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Last Update: August 20, 2013
Your access to, and use of, www.KareRx.com (the "Site") is subject to the following Terms & Conditions and all applicable laws and regulations. The Site is owned and operated by Kare Pharmacy, Inc. ("KareRx.com"). By accessing and using the Site, you accept, without limitation or qualification, these Terms & Conditions. If you do not agree and ac1ept, without limitation or qualification, these Terms & Conditions, please exit the Site.
The Site and all of its contents including, but not limited to its text and images ("Content") are owned and copyrighted by KareRx.com or others with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of KareRx.com or others. Your use of any Content, except as provided in these Terms & Conditions, without the written permission of the Content owner is strictly prohibited. As a visitor to the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated Content), and as a user, the service provided and the Content in accordance with these Terms & Conditions. We may terminate this license at any time for any reason, whatsoever. You may use the Site, services and/or Content for your own personal, non-commercial use. No part of the Site, service and/or Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, any service, Content or any portion thereof.
We reserve the right at any time to terminate your use of the Site, these Terms & Conditions or cease offering the service or product, at any time if you fail to comply in full with any term of these Terms & Conditions, or any other terms, agreements, policies and for any reason in our sole discretion as it applies to the Site and the use of it. You agree not to interfere with the normal processes or use of the Site, including by attempting to log in to the accounts of other users, attempting to access administrative areas of the Site, attempting to systematically extract Content from the Site beyond patterns consistent with personal use or by Internet-based requests in such a volume that is likely to overwhelm our servers or interfere with the ordinary operation of the Site.
THE SITE, ANY SERVICE PROVIDED BY KARERX.COM, ANY SUBMISSION OR CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT: (i) THE SITE, ANY SERVICE PROVIDED, SUBMISSION AND/OR CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, ANY SERVICE PROVIDED, SUBMISSION AND/OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, ANY SERVICE PROVIDED, SUBMISSION AND/OR CONTENT WILL BE ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, ANY SERVICE PROVIDED, SUBMISSION AND/OR CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE ASSUME NO RESPONSIBILITY FOR THE DELETION OF, OR FAILURE TO STORE, EMAIL MESSAGES AND ANY OTHER PERSONALIZATION SETTINGS IN RELATION TO THE SITE, ANY SERVICE PROVIDED, SUBMISSION AND/OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE SITE, ANY SERVICE PROVIDED, SUBMISSION AND/OR CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS. THE SITE AND/OR CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, KareRx.com neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any emails, transmissions, posts, and the like that may be on the Site, KareRx.com assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER KARERX.COM, NOR ANY OF ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you. MOREOVER, YOUR ACCESS AND USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE OF THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH USE OF THE SITE. IF YOU RELY ON THIS SITE OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SITE. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OF THE CONTENT OR THE SERVICE OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE SERVICE WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE SERVICE WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE SERVICE OR THE INFORMATION AVAILABLE THROUGH THE SERVICE OR THE CONTENT IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
You agree to indemnify and hold KareRx.com, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (i) your use of the Site, any service provided by KareRx.com, any submissions to the Site or Content; (ii) your breach of these Terms & Conditions; (iii) your violation of any rights including, but not limited to, intellectual property right; or (iv) any deceptive, threatening, libelous, obscene, harassing or offensive material contained in any of your email communications or other submissions to the Site.
A. Scope of Arbitration Agreement and Class Action Waiver. You agree that, by entering into this Agreement, KareRx.com and you agree to arbitrate all disputes and claims that arise out of this Agreement, except as otherwise set forth herein. Therefore, you agree that, by entering into this Agreement, you and KareRx.com and our technology affiliates and vendors, and any of our respective successors and/or assigns, are each waiving the right to a trial by jury or to participate in a class action or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Site users or other persons similarly situated.
This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
claims arising out of or relating to the Site;
claims arising out of or relating to any aspect of this relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; or claims relating hereto that may arise after the termination of this Agreement.
B. Arbitration Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration provision shall further specifically exclude any dispute over the validity of any party's intellectual property rights.
C. Arbitration Procedure. A party who intends to seek arbitration must first send to the other, by certified mail, a written demand ("Demand"). The Demand to KareRx.com should be addressed to: General Counsel, Kare Pharmacy, Inc., 2200 S.W. 10th Street, Deerfield Beach, Florida 33442 ("Demand Address"). The Demand must: (1) describe reasonably the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. If KareRx.com and you do not reach an agreement to resolve the Demand within 30 days after the Demand is received, you or KareRx.com may commence an arbitration proceeding.
The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Website at the address above.
The arbitrator is bound by the terms of this Agreement.
All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of this arbitration provision which are for a court of law to decide.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Unless both you and the Website agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award.
D. Arbitration Fees. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees)
E. Injunctive Relief. Notwithstanding the arbitration provision herein, KareRx.com may seek injunctive relief for any violation of its intellectual property or other proprietary rights.
F. One Year Limitation on Actions. YOU MUST FILE A DEMAND WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO SUCH DEMAND, OR YOU WAIVE THE RIGHT TO PURSUE ANY DEMAND BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
G. Survival of Arbitration Agreement and Class Action Waiver. This section will survive termination of this Agreement.
The Site, Content, emails or other transmissions may contain links to sites owned or operated by parties other than KareRx.com. Such links are provided for your convenience only. KareRx.com does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, KareRx.com specifically disclaims any responsibility if such sites:
Neither does KareRx.com endorse the content, or any products or services available, on such sites. As such, you acknowledge and agree that this Site may feature materials, products, and services provided by third parties. KareRx.com makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, products, and services or any other materials, products, and services which such third party materials, products, and services may access. KareRx.com expressly disclaims responsibility and liability for all third party provided materials, products, and services contained on or accessed through the Site.
This Agreement constitutes the entire Agreement between you and the Site in connection with your use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein. The laws of the State of Florida govern the performance and interpretation of these Terms and Conditions, without regard to any conflicts of laws provisions. Venue shall be in Miami-Dade County, Florida. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. No failure of either party to exercise or enforce any of its rights under these Terms and Conditions will act as a waiver of such rights. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture, agency or other like relationship between you and the Site or between the Site and any third party.
KareRx.com may at any time, and without notice, revise these Terms & Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms & Conditions.
Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect. If any provision of these Terms & Conditions is deemed unlawful, void or unenforceable, the remaining provisions of these Terms & Conditions will remain in full force and effect. Any aspect of any services provided by KareRx.com is void where prohibited by law. Any obligation of the parties relating to limitations on liability and indemnification shall survive termination or expiration of these Terms & Conditions. Each party acknowledges and agrees that it has had the opportunity to seek the advice of independent legal counsel and has read and understood all of the terms and conditions of these Terms & Conditions. These Terms & Conditions shall not be construed against either party by reason of their drafting. If the performance of any part of these Terms & Conditions is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused to the extent that it is prevented, hindered or delayed by such causes. No provision of this Agreement is intended to create, and does not create, any rights in or benefits to any third party.
The information provided herein is meant to be for informational and/or educational purposes only. The use of this website is not intended to be, and must not be taken to be, the practice of medicine or the practice of other health care services by Kare Pharmacy, Inc. Health-related information provided through this website is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional.