Terms and Conditions

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.

MODIFICATION OF THESE TERMS OF USE

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.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TELECARE PHARMACY WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TELECARE PHARMACY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TELECARE PHARMACY WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE TELECARE PHARMACY WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. TELECARE PHARMACY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE TELECARE PHARMACY WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TELECARE PHARMACY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TELECARE PHARMACY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TELECARE PHARMACY WEB SITE, WITH THE DELAY OR INABILITY TO USE THE TELECARE PHARMACY WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TELECARE PHARMACY WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE TELECARE PHARMACY WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF TELECARE PHARMACY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TELECARE PHARMACY WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TELECARE PHARMACY WEBSITE.

TERMINATION/ACCESS RESTRICTION

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.

TRADEMARKS

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:

TeleCare Pharmacy
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.

Entire Agreement

The Terms and Conditions, Informed Consent, and our Privacy Policy constitute the sole and entire agreement between you and TELECARE PHARMACY regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.