The information provided on our Site is for general informational or educational purposes. Certain sections of this Site are intended for particular audiences including our employees, customers, health care providers, and the general public.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access or view. These terms do not grant you the right to use any branding, logos, or content used on our Site or Services.
In connection with your use of our Site or Services, we may send you announcements, administrative messages, and other information. You may opt out of some of those communications. Our messages or announcements are sent in accordance with the terms of our Privacy Statement.
1. DRUGSTORES.com Does Not Provide Recommendations or Medical Advice
We are here to help you navigate our Site and find medical related information. We are not a medical referral service and do not provide advice or recommend or endorse any health care provider, medical products, specific tests, procedures, opinions, or other information that may appear on the Site or be found through our Services. If you rely on or use our Services, you do so solely at your own risk.
We do not offer advice regarding the quality or suitability of any particular physician, hospital, or physician group for specific treatments or health conditions. Before selecting a medical provider, You should independently investigate and research their credentials.
OUR SITE PROVIDES INFORMATION AND SHOULD NOT BE CONSTRUED AS HEALTH OR MEDICAL ADVICE. OUR SERVICES ARE NEITHER A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED MEDICAL PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR VIEWED ONLINE. DO NOT USE OUR SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY CALL 911 AND CONTACT YOUR PHYSICIAN OR A HOSPITAL IMMEDIATELY.
2. Content on DRUGSTORES.com
We realize that you want to find valuable information on our Site. Therefore, while we will use reasonable efforts to include accurate information on DRUGSTORES.com, we cannot make any warranty or representation to accuracy, currency or completeness. You agree that by accessing our Site and using the information, you do so at your own risk. DRUGSTORES.com disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.
Neither DRUGSTORES.com nor any party involved in creating, producing or delivering this Site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Site, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect your computer equipment.
All content on our Site, including without limitation, text, photographs, graphics and video and audio content, and derivative works of any user generated content or third party content is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, or other proprietary rights. We give you limited permission to use our content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Site or our Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of our Site content or information.
3. Content or Information You Post or Submit to the Site
If you proceed, you acknowledge that Posted Information, including personally identifiable information, is made voluntarily. You are responsible for the content of Posted Information and agree to defend, indemnify and hold Us harmless from any damages, losses, costs, or expenses, including reasonable attorneys’ fees, which We may incur as a result of the Posted Information.
You are solely responsible for any Posted Information that you submit, publish or display on DRUGSTORES.com. By using the Site and providing Posted Information, You acknowledge that:
- You will only provide Posted Information that you believe to be true and you will not purposely provide false or misleading information;
- By posting Posted Information on the Site, you agree to and do hereby grant, represent and warrant that you have the right to grant, DRUGSTORES.com, its contractors, employees or agents an irrevocable, perpetual, royalty-free, fully sub licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that DRUGSTORES.com shall have the exclusive right to practice this license to the extent of combining your Posted Information with our database of information and the Posted Information of other DRUGSTORES.com users for purposes of constructing or populating a searchable database of information related to Medical Professionals and the health care industry;
- You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity;
- You agree not to submit, publish or post information that:
- is false or intentionally misleading;
- involves the transmission of unsolicited mass mailing or “spamming;”
- violates the intellectual property or other rights of any person or entity;
- harasses or advocates harassment of another person;
- is threatening, obscene, defamatory or libelous; or
- is pornographic or sexually explicit.
4. Access to Services
You may be able to use some Services without registering for an account. Though some of the Services and information on our Site may be provided by medical providers or their staff, the such content does not create a doctor or medical professional/patient relationship, and it does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
5. Your Privacy is Important to Us
We know that your privacy is important and we respect the privacy of users of our Site. Please refer to our Privacy Statement that explains your rights and responsibilities with respect to information that is disclosed on our Site.
6. No Doctor Patient Relationship is Created by Using Our Site or Services
WE ONLY PROVIDE CONTENT FOR INFORMATIONAL AND EDUCATIONAL PURPOSES. NO LICENSED DOCTOR OR MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF OUR SITE OR THROUGH ANY OTHER COMMUNICATIONS FROM US, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE MEDICAL PROFESSIONAL OR SPECIALIST IN ANY FIELD.
WE MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, AND QUALITY OF WORK OR OTHER INFORMATION ON THE SITE. FURTHERMORE, WE DO NOT ENDORSE ANY INDIVIDUAL, GROUP, PRODUCT OR HOSPITAL. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU BY RELYING ON INFORMATION CONTAINED ON OUR SITE OR FOUND THROUGH LINKS TO OTHER SITES.
7. Data Integrity & Accuracy of Information
We provide information as a service to consumers and medical providers. The timeliness and accuracy of information on our Site is not guaranteed. Neither the authors, the editorial personnel, staff of DRUGSTORES.com, nor any other party who has been involved in the preparation or publication of information or content on our Site can assure that the information is accurate or complete. We are not responsible for any errors or omissions or for the results obtained from the use of such information.
You are encouraged to independently confirm any information found on our Site with other sources and to seek the advice of a qualified physician or medical provider.
All medical provider and medical practice or medical group information found on the Site is intended for general reference and informational purposes only. Medical provider information found on the Site may be self-reported, by the medical provider(s) and or their office staff, or collected from multiple data sources that may not have been confirmed by the medical provider. This type of information frequently changes and may become out of date or could contain inaccuracies.
The procedures, products, services and devices discussed and/or advertised within our Site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services or devices. Any products or services represented on our Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
8. Authorization and Acknowledgement; Important Information About Provider Relationships and Lists
In connection with using our Site and our Services to locate and schedule appointments with medical professionals, you understand that:
- YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN MEDICAL PROVIDER.
- We may pre-populate our Site and Services with information about or for health care providers;
- We may provide you with lists of medical providers who may be able to provide the type of health care that you are seeking based on information that you provide to Us (such as type of medical specialty, medical condition, proximity to your geographical location, and/or insurance information). We do not recommend or endorse any medical providers or make any representations or warranties with respect to the quality of the healthcare services they may provide;
- We may identify health care providers to be featured on our Site or our Services based on pre-existing contractual agreements with the health care providers. Such identification or selection is not an endorsement of any particular medical professional;
- If you elect to enter information into a medical history form or questionnaires on behalf of yourself or a third party from whom you have authorization to provide such information, on your request you authorize us to provide such information to the specified medical provider. You acknowledge and agree that such information will be reviewed and approved by you or someone authorized on your behalf at the time of your appointment to ensure its accuracy. You also acknowledge that We may use the data or information you provide on any medical history forms or account questionnaires in accordance with our Privacy Statement.
We take all commercially reasonably steps consistent with industry practice to protect your data and information by using established security standards and procedures. We seek to use appropriate administrative, technical and physical security measures to reasonably safeguard information and protected health information under our control from unauthorized use, release or access. Moreover, when You register on-line or access Your account information through this Site, We offer You the ability to use a secure server. The secure server encrypts all information that You input before it is sent to Us.
Please be advised, we have worked hard to create a secure and reliable Site for our users, however, the confidentiality and security of any communication or material transmitted to, from or through our Site or e-mail cannot be guaranteed to be secure. As with any online site, when disclosing any personal information or your medical information, You should remain mindful of the fact that it is potentially accessible to the public, and consequently, can be collected and used by others without Your consent. Your use of the Internet and this Site is solely at Your risk. You, alone, are ultimately responsible for maintaining the secrecy for all your personal information, usernames and passwords.
10. Third Party Web Sites and Links
Our Site may contain links or references to other websites maintained by third parties over whom We have no control. Such links are provided merely as a convenience. Similarly, this Web site may be accessed from third party links over which We have no control. We make no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by Us.
11. Your Responsibilities When Using Our Site or Services
You are responsible for all use of our Services and your account. While our Services are provided free of charge, you are solely responsible for any charges for any medical services. You may only use the Services for lawful, non-commercial purposes. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of our Services. You may not attempt to gain unauthorized access to any of our Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
1. copy, modify, adapt, translate, or reverse engineer any portion of our Services, and/or its content or materials;
2. remove any copyright, trademark or other proprietary rights notices contained in or on our Site or in or on any content or other material obtained through our Services;
3. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of our Services;
4. access, retrieve or index any portion of our Site or Services for purposes of constructing or populating a searchable database of medical providers or information related to the health care industry;
5. reformat or frame any portion of the web pages that are part of our Site;
6. fraudulently misuse our Site or Services by scheduling an appointment with a health care provider which you have no intention of keeping;
7. create user accounts by automated means or under false or fraudulent pretenses;
8. collect or store personal information about other Users in connection with the prohibited activities described in this paragraph; or
9. harass, defame or threaten any party or individual by using our Site.
12. Term and Termination
We reserve the right, at any time and for any reason, without notice to you: (a) to deny you access to our Site or Services; (b) to change, remove or discontinue our Site, or any of our Site or services available on or through this Site; or (c) to terminate your account. Upon termination any licenses granted to you immediately and automatically terminate and you may no longer access, browse or otherwise use this Site or Services.
13. Access to Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of our Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of our Site may be subject to prosecution.
14. Disclaimer of Warranties
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over and no duty to take any action regarding:
which users gain access to our Site or our Services; what content you access via the Site and/or the Services; what effects the content on the Site and/or the Services may have on you; how you may interpret or use the content on the Site and/or the Services; or what actions you may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for you having acquired or not acquired content through the Site and/or the Services.
The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services.
WE PROVIDE THE SITE AND THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
15. General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF:
(A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO REGISTER FOR THE SITE OR THE SERVICES OR B) $100.
IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. Electronic Contracting and Notices
18. Copyright Dispute Policy
We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.copyright.gov/legislation/dmca.pdf)
Our Policy is to: (a) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue Service to repeat offenders.
Procedure for Reporting Copyright Infringements.
If you believe that material or content residing on or accessible through our Site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent (“Proper Bona Fide Infringement Notification”):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Upon Receipt of a Bona Fide Infringement Notification.
Once a Proper Bona Fide Infringement Notification is received by our Designated Agent, it is Our policy:
- to remove or disable access to the infringing material;
- to notify the content provider, member or user that it has removed or disabled access to the material; and
- that for repeat offenders, We will also terminate such content provider’s, member’s or user’s access to the Service.
Procedure to Supply a Counter-Notice to the Designated Agent.
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider, member or user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- The content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which DRUGSTORES.com is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, We may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Our sole discretion.
Address for Designated Agent
Please contact Our Designated Agent to Receive Notification of Claimed Infringement at the following address:
DRUGSTORES.com Copyright Agent
1908 Route 70 East
Cherry Hill, NJ 08003
Email to: firstname.lastname@example.org
19. Entire Agreement & Changes to the Terms
We may modify these terms or our Services at any time. These changes may be done to reflect changes to the law or changes to our Services. We will provide notice of the changes on this page and any changes addressing new Services or changes made for legal reasons will be effective immediately. If you do not agree to the modified, you should discontinue use of our Site or Services.
20. Choice of Law and Dispute Resolution
Last Updated on July 1, 2014.