TERMS OF USE
Last modified June 29, 2020
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.
Www.chancydrugs.com and its associated domains and subdomains (collectively, the “Website”) including any content, functionality, and services offered on or through the Website, is operated by Ascend Inbound Marketing on behalf of Chancy Drugs, Inc. its subsidiaries and affiliates (collectively referred to herein as “Chancy Drugs”, “we”, “our”, or “us”).
These terms of use are entered into between you and Chancy Drugs (collectively referred to as the “Parties”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website.
Please read these Terms of Use carefully before you start to use the Website. THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING LIMITATIONS OF OUR LIABILITY, YOUR INDEMNIFICATION OBLIGATIONS, AND THE LAW GOVERNING, AND DISPUTE RESOLUTION PROCEDURES RELATED TO, YOUR ACCESS AND USE OF THE WEBSITE. By using this Website, you accept and agree to be bound and abide by these Terms OF USE and our Privacy Statement without modification. If you do not want to agree to these Terms of Use or the Privacy Statement, you must not access or use the Website. This Website is offered and available to users who are 18 years of age or older, and reside in the United States. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Chancy Drugs and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
The Parties agree as follows:
1. Our Collection and Use of Your Data is Governed by Our Privacy Statement
Chancy Drugs believes in protecting your privacy. All information we collect about you on the Website is subject to our Privacy Statement. In some circumstances our collection of your information subjects Chancy Drugs to the requirements of the Health Information Portability and Accountability Act of 1996 as amended by The Health Information Technology for Economic and Clinical Health Act. By using the Website, you consent to our use of your information and our contacting you, in each case, in compliance with our Privacy Statement.
2. THE WEBSITE IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL ADVICE
The text, graphics, images, software applications, information and other material contained on the Website (“Content”) are for informational purposes only. The Content is not intended to replace or be a substitute for professional medical advice, diagnosis, or treatment. It is your sole responsibility to check product information, including drug packets inserts, regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any drug or supplement discussed on the Website. Always seek the advice of your physician, pharmacist, or other qualified health provider with any questions you may have regarding a medical condition, before staring any new medication or treatment or the proper use of pharmaceutical products. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.
3. Chancy Drugs Does Not Endorse or Recommend any Specific Products or Services
References to, or descriptions or images of, products or services on the Website are not endorsements of such products or services, and such products or services may be available by third parties.
4. Chancy Drugs is Not Responsible for Third-Party Content
The Website may contain links to third-party web sites. Chancy Drugs is not responsible for the content of linked third-party sites, sites framed within the Website, third-party sites provided as search results, or third-party advertisements, and does not make any representations or warranties regarding the content or accuracy of any such content. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
5. We May Update or Otherwise Revise These Terms of Use at Any Time
We reserve the right to change or otherwise modify these Terms of Use at any time. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued access or use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
6. You are Prohibited from Using the Website for Certain Purposes
You may only use the Website for lawful purposes and in accordance with these Terms of Use. By using this Website, you agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming, threatening, harassing or defaming any person, or attempting to do any of the foregoing; and
- In any manner that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including his or her ability to engage in real time activities through the Website.
Additionally, you agree not to:
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Website;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
- “Frame,” “mirror,” or otherwise incorporate any part of this Website into any other website; and
- Otherwise attempt to interfere with the proper working of the Website.
In addition to any rights we may have or remedies we may pursue, we may deny your access to and use of the Website if we believe you have engaged in any activity prohibited under this Section.
7. Communications
IF YOU HAVE AGREED THAT WE CAN SEND YOU MESSAGES CONTAINING ADVERTISEMENTS OR OFFERS FOR GOODS AND SERVICES, WE MAY DO SO FROM TIME TO TIME AND MAY SEND SUCH OFFERS BY VOICE OR SMS (OR TEXT) MESSAGE TO THE MOBILE PHONE NUMBER YOU DESIGNATE FOR SUCH PURPOSE. Message and data rates for such SMS messages may apply. Your consent to receipt of such messages is not, and will not be, a condition to any purchase. If at any time you change your mind regarding your consent to such messages, you must contact us in accordance with these Terms of Use.
8. Intellectual Property Rights
The content and information on the Website are proprietary to us and/or our partners and providers and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property rights and laws.
You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, transmit, store, download, sell, or re-sell any information, software, products, materials or services obtained from or through the Website, except you may take such actions:
- as necessary for, or incidental to, your use of the Website (such as storing files that are automatically cached to your internet browser); or
- to make a reasonable number of copies of Website pages for your own personal, non-commercial use.
No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Chancy Drugs.
9. Disclaimer Regarding International Use
Chancy Drugs makes no claim that the Website is appropriate or lawful for use or access outside the United States. Furthermore, our databases are located in the United States. If you access the Website from outside the United States, you do so at your own risk. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and website access. By sending us your data, you consent to its transfer to and storage within the United States.
10. Limitations of Liability of Chancy Drugs
You understand and agree that Chancy Drugs nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of the Website or the information resources contained or accessible through the Website. The access to and use of the Website and the content is solely at your own risk. When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of Website and its suppliers. Accordingly, Chancy Drugs assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of The Website.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHANCY DRUGS, ITS SUPPLIERS OR VENDORS, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, ANY DEFECTS IN THE CONTENT, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CHANCY DRUGS SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY USE OR MISUSE OF THE WEBSITE, CONTENT, OR SERVICES.
11. Disclaimer of Warranty
The Website and the Content are provided on an “as is” basis. Chancy Drugs, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, Chancy Drugs, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currency, or timeliness of the content, products, software, functionality, text, graphics, links, or communications provided on or through the use of the Website, including the substance, accuracy, or sufficiency of any service or product information listed on the Website.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Website.
- That the Website will operate without interruption or error.
12. Governing law
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of Georgia.
13. Arbitration
The Parties agree to resolve any dispute arising from these Terms of Use and our Privacy Statement through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. By using this website, you agree that you are waiving the right to trial by jury for any claim stemming from these Terms of Use or our Privacy Statement.
Any arbitration proceeding that takes place under these Terms of Use shall follow the rules of the American Arbitration Association (“AAA”) and any resulting decision shall be enforceable by a court of competent jurisdiction. The arbitration proceeding shall be conducted in Valdosta, Georgia. The arbitration proceeding shall be conducted before one neutral arbitrator selected in accordance with the rules of the AAA. The parties agree to bear their own attorneys’ fees and costs associated with the arbitration proceeding.
14. Waiver and Severability
No waiver by Chancy Drugs or any term or condition set out in these Terms of use 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 Chancy Drugs to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use 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 of Use will continue in full force and effect.
15. Entire Agreement
The Terms of Use and our Privacy Statement constitute the sole and entire agreement between you and Chancy Drugs regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
16. How to Contact Us
For questions or comments regarding these Terms, please contact Chancy Drugs.