BY USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.
Express Med Pharmacy Services and my-medPak may change, modify, add or remove portions of these Terms and Conditions of Use, at any time. You should periodically check these Terms and Conditions of Use for changes. Your continued use of the Website following the posting of any changes to these Terms and Conditions of Use will mean that you accept and agree to such changes. As long as you comply with these Terms and Conditions of Use, Express Med Pharmacy Services and my-medPak grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the Website.
All information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”), including but not limited to the selection, coordination, arrangement and enhancement of such Content, contained on the Website is owned, controlled or licensed by or to Express Med Pharmacy Services and my-medPak, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms and Conditions of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Express Med Pharmacy Services and my-medPak’s express prior written consent.
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.
Any health-related content residing on the Website describes general principles of health care that should not be construed as specific instructions for individual patients. It is not intended as a substitute for a consultation with your physician, and should not be used to diagnose or treat a health problem without consulting your physician. It is for reference only and should not be used to determine treatment for specific medical conditions.The Website and its health-related information and resources are not intended and must not be taken as the rendering of medical, nursing or professional health care advice or services, or the practice of medicine, nursing or professional health care in any local, state or federal jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin or supplement discussed on this Website.
You understand and agree that in no event will Express Med Pharmacy Services and my-medPak be liable for any decision made or action taken in reliance on the information contained on, or accessible through, the Website. Reliance on any information provided by, or otherwise appearing on, the Website is solely at your own risk.
Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a new diet, fitness or supplement regimen. If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately.
This Website may contain links to other independent third-party web sites. Express Med Pharmacy Services and my-medPak provides these links for your reference only. Express Med Pharmacy Services and my-medPak does not control these web sites and is therefore not responsible for, and does not endorse, their content and resources or any services offered through such third-party web sites.
When you visit the Website 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 Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You must be at least 18 years of age to use the Website. You agree not to interrupt or attempt to interrupt the Website’s operation or any other person’s use of the Website in any way. Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other user to enjoy this Website will not be permitted, including by means of hacking or defacing any portion of this Website, or by engaging in password “mining,” spamming, flooding or other disruptive activities.
You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Express Med Pharmacy Services and my-medPak or others. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent or 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 may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
Express Med Pharmacy Services and my-medPak reserves the right to terminate or suspend your access to and use of this Website without notice, if we believe, in our sole discretion, that it is in violation of these Terms and Conditions of Use or any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party.
Certain information or services offered on or through this Website may require you to create an account (including setting up a User ID and password). You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access this Website using your account or User ID. Express Med Pharmacy Services and my-medPak cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
For your account, you agree to provide true, accurate, current and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of this Website. Because any termination of your access to the Website may be effected without prior notice, you 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 this Website. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or this Website.
By using the Website, you also acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
By providing any phone number to Express Med Pharmacy Services and my-medPak, you expressly consent to being contacted at this phone number—in person or through an automated system.
EXPRESS MED PHARMACY SERVICES AND MY-MEDPAK DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. EXPRESS MED PHARMACY SERVICES AND MY-MEDPAK CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
EXPRESS MED PHARMACY SERVICES AND MY-MEDPAK DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE INFORMATION, SERVICES, PRODUCTS, MATERIALS AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THIS WEBSITE, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
EXPRESS MED PHARMACY SERVICES AND MY-MEDPAK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY EXPRESS MED PHARMACY SERVICES AND MY-MEDPAK SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST EXPRESS MED PHARMACY SERVICES AND MY-MEDPAK FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of or use, whether for breach of contract, tort, negligence or any other cause of action.
Express Med Pharmacy Services and my-medPak reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (ii) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (iii) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction or other changes.
IN NO EVENT WILL EXPRESS MED PHARMACY SERVICES AND MY-MEDPAK BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE WEBSITE, (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 ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ON THE WEBSITE; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF EXPRESS MED PHARMACY SERVICES AND MY-MEDPAK HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU.
If, notwithstanding the other provisions of these Terms and Conditions of Use, Express Med Pharmacy Services and my-medPak is found to be liable to you, any liability on the part of Express Med Pharmacy Services and my-medPak will not exceed the fees paid by the user for the particular information or service provided. Express Med Pharmacy Services and my-medPak is not liable for the unauthorized use of our Content by any other web sites.
You agree to indemnify and hold Express Med Pharmacy Services and my-medPak, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Express Med Pharmacy Services and my-medPak by any third party due to or arising out of or in connection to your violation of these Terms and Conditions of Use, or with your use of this Website.
If any part of these Terms and Conditions of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms and Conditions of Use, all of which remain in full force and effect. You agree that all matters, including all disputes, relating to your access to or use of Express Med Pharmacy Services and my-medPak information or services or of the Website, including its Contents, will be governed by the laws of the State of Pennsylvania without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts for Beaver County, Pennsylvania, and waive any objection to such jurisdiction or venue. Any claim under these Terms and Conditions of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Express Med Pharmacy Services and my-medPak and you arising out of or in connection with your access to or use of Express Med Pharmacy Services and my-medPak information or services or of the Website, including its Contents, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Express Med Pharmacy Services and my-medPak welcomes your feedback. Any feedback you provide at the Website will be deemed to be non-confidential. Express Med Pharmacy Services and my-medPak will be free to use such information on an unrestricted basis.
Express Med Pharmacy Services and my-medPak respects 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 Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
Our agent for notice of claims of copyright infringement on the Site can be reached by mail as follows:
Express Med Pharmacy Services
3950 Brodhead Road
Monaca, Pennsylvania 15061
Attn: Compliance Officer
Express Med Pharmacy Services and my-medPak may elect to monitor areas of the Website by electronic or other means and may disclose any Content, records, Submissions 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 Website; 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 to request the removal of such Content from the Website.
July 1, 2016