TERMS OF USE
The Drug Company offers individuals the opportunity to join a prescription referral program.The Drug Company is not a pharmacy or an insurance plan - it connects members with international prescription service pharmacies (the "referred Pharmacy(s)") from around to world in order to obtain the best price for their prescriptions medications ("Prescriptions") and non-Prescription medications (collectively referred to as "Products") through the website located at www.thedrugcompany.com (the "Site") (the "Services").
In these terms, reference to "we", "us", "our" and "ours" refers to The Drug Company and reference to "members", "you", "your" and "yours" refers to the person or other legal entity registering with the Site.
THIS TERMS OF SERVICE GOVERNS YOUR ACCESS AND USE OF THE SITE AND SERVICES. In consideration for your right to access and use the Site and Services, you agree as follows:
IT IS IMPORTANT THAT YOU READ ALL OF THE TERMS AND CONDITIONS CAREFULLY.
1.Acceptance of Terms
In order to use this Site, you are required to indicate your agreement to abide by these Terms of Service (the "TOS") through a click-through consent when this option is made available to you by us or when we modify this TOS.
You also agree and acknowledge that in order to use the Services offered on our Site, you must become a member of The Drug Company's Membership Program.Your Membership creates a contract between you and TheDrugCompany.com, consisting of this Terms of Use, the Privacy Policy, the Membership Agreement, any other policies that appear on our Site and form part of our Services, the Order form and any other documents you are required to submit or any other agreements which may be incorporated by reference therein, and to the extent of their incorporation in this TOS you agree to be bound by such agreements.
2.Modifications and Notices
The Drug Company may revise this Agreement, at any time, by updating this posting. The Drug Company may give notice to you of such changes to this Agreement by means of a notice the next time you visit the Site or by electronically notifying all members of any changes or modifications.You must agree to these changes before you can continue to use our Site or Services.
3.Limited License
Subject to the terms and conditions of this Agreement, you are granted a limited personal, non-exclusive, non-transferable, revocable license to access, view and use the Site, including a limited license to download, print and store single copies of information obtained from the Site, for your personal use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, in our Services. Such information must not be reproduced, republished, or disseminated in any manner or form without the prior written consent of The Drug Company or third party entities from which such information was collected.
4.Feedback
The Drug Company enables visitors to the Site to provide The Drug Company with feedback by email or other electronic means ("Customer Content"). You hereby agree that if you provide Customer Content, you grant to The Drug Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to analyze, use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any Customer Content, throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and you waive any and all moral rights in the Customer Content.Notwithstanding the above, The Drug Company agrees not to publish, in any media, any personal information provided by you as part of such Customer Content, without express written consent.
5.Advertisements, Prices, Shipping Charges and Exports--
All prices quoted are payable in United States dollars and, unless otherwise stated, do not include shipping charges or applicable sales taxes.
Advertisements or information on the Site do no constitute an offer or solicitation to buy or sell any product, service or information to any one in any jurisdiction in which an offer or solicitation is not authorized or cannot legally be made or to any person to whom it is unlawful to make an offer or solicitation. A properly completed Order Form submitted by you to The Drug Company or an referred Pharmacy constitutes your offer to purchase the goods or services listed in your order.Your order shall be deemed to be accepted only at the point when it is shipped.
6.Intellectual Property
Certain words, phrases, names, designs or logos on the Site, including The Drug Company's logo, may constitute trademarks, service marks, or trade names of The Drug Company or others. The display of such marks on the Site does not imply that you have been granted a license by The Drug Company or other entities with respect to them.
7.Privacy and Security Policy
Your registration data and other personal information ("Personal Information") is subject to our Privacy Policy.For more information, see our full Privacy Policy.
8.Links
This Site may include links to other Internet sites, including sites which communicate content about competitors, solely as a convenience to users. The Drug Company does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, The Drug Company makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, products and services on linked sites or available through linked sites is solely at your own risk and governed by the terms of service of the linked site.
9.No Advice Offered
You acknowledge and understand that any information provided on the Site or which is accessible from this Site is for informational purposes only and it is not intended to provide specific advice or recommendations to you, it does not promote the use or purchase of any particular Product, and you agree that you will not rely or act upon any advice in that regard or without seeking the advice of a medical professional.You agree not use the information contained on this Site for diagnosing, treating, curing or preventing a health problem or prescribing a medication.
10.No Warranty
Access to the Site and the information provided on the Site and through our Services are provided "as is" and without warranties of any kind either express or implied.The information on the Site is provided for informational purposes only and is not intended to be medical or professional advice.By agreeing to this TOS, you acknowledge and agree that the use of our Site and Services is entirely at your own risk. The Drug Company makes no representation or warranties regarding the Site or its contents, including, without limitation, that the information provided will be relevant, accurate, complete, correct, timely or suitable, that the Site or Services will be available at all times or that the Site will be free from errors, viruses or other harmful components. The Drug Company is not responsible for any information on the Site or any linked site that you may find offensive, undesirable or objectionable. Further, The Drug Company specifically disclaims any responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of third party information. To the fullest extent permissible pursuant to applicable law, The Drug Company disclaims all warranties, express or implied, including, but not limited to, warranties and conditions regarding use of the Site, including all implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement, whether express or implied.
11.Limitation Of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THE DRUG COMPANY, ITS OFFICERS OR DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER ARISING, CAUSED, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF, OR INABILITY TO USE, THE SITE, THE ACTIONS OF THIRD PARTIES, ANY ACCURACY, INCOMPLETENESS, OR INCORRECTNESS CONTAINED ON THE MATERIALS DISPLAYED, ACCESSED OR USED ON THE SITE, OR YOUR RELIANCE OR ACTING UPON THE MATERIALS ON THE SITE, INCLUDING, WITHOUT LIMITATION, ANY LOSSES OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT, IN EQUITY, AT LAW OR OTHERWISE AND WHETHER OR NOT THE DRUG COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SERVICES OFFERED BY THE DRUG COMPANY LEVERAGE SOFTWARE AND THIRD PARTY SERVICES WITH LITTLE OR NO HUMAN INTERVENTION IN ORDER TO YIELD AGGREGATE DATA OR INFORMATION ABOUT THE PRICING OF PRODUCTS. THE DRUG COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR AGGREGATE CONTENT, INCLUDING BUT NOT LIMITED TO: (1) THE TIMELINESS OF CONTENT, (2) THE ACCURACY OF INCLUDED CONTENT (3) THE CONTENT AGGREGATED FROM THIRD PARTY SITES.
[IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF THE DRUG COMPANY UNDER THIS TOS, THE USE OF THE DRUG COMPANY'S SERVICESPROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE ORDER COST OF ANY PRODUCT.]
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12.Indemnity
You agree to indemnify and hold The Drug Company, its officers, directors, subsidiaries, affiliates, employees, representatives, agents, licensors and their respective successors and assigns harmless from any claim or demand (including without limitation, reasonable legal fees), made by any third party in connection with your use of the Site, our Services or the information provided by The Drug Company, including without limitation, any violation of the law which result from using The Drug Company.
13.International Matters
Unless otherwise specified, the Site and Services are presented solely for the purpose of providing information to assist in connecting members with international prescription service pharmacies. The Drug Company makes no representation that the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
14.Miscellaneous
The failure of The Drug Company to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. These terms shall be governed by and construed in accordance with the laws of the Province of Manitoba, and the laws of Canada applicable therein and shall govern as to the interpretation, validity and effect of this TOS, notwithstanding any conflict of law provision or your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Manitoba in any action or proceeding arising out of or relating to this TOS. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This TOS may not be transferred or assigned by you but may be assigned by The Drug Company without restriction.Headings are for convenience only and do not form part of these terms and conditions, and no construction or inference shall be derived from such headings.