These terms were last updated on August 4, 2022.
The website located at pharmacy.healthcare.com (the "Site") is a copyrighted work belonging to HealthCare, Inc. Please read these terms and conditions of use carefully before using or obtaining any materials, information, products, or services through this site. The terms "HealthCare Pharmacy", "us", "we" or "our" refer to HealthCare Pharmacy, LLC an Arizona limited liability company. The following terms and conditions (the "Terms" or the "Agreement") form a binding agreement between you and us.
Acceptance of Terms
Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
We may modify these Terms at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site or otherwise communicated to you. By using the Site after changes are posted, you agree to those changes.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 11.2) ON AN INDIVIDUAL BASIS TO RESOLVE ANY AND ALL DISPUTES OR CLAIMS OF ANY KIND, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE OR CLAIM.
NO MEDICAL ADVICE: THE SITE SHOULD BE USED FOR MEDICAL PROBLEMS OR CONDITIONS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.
1. Background; Certain Required Information.
We built pharmacy.healthcare.com to provide various online resources for HealthCare Pharmacy, LLC customers.
1.2 Provision of Information.
In order to access or use certain features or services offered on the Site, you must provide certain information about yourself as prompted by the webforms displayed to you. You represent and warrant that: (a) all required information you submit is truthful and accurate; (b) you are the person described in such information or, if not, you are lawfully authorized to provide such Information and to give the consent of the person described in such information, including consent to be contacted as required by the Telephone Consumer Protection Act of 1991 47 U.S.C. 227 ("TCPA"); and (c) you will maintain the accuracy of such information. HealthCare Pharmacy may suspend or terminate your access to the Site and/or any services made available on the Site in accordance with Section 9. If you access the Site on behalf of another person then "you", "yourself", "your" and "user" means and refers to you on behalf of yourself and you on behalf of such other person.
2. Access to the Site.
Subject to these Terms, HealthCare Pharmacy grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
2.2 HealthCare Pharmacy Account.
2.3 Certain Restrictions.
The rights granted to you in these Terms are subject to the following restrictions: you agree to not use the Site in a way that, in HealthCare Pharmacy's discretion, violates any applicable law, regulation, obligation, or other similar restrictions imposed by a government. You agree that any prescriptions or pharmaceutical products that you acquire or obtain through the Site will be solely for your (or your family member's or dependent's, as applicable to whom the prescription is written for) personal use.
You agree not to remove any copyright, trademark, or other proprietary notices from any portion of the services, cause of launch any programs or scripts for the purposes of scraping, indexing, surveying, or otherwise data mining any portion of the services or attempt to gain unauthorized access to or impair any aspect of the services or its related systems or networks, whether through password mining or any other means.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Services, deep-link to any feature or content on the Services, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Services or any activity being conducted on this Services.
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit our Services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail ("spamming"); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
Your Account or access to Site may be terminated for any of the above infractions.
We reserve the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
Some services may not be available in certain areas. We make no representations that the materials on this Site are appropriate or available for use in any particular state or other countries besides the United States. Those who do access this Site are solely responsible for compliance with the laws of the state or country in which they reside.
All offers set forth on this Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
2.5 No Support or Maintenance.
You acknowledge and agree that HealthCare Pharmacy will have no obligation to provide you with any support or maintenance in connection with the Site.
You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Site and its content are owned by HealthCare Pharmacy or HealthCare Pharmacy's suppliers, unless otherwise noted. The distinctive and original layout and presentation of this Site also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Company appear throughout this Site. This Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to HealthCare Pharmacy, or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.
2.7 Children's Information.
This Site is not intended for use by anyone under the age of thirteen (13) years old. No services on the Site are directed towards anyone under the age of thirteen (13) years old. If you are under the age of thirteen (13) you must immediately stop using this Site. If you suspect your child has provided Personal Information to us, please contact as at firstname.lastname@example.org, provide us the relevant information, and we will make commercially reasonable efforts to promptly delete your child's Personal Information.
If you provide HealthCare Pharmacy with any feedback or suggestions regarding the Site ("Feedback"), you hereby assign to HealthCare Pharmacy all rights in such Feedback and agree that pharmacy.healthcare.com shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. HealthCare Pharmacy will treat any Feedback you provide to HealthCare Pharmacy as non-confidential and non-proprietary. You agree that you will not submit to HealthCare Pharmacy any information or ideas that you consider to be confidential or proprietary.
You agree to indemnify, defend, and hold harmless HealthCare Pharmacy, LLC (and its officers, representatives, directors, employees, consultants and agents), from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys' fees) arising or related to your use of this Site, your use of any material, information or data downloaded or otherwise obtained from this Site or your violation of these Terms, including without limitation, your infringement of any intellectual property right of HealthCare Pharmacy, LLC or any other person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of HealthCare Pharmacy, LLC. HealthCare Pharmacy, LLC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Our Content; Third-Party Links & Ads; Other Users.
6.1 Our Content.
You should check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement discussed on the Site.
You understand and agree that neither HealthCare Pharmacy nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of the Site or the information resources contained on or accessible through the Site. The information and features included in the Site have been compiled from a variety of sources for informational purposes and are subject to change at any time without notice.
Proper treatment of health conditions depends upon several factors, including, but not limited to, your medical history, diet, lifestyle, and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a new diet, fitness, or supplement regimen. IF YOU ARE EXPERIENCING A MEDICAL CRISIS, PLEASE CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.
Please note that references to or descriptions or images of products or services on the Site are not an endorsement of such products or services. Resale of products or services purchased in connection with the Site is specifically prohibited.
6.2 Third-Party Links & Ads.
The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of HealthCare Pharmacy, and HealthCare Pharmacy is not responsible for any Third-Party Links & Ads. We provide access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. Your use of all Third-Party Links & Ads is done at your own risk, and you should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
7. Disclaimers of Warranties
We make all commercially reasonable efforts to ensure that all material, information, and data on the Site is accurate and reliable; however, accuracy cannot be guaranteed. THE SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND HEALTHCARE PHARMACY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. HEALTHCARE PHARMACY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS SITE, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THIS SITE. HEALTHCARE PHARMACY SHALL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION.
YOU ACKNOWLEDGE AND AGREE (1) THAT YOUR USE OF THIS SITE IS AT YOUR OWN DISCRETION AND RISK, (2) THAT USE OF ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS AT YOUR OWN DISCRETION AND RISK, AND (3) THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA, AND FOR ANY OTHER FORM OF DAMAGE THAT MAY BE INCURRED. HEALTHCARE PHARMACY DOES NOT WARRANT OR GUARANTEE THAT FILES OR OTHER MATERIALS AND INFORMATION AVAILABLE THROUGH THIS SITE WILL BE FREE OF INFECTIONS, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT COULD BE HARMFUL TO YOUR COMPUTER SYSTEM. NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION HEALTHCARE PHARMACY, SHALL BE LIABLE TO USERS OF THIS SITE FOR ANY DAMAGE RESULTING FROM USE OF THIS SITE OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEALTHCARE PHARMACY OR IN ANY MANNER FROM THIS SITE SHALL CREATE ANY WARRANTY.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. No Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEALTHCARE PHARMACY, LLC (OR OUR SUPPLIERS, OFFICERS, REPRESENTATIVES, EMPLOYESS, CONSULTANTS, OR AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS,COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR BUSINESS INTERUPTION) ARISING FROM OR IN ANY WAY RELATING TO THESE TERMS OR YOUR USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR ANY LINKED WEBSITE OR MATERIAL, INFORMATION, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE, OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THIS SITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SITE. EVEN IF HEALTHCARE PHARMACY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED FIFTY US DOLLARS (U.S. $150). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Term and Termination.
Subject to this Section, these Terms will remain in full force and effect while you use the Site or any services offered on the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. HealthCare Pharmacy will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 11.
10. Copyright Policy.
We respect the intellectual property of others and ask that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our sites that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for HealthCare.com is:
Designated Agent: HealthCare, Inc. Legal Counsel
Address of Agent: 3401 N Miami Avenue, Suite 205, Miami, FL 33127
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice or posting of the revised terms on the Site will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
11.2 Dispute Resolution.
Please read this Arbitration Agreement carefully. It is part of your contract with HealthCare Pharmacy and affects your rights. It contains procedures for BINDING ARBITRATION AND A CLASS ACTION WAIVER. YOU AGREE THAT YOU ARE IRREVOCABLY WAIVING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS AND THE USE OF THE SITE.
YOU ALSO AGREE THAT YOU ARE WAIVING ANY RIGHT TO ASSERT ANY CLAIMS AGAINST HEALTHCARE PHARMACY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY
DO NOT USE THE SITE IF YOU DO NOT AGREE TO THESE PROVISIONS.
(a) If, for some reason, a Dispute (defined below) arises between you and HealthCare Pharmacy in connection with your use of the Site, you agree to try and resolve such Dispute in good faith. If the Dispute cannot be resolved, you agree that we will resolve the Dispute through individual binding arbitration in a non-representative capacity.
(b) Arbitration and Waiver of Class Action
(i) By accepting these terms and conditions, you acknowledge and agree that instead of suing in court, you and HealthCare Pharmacy will arbitrate any disputes, according to the terms of this agreement, unless you exercise your option to opt-out as described below. are waiving the right to a trial by jury or to participate in a class action or representative action. You agree that, by entering into this Agreement, you and HealthCare Pharmacy are waiving the right to a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted and expressly includes any claims, causes of action or disputes of any kind brought under any laws or regulations of any state or any laws or regulations under the United States or any U.S. federal laws or regulations of any kind or in connection with the TCPA.
(ii) In arbitration, there is no judge or jury. Instead, a neutral third-party arbitrator resolves disputes in a less formal process than in court. In arbitration, there is limited discovery and a court review of the arbitrator's decision is limited. However, just as a court would, the arbitrator must follow the terms of the Agreement, and can award damages and relief, including attorney's fees authorized by law.
(c) Disputes include but are not limited to any claims or controversies against each other or in any way arising out of your use of the Site or our services or the agreement between us, including our use of Information provided by you, attempts made to contact you by us or calls, emails, text messages or faxes you actually receive from us, our policies, and contract practices and service, privacy or advertising claims, even if the claim arises after your use of the Site or the services offered on the Site has terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the services or Site bring against our employees, agents, affiliates, subsidiaries, related companies or related entities, or other representatives; (b) you bring against a third party, that are based on, relate to, or arise out of in any way our services or the agreement between us, but only to the extent we are or become a named party in such dispute; or (c) that we bring against you, but only to the extent we are or become a named party in such dispute. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of the foregoing or other matters whether based in contract, tort, statute (expressly including any claims under or in connection with the TCPA), fraud, misrepresentation, advertising claims or any other legal theory of any kind; (ii) claims that arose before this Agreement or out of a prior agreement with HealthCare Pharmacy; (iii) claims that are subject to ongoing litigation where you are not a party or class member; and/or (iv) claims that arise after the termination of this agreement.
(d) Before you or HealthCare Pharmacy may seek arbitration, the party must first send the others a written notice of Dispute (a "Notice") describing the nature and basis of the claim or Dispute and the requested relief. Any Notice to HealthCare Pharmacy should be sent to the address set forth in Section 11.7, below. Any notice must be sent only via personal delivery, or by overnight delivery via FedEx, UPS, or other guaranteed overnight delivery method. After the Notice is confirmed to be received, the parties shall attempt in good faith to resolve the Dispute informally by informal negotiations. If the Dispute is not resolved within thirty (30) days of the receipt of the Notice, any party may initiate an arbitration, unless the parties have mutually agreed to extend the date for informal negotiations.
(e) Unless you and HealthCare Pharmacy agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in the capital city of the state in which you resided at the time you used accessed the Site and/or used the services offered on the Site. The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the "JAMS Rules"), as modified by this agreement to arbitrate, including the rules about the filing, administration, discovery, and arbitrator fees. The JAMS rules are available on its website at www.jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other provision in arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
(f) The Federal Arbitration Act ("FAA") applies to this agreement and this arbitration provision. We each agree that the FAA's provisions---not state law---govern all questions of whether a Dispute is subject to arbitration. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the "Minimum Standards"), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you and HealthCare Pharmacy to arbitrate on a class-wide, representative or consolidated basis.
(g) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND HEALTHCARE PHARMACY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and HealthCare Pharmacy expressly agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If any portion of this provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(h) You and HealthCare Pharmacy are each responsible for their respective costs, including counsel, experts, and witnesses. HealthCare Pharmacy will pay for any filing or case management fees associated with the arbitration and the professional fees for the arbitrator's services.
(i) An arbitrator's award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator's decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction.
(j) As an alternative to arbitration, we may resolve Disputes in small claims court in the county where you resided at the time you accessed the Site and/or used the services offered on the Site. In addition, this arbitration agreement does not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against HealthCare Pharmacy on your behalf.
(k) Right to Opt Out.
Notwithstanding the above, You may choose to pursue a Dispute in court and not by arbitration if You opt out of arbitration within 30 days from the date that you first consent to these Terms and Conditions (the "Opt-Out Deadline"). To opt out of arbitration, simply email us at email@example.com with the following information: (1) your name; (2) your address; (3) your cell phone number and (4) a clear statement that You do not wish to resolve Disputes with us through arbitration. Please be assured that any decision to opt out of arbitration will have no adverse effect on Your relationship with Us. But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt out request received after the Opt-Out Deadline will not be honored by us and You will be required to pursue any formal Dispute in arbitration.
(l) IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY IS FORCED TO PROCEED IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUNTERCLAIM OR ANY OTHER COURT PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERTING A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from HealthCare Pharmacy, or any products utilizing such data, in violation of the United States export laws or regulations.
11.4 Electronic Communications.
Communications between you and HealthCare Pharmacy may use electronic means, whether you use the Site or send us emails, or whether HealthCare Pharmacy posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from HealthCare Pharmacy in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that HealthCare Pharmacy provides to you electronically satisfy any legal requirement that such communications would satisfy if they were a hardcopy in writing. The foregoing does not affect your non-waivable rights. All calls are recorded and may be monitored.
11.5 Entire Terms.
11.6 Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
11.7 Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation."
11.8 Severability. Except as otherwise expressly set forth herein, if any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
11.9 Copyright/Trademark Information.
Copyright © 2022, HealthCare, Inc. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
11.10 Contact Information
If you have any other questions or concerns regarding these Terms, please contact us at:
2320 West Peoria Ave Suite D132-A
Phoenix, AZ 85029