TERMS AND CONDITIONS OF USE PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (THE “TERMS”) CAREFULLY BEFORE USING THIS WEB SITE (THE “SITE”) AND OTHER WEBSITES (THE “SITES”), INCLUDING ANY SUBDOMAINS THEREOF, OR ANY RELATED SMARTPHONE OR MOBILE APPLICATIONS, OPERATED BY AMEX PHARMACY AND ITS AFFILIATED COMPANIES. THE TERMS GOVERN YOUR USE OF THE SITES AND ARE BINDING BETWEEN YOU AND AMEX PHARMACY.
2. Electronic Communications When you visit the Site or send e-mails to AmEx Pharmacy, you are communicating with AmEx Pharmacy electronically. You consent to receive communications from AmEx Pharmacy. AmEx Pharmacy may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that AmEx Pharmacy provides to you electronically satisfy any legal requirement that such communications be in writing.
3. Your Account If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. AmEx Pharmacy reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
5. Accuracy; Limitation of Liability and Exclusion of Warranties AmEx Pharmacy makes commercially reasonable efforts to ensure that all information contained on the Site is accurate and up to date. Nevertheless, you must evaluate the information and content of the Sites. Your use and browsing of the Site is exclusively at your own risk and the Site is provided to you AS-IS WITHOUT WARRANTY OF ANY KIND. AMEX PHARMACY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SITE AND THE MATERIALS CONTAINED HEREIN. AMEX PHARMACY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AMEX PHARMACY DOES NOT WARRANT THAT (A) THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED OR SECURE, (B) DEFECTS WILL BE CORRECTED, (C) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, OR (D) ANY CONTENT OR INFORMATION ON THE SITE IS CORRECT, RELIABLE, CURRENT OR COMPLETE. AMEX PHARMACY ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE SITE OR DOWNLOAD MATERIAL FROM THE SITE. UNDER NO CIRCUMSTANCES SHALL AMEX PHARMACY, ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) RESULTING FROM ITS PERFORMANCE OR ANY FAILURE TO PERFORM UNDER THE TERMS EVEN IF AMEX PHARMACY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Non-Proprietary Information For any and all materials or content that you post or otherwise provide to AmEx Pharmacy in connection with the Site, you grant AmEx Pharmacy an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and otherwise exploit such materials in any and all media or distribution formats, methods, and channels (now known or later developed). You acknowledge and agree that AmEx Pharmacy may sublicense these rights.
8. Links to Third Party Sites The Site may contain links to other Web sites or frame information from other Web sites that are not under the control of AmEx Pharmacy. AmEx Pharmacy is providing these links and/or frames to you only as a convenience. AMEX PHARMACY MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE WEB SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED WEB SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION. IN PARTICULAR, PLEASE NOTE THAT THE POLICIES OF OTHER WEB SITES LINKED TO THE SITE MAY BE MATERIALLY DIFFERENT THAN THE TERMS, ESPECIALLY WITH RESPECT TO THE USE AND COLLECTION OF PERSONAL INFORMATION AND WITH RESPECT TO THE USE OF PROPRIETARY INFORMATION POSTED ON THAT WEB SITE. No permission is hereby granted to you to link from any other Web site to any portion of the Site, or to frame any content contained on the Site without AmEx Pharmacy’s prior written permission.
11. Statute of Limitations You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13. Limitations of Liability UNDER NO CIRCUMSTANCES SHALL AMEX PHARMACY BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITES, IN WHOLE OR IN PART, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL AMEX PHARMACY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, REGARDLESS OF WHETHER ANY AMEX PHARMACY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR DAMAGES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THESE TERMS.
15. Release By using the any of the Sites you acknowledge and agree that you release, remise, and forever discharge AmEx Pharmacy, its subsidiaries, its affiliates, and their respective officers, directors, employees, suppliers, licensors and agents (and its and their successors, officers, directors and employees) from any and all claims, complainants, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown that arise out of or are in any way related to your use of this Website and/or Services. If you are a California resident, you waive California Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
16. Digital Millennium Copyright Act Compliance AmEx Pharmacy respects the intellectual property rights of others and expects users of this Website to do so as well. In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. Section 512), AMEX PHARMACY has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users, members, subscribers, or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide AmEx Pharmacy’s copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement that you have a good-faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. AmEx Pharmacy reserves the right to remove any content posted to the Site at our sole discretion.