U.S. TERMS AND CONDITIONS OF USE

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE (collectively with any amendments, “TERMS AND CONDITIONS”) BEFORE PLACING AN ORDER OR USING THIS APPLICATION OR WEBSITE. THIS APPLICATION AND WEBSITE ARE OWNED AND OPERATED BY PRESCRIPTION CARE MANAGEMENT AND ITS AFFILIATES (collectively “PCM”, “US”, “WE” or “OUR”). THE TERMS AND CONDITIONS MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION.

BY USING THIS WEBSITE OR ANY WEBSITE OF PCM AND/OR PLACING AN ORDER FOR PCM’S SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR PCM’S SERVICES.

IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR PURCHASE AND USE PCM’S SERVICES ONLY WITH THE INVOLVEMENT AND ACKNOWLEDGEMENT OF YOUR PARENT OR GUARDIAN.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE OR ORDER OR USE PCM’S SERVICES.

We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Your continued use of the Sites and/or other services of PCM after any such changes constitutes your acceptance of the new Terms and Conditions. Any updates or amendments will be posted on the Sites (hereinafter, PCM’s Website or any other web-based platform shall be referred to singularly or collectively as “Website” or “Site”).

User Conduct

You must only use the Site for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not without our prior written consent:

Copy, reproduce, use, or otherwise deal with any content on the Site;
Modify, distribute, or re-post any content on the Site for any purpose;
Use the content of the Site for any commercial exploitation whatsoever.

Content Uploaded to the Site

In the event that you upload any photographs, comments, video clips, other media, or any document to the Site (the “Uploaded File“), PCM has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Websites, in perpetuity throughout the world as PCM in its sole discretion sees fit without further consent or payment.

PCM has all rights, titles, and interests in any and all results and proceeds from such use of the Uploaded Content. PCM has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. PCM may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions and market and exploit it entirely at PCM’s sole discretion.

Indemnification

You agree to indemnify and hold harmless PCM, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND OTHER PRODUCTS AND SERVICES OF PCM IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

PCM DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.

Limitations on Liability

PCM EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PCM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH:

(I) THE SITE;
(II) THE USE OR INABILITY TO USE THE SITE;
(III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE;
(IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE;
(V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA;
(VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION;
(VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS;

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PCM’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO PCM FOR ANY PRODUCTS SUPPLIED BY PCM.

PCM WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA.

International Users

The Site is controlled, operated, and administered by PCM from its offices within the United States of America. PCM makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Site are illegal is prohibited.

Service Providers, Business Partners, and Others

PCM may use certain trusted third-party companies and individuals to help us provide, analyze, and improve services (including, but not limited to, data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Service’s features).

Information Sharing and Disclosure by Us

PCM does not sell personal information to third parties.

Termination

Notwithstanding any of these Terms and Conditions, PCM reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block or prevent future access to and use of the Site.

Disputes, Binding Individual Arbitration, and Waiver of Class Actions

The terms of this Section shall apply to all disputes between you and PCM...

Nevada Law

The parties agree that a trier of fact will apply Nevada law to any dispute arising from this agreement.

Exclusive Venue for Other Controversies

PCM and you agree that any controversy excluded from the dispute resolution procedure in this Agreement...

General

The Terms and Conditions constitute the entire agreement between PCM and you with respect to your use of the Site, your purchase of services through the Site, and any other transactions.

Severability

If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect.

Other Important Terms

These Terms and Conditions supersede any other terms and conditions previously published by us...

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