Terms and conditions
Website Terms & Conditions
1. Agreement
Your physician or other provider ("Provider") provides access to this and related websites ("Website") for purchasing products and services ("Products") shown on the Website. By using this Website or purchasing Products, you become a user ("User") and agree to these Site User Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not use the Website and may be blocked or otherwise restricted by the Provider or the Website Supplier. Your acceptance of the Terms is confirmed by using the Website, making purchases, or agreeing via a Website mechanism for click-through acceptance ("Acceptance").
2. Changes to Terms
The Website Supplier can change the Terms at any time by posting revised Terms on the Website or providing electronic or written notice to the User ("Electronic Notice"). User agrees that using the Website after such notice constitutes acceptance of the changed Terms.
3. License and Ownership of Website and Content
Provided you comply with these Terms and the agreement between your Provider and the Website Supplier is active, you are granted a personal, non-transferable, non-exclusive, revocable, limited license to use the Website and its content ("Content") solely to purchase and pay for Products ("Purpose"). Users will not: (a) Use the Website or Content beyond the Purpose; (b) Reverse engineer or attempt to discover source code; (c) Create derivative works; (d) Sell or transfer the Website or Content without express permission.
This license terminates upon:
- Termination of these Terms or the agreement between Provider and Website Supplier.
- Breach of Terms by the User.
- Non-payment by the Provider.
- Termination of Website or Content use by the Provider or its Users.
Upon termination, Users must cease all use and destroy all Content copies. Users acknowledge the Website Supplier's ownership of the Website, Content, and related intellectual property.
4. Term and Termination
The Terms are effective upon Acceptance and continue until terminated. The Terms automatically terminate if: (a) User breaches any Term; (b) User violates any law; (c) The agreement between Provider and Website Supplier ends.
Termination does not relieve User of obligations incurred under the Terms.
5. Limitation of Liability
To the maximum extent permitted by law, Provider and Website Supplier's liability to the User is limited to the amount paid by the User in the most recent calendar year for the Product in question. Provider and Website Supplier are not liable for indirect, incidental, special, exemplary, punitive, or consequential damages.
6. Disclaimer of Warranty
To the maximum extent permitted by law, Provider and Website Supplier disclaim all warranties, express or implied, regarding the Website, Content, and Products. The Website and Products are provided "as is." Users should review their state laws for applicability of these limitations.
7. Disclaimer of Professional Services
The Website and Content do not provide professional medical, pharmacy, or other services. Provider alone is responsible for professional services. Users must seek professional services from their Provider, not the Website Supplier, and must be at least 18 years old.
8. Indemnity
Users will indemnify and defend the Provider, Website Supplier, and their affiliates from all claims arising from: (a) User’s breach of Terms; (b) User’s negligence or misconduct; (c) User’s misuse of the Website or Products; (d) User’s legal violations.
Provider or Website Supplier will notify User of any claims requiring indemnification.
9. User Information, License, and Covenants
Users must provide accurate and complete information ("User Information") as requested. Provider and Website Supplier are granted a license to use User Information for enabling Website use and enforcing Terms. Users must ensure they have rights to the User Information and consent to its use as described.
10. Confidential Information
User information provided to the Provider or Website Supplier is not confidential. The Provider and Website Supplier own all de-identified information, pricing, software code, and other designated confidential information. Users must use such information only for the specified Purpose and return or destroy it upon request.
11. Acceptable Use
Website Supplier may restrict access to the Website or Content if User’s actions violate the Terms, are objectionable, or unlawful. Violations include unauthorized access, spamming, introducing harmful code, fraudulent conduct, and intellectual property infringement.
12. Miscellaneous
(a) These Terms are the entire agreement. (b) Terms may be changed only by the Website Supplier. (c) No waiver of any provision is valid unless in writing. (d) Obligations survive termination. (e) User must pay legal costs if they lose litigation. (f) Website Supplier may assign the Terms; Users cannot without consent. (g) Unenforceable terms are severable. (h) Provider and Website Supplier are not liable for delays due to uncontrollable causes. (i) Terms are governed by Illinois law.(j) Disputes will be resolved by arbitration, barring class actions and lawsuits.