Premier Pharmacy may make improvements or changes in the information and services available on our web site or terminate the web site, at any time without notice. Premier Pharmacy may modify this Agreement at any time, and such modification shall be effective immediately upon either posting of the modified Agreement or notifying you at our option. You agree to review this Agreement periodically to ensure that you are aware of any modifications.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE
The contents of this site, such as text, graphics, images, information obtained from the Premier Pharmacy’s licensors and other material (“Content”) contained on this site is for informational purposes only. The content have not been evaluated by the FDA and is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. You should seek medical attention before undertaking any diet, exercise or other health program described on this web site.
Premier Pharmacy does not recommend self-management of one’s health care. Reliance on any information provided by or via the Site is solely at your own risk.
Information obtained by using this site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. The Content provided by Premier Pharmacy is compiled from numerous sources. Premier Pharmacy and its directors, officers, employees, licensors, suppliers, agents and independent contractors, do not directly or indirectly practice medicine or provide medical services as part of rxpremier.com. Should you have any health care–related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately.
This web site contains health or medically related materials, including information about women’s reproductive issues, that you may find sexually explicit or otherwise offensive. It may not be suitable for children or other sensitive people. You are solely responsible for compliance with the laws applicable to your domicile.
USE OF CONTENT
Premier Pharmacy authorizes you to view or download a single copy of the material made available on this web site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright 2015”, Premier Pharmacy, Inc. All rights reserved,” and other copyright and proprietary rights notices that were contained in the Content. You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any third party. We reserve all our other rights. Among other things, this means you must not sell our information, rewrite or modify it, redistribute it, put it on your own web site, or use it for any commercial purpose without our prior written permission.
LIABILITY OF Premier Pharmacy
Premier Pharmacy makes no representations or warranties that: (1) the services, Content, software, text, graphics, links or communications provided on or through use of the web site, by Premier Pharmacy or any third party, are accurate, reliable, complete, timely or error-free; (2) files available for downloading from or via this online site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties; (3) the results that may be obtained from the use of the Services or Content will be reliable; (4) the quality or efficacy of any product and/or service of any third party that is discussed, promoted, obtained, or purchased within or via the Site, its Services or Content will meet your expectations; or (5) any errors in the Services or Content will be corrected.
Premier Pharmacy is not liable for any personal injury, including death, caused by your use or misuse of the Site or Content or by any products you purchase from a third party. In no event shall Premier Pharmacy or any third parties be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the web site or the Content whether based on warranty, contract, tort or any other legal theory, and whether or not Premier Pharmacy is advised of the possibility of such damages. Any liability of Premier Pharmacy shall be limited to the actual damages incurred by you, not to exceed U.S. $1000.
ADVERTISEMENTS, PRODUCT/SERVICE PROMOTIONS AND LINKS TO OTHER SITES
USER SUBMISSIONS AND CONTRIBUTIONS
Any claim or controversy arising out of or related to this Agreement, the web site, or the services or products provided on or through the web site shall be settled by binding arbitration to be held in Kingsport, TN in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude Premier Pharmacy from seeking any injunctive relief in any court of competent jurisdiction for protection of Premier Pharmacy’s intellectual property rights. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Tennessee for the enforcement of this arbitration agreement and of any arbitration award in connection with any such dispute including any claim involving Premier Pharmacy or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
Your privacy is important to us. To better protect your privacy, we provide this notice explaining what information we collect, how we might use that information and the choices you can make about the way your information is collected and used at the web site.
THE INFORMATION COLLECTED
At rxpremier.com, you can subscribe to one of our services (e.g., our online information services) or express an opinion. We collect personally identifiable information that you provide to us. The types of personally identifiable information that may be collected at these web pages may include, without limitation: your name, address, E-mail address, telephone number, fax number, and information about your interests in and use of various services, programs, and products. We also may collect information you provide as part of a User Submission. We also may collect certain non-personally identifiable information when you visit many of our web pages. This information is collected automatically and includes information such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows ‘95 or Mac OS) and the domain name of your Internet service provider (e.g., America Online, Earthlink).
USE OF THE INFORMATION
We may use the personally identifiable information you provide about yourself to fulfill your requests for services, programs, and products, to respond to your inquiries about our offerings, and to offer you other services, programs, or products that we believe may be of interest to you. We sometimes use this information to communicate with you when we make changes to our subscriber. Agreements, to fulfill a request by you for an online newsletter, or to contact you about your account with us.
The information we collect in connection with our Community section or as part of a User Submission is used to provide an interactive experience. For example, we may use this information to write E-mails, to publish submissions, or, from time to time, to offer you services, programs, or products.
We sometimes use the non-personally identifiable information that we collect to improve the design and content of the Site and to enable us to personalize your Internet experience. We may also use this information in the aggregate to analyze site usage, as well as to offer you services, programs, or products. We may also sell, transfer or otherwise distribute certain aggregated non-personal information to third parties. Premier Pharmacy may on occasion combine information we receive online with outside records to enhance our ability to offer information or market to you those services or products that may be of interest to you.
LINKS TO/FROM OTHER SITES
Rxpremier.com contains links to other web sites that are operated by third parties. Other sites may also reference or link to rxpremier.com. The services or products described or advertised on rxpremier.com are generally sold by other parties on other sites. Premier Pharmacy is not responsible for the privacy practices or the content of those other sites. Premier Pharmacy makes no representations concerning any effort to review the content of sites to which it may be linked and has no control over information submitted to other sites. Visitors should consult the other sites’ privacy notices prior to submitting any information, as we have no control over information that is submitted to, or collected by, these third parties.
LICENSES AND IDEA SUBMISSIONS
You agree to grant to Premier Pharmacy a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of rxpremier.com by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against Premier Pharmacy for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
We have put in place physical, electronic, and managerial procedures that we believe are reasonable to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. However, you provide information to us at your own risk. Premier Pharmacy will disclose information we maintain when required to do so by law and as set forth herein.
REVISIONS TO AGREEMENT
This Agreement may be revised, modified, altered or updated in the future without notification or cause. You agree that after consenting, you will be bound by such revisions, modifications, alterations, or updates. If you do not accept the revised terms of the Agreement, you may continue to enjoy those features of the web site that do not require acceptance.
This instrument, as modified from time to time as described below, and including the policies incorporated by reference, sets forth the entire understanding and Agreement of the parties relating to the subject matter hereof, and it supersedes any prior or contemporaneous understandings of any kind or nature. By agreeing to these terms, you represent that you are not relying on any agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set forth herein.
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.