AGREEMENT BETWEEN USER AND TELECARE PHARMACY
The TELECARE PHARMACY Web Site comprises various Web pages operated by TELECARE PHARMACY. The TELECARE PHARMACY Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TELECARE PHARMACY Web Site constitutes your agreement to all such terms, conditions, and notices.
TELECARE PHARMACY reserves the right to change the terms, conditions, and notices under which the TELECARE PHARMACY Web Site is offered, including but not limited to the charges associated with the use of the TELECARE PHARMACY Web Site.
LINKS TO THIRD PARTY SITES
The TELECARE PHARMACY Web Site may contain links to other Web Sites (“Linked Sites”). TELECARE PHARMACY does not control the Linked Sites and TELECARE PHARMACY is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TELECARE PHARMACY is not responsible for webcasting or any other form of transmission received from any Linked Site. TELECARE PHARMACY is providing these links to you as a convenience only, and the inclusion of any link does not imply endorsement by TELECARE PHARMACY of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the TELECARE PHARMACY Web Site, you warrant to TELECARE PHARMACY that you will not use the TELECARE PHARMACY Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the TELECARE PHARMACY Web Site in any manner that could damage, disable, overburden, or impair the TELECARE PHARMACY Web Site or interfere with any other party’s use and enjoyment of the TELECARE PHARMACY Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TELECARE PHARMACY Web Sites.
MATERIALS PROVIDED TO TELECARE PHARMACY OR POSTED AT ANY TELECARE PHARMACY WEBSITE
TELECARE PHARMACY does not claim ownership of the materials you provide to TELECARE PHARMACY (including feedback and suggestions) or post, upload, input, or submit to any TELECARE PHARMACY Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting TELECARE PHARMACY, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. TELECARE PHARMACY is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in TELECARE PHARMACY’s sole discretion. By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
TELECARE PHARMACY reserves the right, in its sole discretion, to terminate your access to the TELECARE PHARMACY Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of ILLINOIS, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Lake County, Illinois, U.S.A. in all disputes arising out of or relating to the use of the TELECARE PHARMACY Web Site. Use of the TELECARE PHARMACY Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TELECARE PHARMACY as a result of this agreement or use of the TELECARE PHARMACY Web Site. TELECARE PHARMACY’s of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TELECARE PHARMACY’s right to comply with governmental, court and law performance enforcement requests or requirements relating to your use of the TELECARE PHARMACY Web Site or information provided to or gathered by TELECARE PHARMACY with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TELECARE PHARMACY with respect to the TELECARE PHARMACY Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TELECARE PHARMACY with respect to the TELECARE PHARMACY Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the TELECARE PHARMACY Web Site are Copyright 2016 by TELECARE PHARMACY and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
WAIVER AND SEVERABILITY
No waiver by TELECARE PHARMACY of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TELECARE PHARMACY to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
DIGITAL MILLENNIUM COPYRIGHT ACT
TELECARE PHARMACY reserves the right to remove any content or any other material or information available on or through our Website, at any time, for any reason. TELECARE PHARMACY otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This section describes the procedure that should be followed to file a notification of alleged copyright infringement with TELECARE PHARMACY.
Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our Designated Agent at the following address:
324 Peterson Rd.
Libertyville, IL 60048
Attn: DMCA Claim
Any notification to Company under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
- An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- An identification of the content or material that you claim is infringing and where it is located on our Sites;
- Information sufficient for TELECARE PHARMACY to contact you, such as your address, telephone number, and/or email address;
- A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
Website Terms and Conditions
- TeleCare Pharmacy is a licensed US pharmacy that only sells products which are FDA approved and legal in the United States. TeleCare Pharmacy is very competitive in pricing and 100% committed to customer satisfaction. If for any reason, a patient is dissatisfied with their purchase, our service, or even our website, TeleCare Pharmacy will do everything possible to make it right.
- By accessing
www.telecarepharma.com, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website. The materials contained in this website are protected by applicable copyright and trademark law.
- Permission is granted to temporarily download one copy of the materials (information or software) on the
www.telecarepharma.com website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse-engineer any software contained on the www.telecarepharma.com website;
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or “mirror” the materials on any other server.
- This license will automatically terminate if you violate any of these restrictions and may be terminated by
www.telecarepharma.com or TeleCare Pharmacy at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on www.telecarepharma.com are provided “as is”. TeleCare Pharmacy makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, TeleCare Pharmacy does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
In no event will www.telecarepharma.com, TeleCare Pharmacy, its suppliers, or recommended partners be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use of or inability to use the materials on www.telecarepharma.com, even if TeleCare Pharmacy or any authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on www.telecarepharma.com could include technical, typographical, or photographic errors. TeleCare Pharmacy does not warrant that any of the materials on its website are accurate, complete, or current. TeleCare Pharmacy may make changes to the materials contained on its website at any time without notice. TeleCare Pharmacy does not, however, make any commitment to update the materials.
TeleCare Pharmacy has not reviewed all of the sites linked to its Internet websites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of the site by TeleCare Pharmacy. Use of any such linked website is at the user’s own risk.
Any claim relating to TeleCare Pharmacy’s website will be governed by the laws of the State of Illinois without regard to its conflict of law provisions
- In the event a product is listed at an incorrect price or with incorrect information due to typographical error, error in pricing, or product information received from our suppliers, TeleCare Pharmacy will have the right to refuse or cancel any orders placed for products listed at the incorrect price.
- TeleCare Pharmacy will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, TeleCare Pharmacy will immediately issue a credit to your credit card account in the amount of the charge.