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COPYRIGHT TERMS OF USE Thank you for visiting the OffshoreMD.com (A OffshoreRx Group Site). OffshoreMD.com is a leading online drugstore: a retail store and information site for pharmacy products. The Site is designed to provide a convenient, private and informative shopping experience for consumers to purchase products essential to healthy, everyday living. Accessible 24 hours a day, 7 days a week, the OffshoreMD.com online store offers a larger selection of products than typical store-based retailers, along with a wealth of health-related information, buying guides and other tools designed to help consumers make educated purchasing decisions. OffshoreMD.com,. and its subsidiaries and affiliates ("we, us, our") want each visitor to the Site ("you") to have a safe, pleasurable visit, so we have established the following terms and conditions so that we (we and you) know what to expect from each other. By using the Site you agree to be bound by the terms set forth herein. We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. PRIVACY Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices. ELECTRONIC COMMUNICATIONS When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. TRADEMARKS OffshoreMD.com , OffshoreDoc.com, OffshoreHospital.com are our trademarks and service mark. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners. YOUR ACCOUNT OBLIGATIONS In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy. You will receive a password and account designation when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. YOUR CONDUCT Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site. SITE CONTENT You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any. COLOR/PRODUCT DESCRIPTION We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENETERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another. EXPORT The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws. OUR RIGHTS We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. LINKS TO THIRD PARTY SITES Occasionally, we may make available a link to a third party's web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents. SUBMISSIONS We are pleased to hear from our customers and welcome your comments regarding our products and the Site. You may post reviews of products or services, comments, suggestions, or other material ("Submissions") so long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. OffshoreMD.com, reserves the right (but not the obligation) to monitor, edit and remove any Submission but does not regularly review posted Submissions. By posting or sending us any Submission, you grant OffshoreMD.com, and its subsidiaries a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. You also grant OffshoreMD.com, and its subsidiaries the right to use the name you submit in connection with such Submission. By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify OffshoreMD.com, inc. and its subsidiaries against all claims and liabilities resulting from your Submission. OffshoreMD.com, does not take any responsibility and assumes no liability for any Submission posted by you or any other person or entity. APPLICABLE LAW We control the Site from our office in India. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of Indian export laws and regulations. Any claim relating to the Site, the services provided through the Site or the internal laws of Indian Jurisdiction shall govern the Content, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, India. TERMINATION These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site. SHIPPING ADDRESS All orders will be charged a shipping fee of $20.00. Please allow up to 2 weeks for shipping. Rates may change Shipping rates & policies are listed under FAQ's and may change from time to time. We currently ship to street addresses (all shipping methods), P.O. boxes within the 50 United States (standard shipping only), and to APO/FPO U.S. Military addresses (standard shipping only). Packages sent to military addresses may be delayed by military mail handling. Orders will be shipped within 2 business days. We also ship our goods to any country around the globe where the governing law doesn't have any restriction on personal import of prescription drugs. Default shipping address Your default shipping address is the one used on your most recent order. At Checkout, you can change your shipping address by clicking the Select a Different Address drop-down list. Choose another address, or select Add a New Address. You can change your shipping address at any time in the addresses area of Your Account. You can add, delete, or edit any of your shipping addresses. Changes you make will not affect orders you have already placed. GENERAL INFORMATION These Terms of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. 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 of Use must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. IN AGREEMENT 1. I have ordered medicines for my personal use only from OffshoreMD.com (A OffshoreRx Group Site). 2. OffshoreMD.com (A OffshoreRx Group Site) will be shipping the products to me, to the address registered in my order. 3. In the event that the customs of your country or any other country or by another government agency for any reason the parcels are detained, OffshoreMD.com (A OffshoreRx Group Site) will not be held liable for any delay or loss of ordered shipment. 4. I also hereby agree to state that I will not instruct the Credit Card Companies or any other Monetary Transaction authorities advising them to obtain any refund from OffshoreMD.com (A OffshoreRx Group Site) due to the delay or loss which is beyond their control. COPYRIGHT COMPLAINTS We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; 3. identification of the URL or other specific location on the Site where the material that you claim is infringing is located; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 7. Our agent for notice of claims of copyright infringement on the Site can be reached as follows: By mail: Legal Dept. OffshoreMD.com (A OffshoreRx Group Site) By email: support@OffshoreMD.com COPYRIGHT NOTICE COPYRIGHT NOTICE. Copyright © 1999-2004 OffshoreMD.com,(A OffshoreRx Group Site). All rights reserved. Any rights not expressly granted herein are reserved. This was last updated on March 23, 2004 Privacy Policy Information We Collect We recognize your right to confidentiality and are committed to protecting your privacy. We use the information that we collect on our site to provide you with a superior shopping experience. Your Account When you place an order, we will ask you to set up "your account / registration," which includes your name, e-mail address, mailing address, credit card number and expiration date, as well as certain other information when you order prescriptions. Using your account information, we will send you communications that we believe are relevant to you, including prescription refill and renewal reminders, newsletters or emails. If you prefer not to receive optional email or other communication from us, you may adjust your account to prevent such communications. If we receive updated account information from our shippers or other third parties, we may revise your account for you so that we can efficiently process your orders, deliver your packages or otherwise communicate with you. If you would like to review or revise the information we have in your account, you may access such information by clicking on the "your account" tab on any screen. Your Prescription Information To fill your prescription drug order, we collect the following additional information: your date of birth, gender, drug allergies, medical conditions, illnesses, and current medications. If you plan to use insurance and you can't find the member or group number, we ask that you provide your Social Security Number. Your Social Security Number is only used for purposes of seeking reimbursement from insurance companies. We protect all of your information against unauthorized access or release. We share your personal and prescription information with third parties if legally necessary to do so and as follows: · Brand Manufacturers - We may develop programs with some of our brand manufacturers whereby you may be offered special discounts or coupons on products in exchange for providing your e-mail address or completing a survey about the manufacturer's products. When you are offered such discounts or coupons in exchange for your e-mail address or completing a survey, you will be notified that if you complete the survey, your name, e-mail address and responses will be shared with the brand manufacturer. No other information will be shared. · Agents - We may enter into an agreement with other companies or individuals to perform functions on our behalf. These functions may include sending promotional e-mails on our behalf to such companies' customers; serving advertisements on our behalf, analyzing data; providing marketing assistance; processing credit card payments; and fulfilling and delivering orders. These companies and individuals will have access to information necessary to perform their functions. They will not be allowed to use the information for any other purpose and will be bound to the terms of our privacy policy. We may share non-personal, summary, or aggregate customer data with partners and other third parties. · Business Transfers - We may buy or sell stores or assets. In such transactions, customer information is usually treated as one of the transferred business assets. Should OffshoreMD.com, or substantially all of either of their assets be sold, customer information will be one of the transferred business assets. · As You Direct: - If the patient has directed, we will release prescription information to the patient's authorized representative, or the prescribing or other authorized practitioner caring for the patient. At the direction of the patient and to the extent specifically authorized by law, we will release such information to other persons, including OffshoreMD.com (see above for details) and insurance plans. For example, at your request OffshoreMD.com will automatically forward your prescription information to your insurance plan so that OffshoreMD.com can directly handle reimbursement of your prescription purchase on your behalf. · From time to time, we may partner with certain companies who, in conjunction with their membership programs or rewards programs, require that we disclose purchasing information about their members who visit the OffshoreMD.com Web stores (for example, to earn points for purchases made on our site through links from the partner site). We will disclose only the information required to make these programs work for you and support your membership in them. In addition, we only disclose this information to such companies if you have consented first, including consent implied by your agreement to the membership or participation rules. If you do not want us to disclose that information to the strategic partner, then you must contact them directly. Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information. Security When you place an order online, your personal information and credit card information are encrypted using SSL encryption technology before being sent over the Internet, making it virtually impossible for your information to be stolen or intercepted while being transferred to OffshoreMD.com. Your credit card information is always stored in encrypted form in a database that is away from our Web site database so it isn't connected to the Internet, and is therefore safe from hackers. Cookies To personalize your experience at both OffshoreMD.com, we may use a feature on your Internet browser called a cookie. Cookies are small files that your Web browser places on your computer's hard drive. We use cookies to let us know that you are a prior customer and to retrieve certain information previously provided by you to us, so that you do not need to re-enter this information every time you shop at the site. Cookies also let us know how you found us (e.g., through a particular web site or advertisement). Cookies are not used to access information entered on the secure server. This information can only be accessed when you enter your name and password. If you choose to configure your browser to remove or reject OffshoreMD.com cookies, you will not be able to make purchases from the OffshoreMD.com site. Web Beacons In addition, from time to time we may contract with third party companies to help us better provide relevant products and services to you. Some of these companies use Web beacons (also known as action tags or single pixel gifs). A Web beacon is a transparent image that has been placed on a Web page and sends a signal when a user has visited that page. A Web beacon does not contain any personal information. Unsolicited E-mail (SPAM) Your privacy is very important to us. Be assured that, in accordance with our Privacy Policy, OffshoreMD.com does not sell or distribute our customer list to third parties. You should be aware, however, that unscrupulous marketers can sometimes 'harvest' your email address directly from your computer or another person's address book or even obtain your email address through programs that automatically search web pages and email traffic for email addresses. Please note that all email that originates from OffshoreMD.com will either display the OffshoreMD.com logo (HTML emails) or contain the OffshoreMD.com copyright notice (text emails). If you receive an unsolicited email that you believe is connected with OffshoreMD.com in any way, please forward the e-mail (as an enclosure) to info@OffshoreMD.com and we will investigate. Your Consent By using our Web site, you consent to the collection, use, and disclosure of information by OffshoreMD.com and to the terms of this privacy policy. If we ever change our privacy policy, we will post any changes on this page so that you are always aware of the information that we collect, how we use it, and under what circumstances we disclose it. If we were to make a material change to our privacy policy, we will either post a notice on our Web site or send you an e-mail. Your Comments We welcome your feedback. If you have questions or comments about our privacy policies, feel free to drop us e-mail at info@OffshoreMD.com. Last updated: 1/23/2004 |