, including disrupting, overburdening, or assisting in or encouraging the disruption or overburdening of (1) any Service server; or (2) the enjoyment of the Services by any other person.
MODIFICATION OF TERMS
ENTIRE AGREEMENT, VENUE AND CHOICE OF LAW
These Terms constitute the entire agreement between you and Direct Pharms™ governing your use of these Services. These Terms may be changed or updated at any time at the sole discretion of Direct Pharms™. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use services of other parties affiliated with Direct Pharms LLC, third-party content or third-party software.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to choice of law rules. Any claims arising out of or in connection with these Services shall be resolved in accordance with the procedures outlined below in the section entitled DISPUTES WITH DIRECT PHARMS™. Any claims arising in connection with the use of these Services must be brought within one (1) year of the date of the event giving rise to such action.
If any part of this Agreement is ruled to be unenforceable, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of the Agreement, including any revised portion, shall remain and be in full force and effect.
The failure of Direct Pharms LLC to exercise or enforce any Term will not constitute a waiver of such Term. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
DISPUTES WITH DIRECT PHARMS™
You and Direct Pharms™ agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this. Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.
- Contact Direct Pharms™ If a dispute arises between you and Direct Pharms™, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Direct Pharms™ regarding the Direct Pharms™ Services may be reported to Customer Service online at https://directpharms.com/contact-us/, at any time, or by phone at the number listed on this webpage.
- You and Direct Pharms™ each agree that any and all disputes or claims that have arisen or may arise between you and Direct Pharms™ shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
- YOU AND DIRECT PHARMS™ AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND DIRECT PHARMS™ AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER DIRECT PHARMS™ USERS.
- The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org.
- You or Direct Pharms™ may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Direct Pharms™ subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Direct Pharms™, unless the arbitrator requires otherwise.
- The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Direct Pharms™ users, but is bound by rulings in prior arbitrations involving the same Direct Pharms™ user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Direct Pharms™ for all fees associated with the arbitration paid by Direct Pharms™.
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS DIRECT PHARMS LLC, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS AND AGENTS (COLLECTIVELY “DIRECT PHARMS”) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE PHOTO SERVICE USING YOUR ACCOUNT.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, DIRECT PHARMS LLC WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LIABILITIES ARISING WITH RESPECT TO YOUR USE OF THE SITE OR DIRECT PHARMS™ PRODUCTS AND SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Direct Pharms™ shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to backorders of requested products, mail delays, customs delays or lost shipments. Direct Pharms™ shall not be responsible to notify you in the event of such delays. You shall be solely responsible to make other arrangements to purchase alternative products and any costs incurred in connection with such purchases, if necessary.
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