Last modified: July, 2021
PLEASE REVIEW THESE TERMS CAREFULLY. BY USING THE SERVICES IN ANY WAY, INCLUDING ONLY BROWSING THE SITE, YOU
AGREE TO BE BOUND BY EVERYTHING IN THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT USE THE
IMPORTANT NOTE ABOUT THE SERVICES
OurPharma is a registered 503B pharmaceutical outsourcing company under the Drug Quality and Security Act and the Federal
Food, Drug and Cosmetic Act. Please see the following link for more information: https://www.fda.gov/drugs/human‐drugcompounding/
OUR SERVICES AND THE CONTENT ON OUR SERVICES (COLLECTIVELY, “CONTENT”) IS FOR INFORMATIONAL AND GENERAL
EDUCATIONAL PURPOSES ONLY. No part of the Services or Content is medical advice, nor should it be treated as medical
advice. The Services and Content do not, and are not intended to, replace the personal relationship between physicians, other health care professionals, and patients. Individuals should always talk to their personal physician(s) and other health care professionals for diagnosis and treatment, including which products available via our Services may be appropriate for that individual. We do not guarantee or represent that any particular product, drug, or treatment is safe, appropriate, or effective for you or any other individual. If you are experiencing a medical emergency, you should seek appropriate medical assistance; do not rely on these Services or our Content.
The Services may include Content about generic and/or therapeutic alternatives for certain prescription products, and may include products or describe uses for products that have not been approved by the FDA. THIS CONTENT IS FOR INFORMATIONAL AND GENERAL EDUCATIONAL PURPOSES ONLY. It is not medical advice and does not replace individual consultation with physician(s) or other health care professionals. We do not guarantee or represent that any particular alternative product, drug, or treatment is safe, appropriate, or effective for you or any other individual.
IMPORTANT NOTE ABOUT INTEGRATION WITH SEPARATE PRODUCT PURCHASE AGREEMENTS
If you have a separate Product Purchase Agreement for the purchase of products and services from OurPharma (collectively,
with any valid purchase order(s) issued under such Product Purchase Agreement, a “PPA”), the terms and conditions of your
PPA and our mutual obligations under the PPA will be separate from these Terms; however you will also be subject to these
Terms as follows:
- the terms and conditions of the PPA will control and govern with respect to all matters expressly addressed in your
PPA, including, but not limited to, your purchase of products and services from OurPharma and related services under
the PPA; and
- the terms and conditions of these Terms will control and govern with respect to your use of the Services and all other
matters not expressly addressed in the PPA.
Not every User will have a PPA. For Users without a PPA, these Terms will control and govern in all circumstances.
1. Summary of Services and Basic Terms
These Terms apply to all parts of the Services.
As a general policy, you are exclusively responsible and liable for your use of the Services and for any consequence of your use
of the Services. Any exceptions to this policy will be clearly explained in these Terms. If you do not see a specific exception
listed in these Terms, then it is not an exception, and you will be solely responsible. More information is available below.
We collect, store and use certain electronic information about you when you use the Services in the ways we explain below
meaningful decisions about whether to use the Services.
OurPharma respects and values the privacy of your information, and we work to protect it as best we can. That said, we cannot
guarantee complete security and privacy. More information about the privacy and security of your information is available
We may change all or any part of the Services from time to time without notice. We may stop providing all or any part of the
Services, or restrict use of all or any part of the Services, without notice and for any reason.
We rely on third‐party providers for certain parts of the Services. Because of this and for other reasons, the Services may be
unavailable, interrupted, or terminated from time to time for many reasons (including routine maintenance). The parts of the
Services that implement third‐party products or services may also be subject to the terms, conditions, and policies of the
applicable third‐party providers. More information is available below.
By using the Services, you agree that OurPharma will not be responsible or liable to you or any third party for any consequence,
loss, or damage arising (directly or indirectly) from or relating to any of the circumstances described in this section or the Terms
generally, unless specifically described otherwise in these Terms.
2. Personal Information; Privacy; Security
By using the Services, you acknowledge and agree that OurPharma collects, stores, and uses certain electronic information
about you. To understand specifically what information we collect, and how we store and use that information, please refer to
3. Eligibility and Your Obligations as a User
You must be able to form a binding contract to use the Services. By using the Services, you represent that you are able to do so. Individuals under 16 years old are expressly prohibited from using the Services. Any attempt by a person under the age of
16 to use the Services will be automatically void.
OurPharma may, in its sole discretion and for any reason, (i) refuse to offer all or any part of the Services to any person or
entity, or (ii) change the eligibility criteria for the Services at any time.
Parts of the Services require you to register for an OurPharma account. You agree to provide truthful and complete information
for your account. We treat personal information you provide in connection with your account in accordance with our Privacy
Policy. If you are using the Services as or on behalf of someone other than yourself, you represent that you are authorized to act for and bind that other person. If you are using the Services on behalf of any entity, you represent that you are authorized to accept these Terms on the entity’s behalf and that the entity agrees to be responsible to us if you or the entity violates these Terms. You may close your account at any time by going to account settings and deactivating your account.
When you use the Services, OurPharma gives you a limited, personal, revocable, non‐transferable, and non‐exclusive license to use the Services subject to these Terms. This limited license is only so you may use and enjoy the benefit of the Services as provided by OurPharma as allowed under these Terms and solely for your personal or internal purposes. You may not use the Services for any Prohibited Use and Content (as defined below), specifically including, but not limited to, any attempt to commercially exploit or profit from the Services in any manner, except for your internal purposes as expressly permitted by these Terms. This license is revocable at will and may be terminated by OurPharma without notice to you. You are solely responsible and liable for all activity that occurs on and through the Services under your name or in connection with your account. THIS SPECIFICALLY INCLUDES ALL PRODUCTS OR SERVICES THAT ARE ORDERED AND PURCHASED THROUGH THE SERVICES. You are solely responsible and liable for safeguarding the security and accuracy of your account, as well as ensuring that all use of the Services by you or in connection with your account does not violate these Terms. You will promptly notify us of any unauthorized access or use.
4. Terms and Conditions for Purchasing Products via the Services, Payment Terms, Taxes and Charges
PLEASE READ THIS SECTION CAREFULLY. This section governs the terms and conditions of our products and the purchase of products via the Services. BY USING THE SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY THIS SECTION. Each subsection
below applies to the maximum extent permitted under applicable law. Notwithstanding the foregoing, for Users with a PPA,
the PPA will control and govern with respect to your purchase of products from OurPharma under the PPA.
A. Products and Services Subject to Availability and Change
Products shown on the Services are subject to change and availability, and may have limited quantities. To best ensure accuracy with respect to any product listed on the Services, please refer to both the product description and image before submitting an Order. If you have a question about any particular product, please contact us before submitting an Order.
The Services may not be available in all geographic areas. We reserve the right to refuse any Order you place with us for any
reason. We may, in our sole discretion, limit or cancel product quantities purchased per purchaser, per recipient, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e‐mail and/or billing address/phone number provided at the time the order was made.
B. Purchase Process; Payments
You are responsible for, and agree to pay OurPharma, all charges you incur by purchasing products via the Services, including the applicable purchase price, taxes, and other applicable charges (each, an “Order”). All such payments will be made in U.S. dollars by ACH transfer. You will pay all charges net 15 days from the mailing date of the applicable billing notice. You will pay a finance charge on any overdue amounts at a rate of 1.0% per month or the maximum rate allowed by applicable law, whichever is lower, from the date the payment was due until the date paid, plus all expenses of collection. Unpaid amounts may result in immediate suspension or termination of Services and/or any other lawful means to collect payment on the unpaid amounts.
Users must dispute fees and charges billed to the User by OurPharma in writing within five (5) days from the date of the applicable billing notice. All disputes must specifically describe the details of the dispute. In the event OurPharma does not receive written notice of the dispute within five (5) days from the date of the applicable billing notice, the charges will be
deemed valid and accepted.
C. Pricing; Taxes
You agree to pay the prices listed on the Services at the time you make a purchase. The prices shown on the Services for a product are for that product only; taxes and other charges are additional, if and as applicable. We may change the pricing for products on a going‐forward basis at any time without notice to you. Not all Users will be subject to taxes; however we collect sales tax on all Orders for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause the need for adjustment, such as variances between processor programs and changes in tax rates.
We may offer special promotional offers for products in our discretion. Promotional offers may or may not apply to you or your account. By using the Services, you agree to be bound by the terms of any such special offers. OurPharma reserves the exclusive right to determine whether you (or any purchase by you) is eligible for any claimed promotional offer, and you agree to be bound by our determination in all circumstances.
D. Shipping and Handling; Deliveries
You agree to pay the shipping and handling charges shown at the time you submit an Order. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time. In such an event, we will provide notice of the charges applicable to you before you make your purchase.
Please ensure that your shipping address is correct when placing an Order. We will deliver to the address provided by you when you make your Order. If you notice that the scheduled shipping address is incorrect, please email us at firstname.lastname@example.org or give us a call at 833‐290‐2654, and we will work to update the scheduled shipping address. Should your shipping address change, please update your address before the scheduled shipping date either via your account or by writing to us at email@example.com. Please note that because some of our products may be perishable, we cannot guarantee the condition of products upon delivery if your delivery address is incorrect or not updated before shipping, or if you change the delivery address while products are in transit, or if you are unable to retrieve the delivery on the scheduled delivery date and did not notify us before shipping.
We partner with commercial providers for shipping services. Actual delivery dates and times may vary. In some cases, delivery may occur prior to the scheduled delivery date or time. If you are not at the requested delivery location when your delivery arrives, the courier will generally leave the package at your door. Any individual at the designated delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In any case in which you have designated an alternate delivery address, the designated alternate person will be presumed to accept the delivery under all of the same terms and conditions that would apply to you. In certain areas or in certain situations, you may be able to request additional delivery instructions for Orders. We will address any such request on a case‐by‐case basis.
Products are individually labeled and packaged in accordance with all laws and regulations governing the labeling of 503B products. For perishable products, we package the products to best ensure quality and suitable conditions upon delivery, based on your requested delivery location and your anticipated delivery time. However, depending on your specific delivery location, and/or the season and temperature at the time of anticipated delivery, you may need to take additional precautions for proper receipt and storage of your products as soon as possible upon delivery.
There may be occasions where events beyond our control interfere with the delivery of your Order (for example: inclement
weather). In any such case, we will work with our shipping carrier to deliver your Order as soon as reasonably possible. In the event of a delivery delay, please inspect all products carefully upon receipt. If you believe that a product is not suitable on delivery for its intended use because of a delivery delay, please email us at firstname.lastname@example.org or give us a call at 833‐290‐2654 within 48 hours of receipt, and we will work to address the matter per our then‐current policies. Please attach photos of the item(s) to your communication. Upon reviewing your communication, we will instruct you on whether to return the products to us or destroy the products, or some other action.
In the event that timely delivery of your Order is not feasible, we will cancel your delivery of the affected Order and issue you a credit or refund of the purchase price for that Order.
E. Returns, Refunds, Cancellations, and Corrections
If you are not satisfied with your Order, please email us at email@example.com or give us a call at 833‐290‐2654within 48 hours of receipt. We will work to address all requests for returns, refunds, cancellations, and corrections per our then‐current policies. Depending on the circumstances, this may include replacement of the affected products, credit towards a future Order, or a partial or full refund. Please note that because some of our products are perishable, we may not be able to accept returns for those products. Please provide photos of the product and the reported damage/issue with your communication. Upon reviewing your communication, we will instruct you on whether to return the products to us or destroy the products, or some other action.
If your Order is returned to us because of an incorrect address or refusal of delivery when shipped according to these Terms, you will not be refunded and we will be required to discard all perishable products in the Order. If your Order is delivered late because of an incorrect address or if you are unable to retrieve the delivery on the scheduled delivery date and did not notify us before shipping, you will not be refunded for damaged products or other issues. If you would like us to reship an Order that was improperly addressed or not retrieved on the guaranteed delivery date, you will be charged the cost for the replacement shipment.
You may cancel an Order up to 48 hours after you make the Order if the product(s) have not shipped. You are responsible for any charges incurred before the cancellation request.
IN THE EVENT OF AN ERROR IN THE SERVICES, INCLUDING ERRORS IN ORDER PRICING, PROCESSING, OR DELIVERY, WE RESERVE THE RIGHT TO CORRECT THE ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND.
F. Your Obligations and Risks with Respect to Products
You are exclusively responsible for inspecting all products you receive from us upon delivery. You should inspect all products
for damage and other possible issues. To maintain the highest quality for perishable products, we recommend that you immediately freeze, refrigerate, and/or store at appropriate temperature those products upon delivery in accordance with the instructions for those specific products. If you believe that a product is damaged upon delivery, please email us at firstname.lastname@example.org or give us a call at 833‐290‐2654 within 48 hours of receipt, and we will work to address the problem per our then‐current policies. Please attach photos of the item(s) to your communication. Upon reviewing your communication, we will instruct you on whether to return the products to us or destroy the products, or some other action.
The use of products is exclusively at your own risk. You are exclusively responsible for the handling, preparation, storage, and use of all products. Without limiting the foregoing, you must handle, prepare, store, and use all products purchased via the Services strictly in accordance with (i) all applicable product instructions, practices, and recommendations for all products purchased by you (collectively, “Instructions”) that are provided with your Order; (ii) all applicable Instructions and information from the product manufacturer; and (iii) all U.S. Food and Drug Administration’s (“FDA”) Instructions, which can be found on their website. Failure to follow Instructions will be a breach of these Terms and may increase the risk of damage to products and/or injury. Without limiting the generality of the foregoing, pregnant women, young children, the elderly, and individuals with compromised immune systems must follow all Instructions specific to such groups, as well as all FDA recommendations for at‐risk groups. In addition, you are exclusively responsible for determining whether products are suitable for and compatible with your intended use before handling, storing, preparing, or using the products.
G. No Export
You agree that you will not purchase or direct shipment of a product for export.
H. User Liability for Terms of this Section 4
Failure to comply with any of the terms and obligations set out in this Section 4 will be a breach of these Terms and may result in termination of your account and prosecution for damages. You agree that OurPharma will not be liable, and you will indemnify, hold harmless, and reimburse OurPharma for any consequence, loss, damage, or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with any of the terms and obligations set out in this section.
5. Acceptable Use, Information, and Content on the Services
You will use the Services only in accordance with these Terms and applicable law. You will have exclusive responsibility and liability for your account. OurPharma is not responsible or liable for any User information or content, or any consequence, loss, or damage (direct or indirect) caused by or related to User information or content. You must actively monitor the access and use of the Services under or in association with your account. You will be solely responsible for all information, communications, and other material stored or uploaded by you and under or in association with your account. When you use or provide information on or via the Services, or otherwise use the Services, you represent and warrant that your use:
- Does not include personal, financial, or confidential information that you expect to be treated differently than as
- Does not include any personal, financial, or confidential information of any other person or entity without express
prior consent, or that is counterfeit or stolen;
- Does not include any content that implicates and/or references personal health information that is protected by the
Health Insurance Portability and Accountability Act or the Health Information Technology for Economic and Clinical Health
- Is not for any unlawful purpose or promote illegal activities;
- Is not false, fraudulent, or deceptive;
- Is not threatening, violent, abusive, harassing, defamatory, tortious, obscene, vulgar, pornographic, profane, contains or depicts nudity or sexual activity; discriminatory, or otherwise inappropriate;
- Is not unsolicited advertising, junk mailing, or spamming; does not use the Services to send altered, deceptive, or false information; and does not interfere with or disrupt (or attempt to) any User, host or network, including, but not limited to, sending a virus, overloading, flooding, spamming, or scripting the Services;
- Does not contain software viruses, malware/phishing, or another other computer mechanism designed to disrupt, damage, monitor, or interfere with the independent functioning of any equipment, software, or systems;
- Does not attempt by any method to determine or reverse engineer source code or underlying algorithms of any part
of the Services;
- Does not access or tamper with non‐public areas of the Services, including, but not limited to, our computer and network systems; breach or circumvent any security or authentication measures; scrape the Services without our prior written consent;
- Does not violate any contractual obligation;
- Does not sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms to any third party, or otherwise commercially exploit or profit from the Services in any manner, except as expressly permitted by these Terms;
- Does not infringe or violate the intellectual property or proprietary rights of OurPharma or any third party;
- Does not solicit Users or guests to use other on‐ or off‐line services that are competitive with OurPharma;
- Is not contrary to OurPharma’s public image, goodwill, or reputation;
- Does not falsely imply affiliation with or sponsorship by OurPharma without the prior written consent of OurPharma; or
OurPharma reserves the exclusive right to determine whether your use of the Services falls within any of the Prohibited Use and Content categories listed above. We may immediately terminate or suspend your account or use of the Services without notice to you in the event that, in our judgment, you violate this section. Accounts created to replace suspended accounts will be permanently suspended. Accounts engaging in any of these behaviors may be investigated for abuse.
Failure to comply with any of the terms and obligations set out in this Section 5 will be a breach of these Terms. You agree that OurPharma will not be liable, and you will indemnify, hold harmless, and reimburse OurPharma for any consequence, loss, damage, or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with any of the terms and obligations set out in this section.
6. Our Rights as OurPharma
OurPharma exclusively owns and holds all right, title, and interest in and to the Services and all information and content published by OurPharma via the Services. You acknowledge that you do not acquire any such rights by using the Services. The Services are currently (or may be in the future) protected by copyright, trademark, patents, trade secrets, and other laws of both the United States and foreign countries. Other than as expressly provided in these Terms, you do not have any right to use, copy, or imitate the name “OurPharma” “or any of the OurPharma trademarks, logos, domain names, distinctive brand features, or other intellectual property or content, in whole or in part, without our prior written permission.
You grant OurPharma a non exclusive, limited, revocable license during the term to upload, use, copy, store, transmit and display User information to the extent necessary to provide the Services to you. We acknowledge that all right, title, and interest in and to User information will remain exclusively with User; provided however that OurPharma is permitted to aggregate and use generalized and anonymized User information without identifying User for any purpose in its sole discretion, including, but not limited to, for improving the Services or for developing additional Services.
We reserve the right to terminate, suspend, or refuse to provide all or any part of the Services, to suspend or terminate any User, and to reclaim usernames – all at any time and for any reason in our sole discretion, and without liability to you. Feedback, ideas, and suggestions you provide (“Feedback”) about OurPharma or the Services is welcome and is entirely voluntary.
You grant OurPharma a perpetual, irrevocable, worldwide license to use any of your Feedback for modifying the Services. This license includes all intellectual property rights in all Feedback, without compensation, without any obligation to report on use, and without any other restriction. We may use Feedback in any and every way, including granting sublicenses.
7. Marketing and Promotional Communications
The Services may include advertisements and other marketing messages from OurPharma and its third‐party partners. The form and frequency of advertising and marketing messages on the Services may change without notice to you. By using the Services you agree that OurPharma and its third‐party partners may advertise on and through the Services.
8. Support Services
We will respond to all questions about or relating to the Services within a reasonable period of time during normal business hours. We will use commercially reasonable efforts to ensure that the Site is accessible 24 hours a day, 7 days a week and to minimize the amount of time the Site is unavailable. We are not responsible for Users’ internet connections and equipment. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable. Please feel free to contact us with respect to any questions about technical support at email@example.com or give us a call at 833‐290‐2654.
9. Confidential Information; Disclosure of User Information
Each party will use the non‐public and/or proprietary information of the other party only as required in connection with the Services or as expressly required in these Terms. The parties acknowledge that a breach of any such information obligation could cause irreparable harm for which monetary damages would be inadequate. If any such breach occurs or is threatened, the party who disclosed the applicable information will be entitled to seek an injunction, a restraining order, or other equitable remedy. That party will not need to post a bond or other security or provide proof of actual damages.
We will seek to protect your information from disclosure in most instances as a general policy. However, we reserve the right to access, read, preserve, and disclose any User information that we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests; and (v) protect the rights, property, or safety of OurPharma, our Users, and the public.
These Terms will continue to apply until your use of the Services is terminated by either you or OurPharma, which either party may do in its discretion at any time and for any reason. Without limiting the generality of the foregoing, examples of when
OurPharma may suspend or terminate your account (or quit providing all or part of the Services) include, but are not limited to, our belief that: (i) you have violated these Terms or other published policies, (ii) you create risk of or possible legal exposure for OurPharma; or (iii) the Services are no longer commercially viable. Notwithstanding the foregoing, for Users with a PPA, the PPA will control and govern with respect to termination.
Upon termination of the agreement established by these Terms, User will pay to OurPharma all amounts due and owing as of the date of termination.
In all such cases, your license to use the Services will automatically be canceled, except that the following sections will continue to apply: 2, 3, 4, 5, 6, 9, 10, 11, 12, and 13, as well as any other provision that would logically survive termination or expiration.
11. Disclaimers and Limitations of Liability; Your Risks and Responsibilities
PLEASE READ THIS SECTION CAREFULLY. This section limits the liability of OurPharma and its past, present, and future parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “OurPharma Entities”). BY USING THE SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY THIS SECTION. Each subsection below applies to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation of liability in contracts, and, as a result, the contents of these sections may
not apply to you.
A. Use is at Your Own Risk; The Services are Available “AS‐IS”
OurPharma has no doctor/patient, fiduciary, or other special relationship with you. YOUR ACCESS TO AND USE OF THE SERVICES
ARE AT YOUR OWN RISK. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
To the maximum extent permitted under applicable law, except as expressly set out in these Terms, THE OURPHARMA ENTITIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‐INFRINGEMENT, TITLE, SECURITY, ACCURACY, AND ANY WARRANTIES IMPLIED BY PERFORMANCE OR USE. OURPHARMA DOES NOT WARRANT THAT THE SERVICES OR ANY PRODUCTS MADE AVAILABLE VIA THE SERVICES ARE ERROR‐FREE. THE SERVICES MAY ALSO BE SUBJECT TO INTERRUPTIONS AND DELAYS INHERENT IN THE USE OF THE INTERNET.
The OurPharma Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services; (ii) any harm that results from your access to or use of the Services or your purchase or use of any products via the Services; (iii) the deletion of, or the failure to store or to transmit, any information and other communications maintained by the Services; (iv) whether the Services or any product purchased via the Services meet your requirements or are available on an uninterrupted, secure, or error free basis; and (v) any third‐party claims, consequence, loss, or damage (direct or indirect) arising in any way out of or related to use of the Services, your purchase or use of any product via the Services, or these Terms. No advice or information, whether oral or written, obtained
from the OurPharma Entities or through the Services, will create any warranty not expressly made in these Terms.
IT IS THE EXCLUSIVE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, DEPENDABILITY, USEFULNESS AND MARKETABILITY OF ANY PRODUCT, SERVICE, SOFTWARE, CONTENT, OR INFORMATION AVAILABLE THROUGH THE SERVICES OR OBTAINED FROM ANOTHER USER, THIRD PARTY, OR LINKED SITE.
B. Third‐Party Links and Resources
The Services may contain promotion of or links to third‐party products, websites, and resources. Except as expressly set out on the Services, you acknowledge and agree that the OurPharma Entities are not responsible or liable for: (i) the availability or accuracy of such products, websites, or resources; (ii) the content, products, or services on or available from such websites or resources; and (iii) any consequence, loss or damage (direct or indirect) arising from such products, websites, or resources. Inclusion of printed materials about or links to such products, websites, or resources do not imply endorsement by the OurPharma Entities of the websites, resources, or the content, products, or services available from the websites or resources. You acknowledge sole responsibility for and assume all risk of your use of any third‐party product, website, or resource.
C. Third‐Party Providers and Partners
OurPharma relies on third‐party providers and partners for parts of the Services. OurPharma also may from time to time in its
discretion engage third parties to perform Services. Except as expressly set out on the Services, you acknowledge and agree
that the OurPharma Entities are not responsible or liable for: (i) the availability, functionality, or accuracy of the parts of the
Services provided by third‐party providers and partners; (ii) any interruption, delay, suspension, or termination of the Services
as a result of third‐party providers and partners; and (iii) any consequence, loss, or damage (direct or indirect) arising from or relating to third‐party providers and partners. On written request by a User, OurPharma will provide (within a reasonable time) a list of the non‐confidential third‐party providers and partners that are used for the Services. Without limiting the generality of the foregoing, USER ACKNOWLEDGES THAT OURPHARMA IS NOT RESPONSIBLE FOR ANY INTERRUPTIONS OR DELAYS CAUSED BY ITS OR USER’S INTERNET SERVICE PROVIDERS.
D. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OURPHARMA ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD‐WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY ON OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE AND DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY PRODUCTS PURCHASED, USED, OR ACCEPTED VIA THE SERVICES, OR CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF THE SERVICES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE OURPHARMA ENTITIES EXCEED THE LESSER OF ONE THOUSAND U.S. DOLLARS (U.S. $1,000.00) OR THE AMOUNT YOU PAID OURPHARMA, IF ANY, FOR THE SPECIFIC SERVICES OR PRODUCTS GIVING RISE TO THE CLAIM. THE FOREGOING REMEDY WILL CONSTITUTE THE OURPHARMA ENTITIES’ SOLE LIABILITY AND OBLIGATION WITH RESPECT TO ANY CLAIM BY YOU.
THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON PERSONAL INJURY, PROPERTY DAMAGE, WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT THE OURPHARMA ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET OUT IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED
HIS OR HER SETTLEMENT WITH THE DEBTOR.”
By using the Services, to the maximum extent permitted by applicable law, you agree to indemnify, hold harmless, and reimburse OurPharma and its past, present, and future officers, directors, employees, agents, representatives, partners, and all other affiliates harmless for all claims and liabilities (actual and threatened), obligations, settlements, losses, expenses, debts and damages (including costs and attorneys’ fees) (collectively, “Claims”) that arise from or relate to (i) your breach of any part of these Terms, including, but not limited to, any activity and content associated with your account (whether by you or a third party), (ii) any allegation that any materials you submit to us or through the Services infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (iii) your activities in connection with the Services or other websites to which the Services are linked; and/or (iv) your negligent or willful misconduct; unless a court of competent jurisdiction enters a final judgment that the Claim was the result of affirmative and intentional actions or omissions by OurPharma. You agree to promptly notify OurPharma of any third‐party Claims arising from or relating to your use of the Services. OurPharma reserves the right to assume exclusive control of and direct the defense or settlement of any Claim otherwise subject to indemnification by you. You agree to assist and cooperate with OurPharma in the defense upon request.
A. Waiver and Severability
The failure of OurPharma to enforce any right or term of these Terms will not be a waiver of the right or term. In the event that any term is held to be invalid or unenforceable, then that term will be limited or eliminated to the minimum extent necessary, and the remaining parts of these Terms will stay in full force and effect. In such an instance, the parties agree that a court should give effect to the parties’ intentions as reflected in the term.
B. Controlling Law and Jurisdiction
These Terms and any dispute related to the Terms will be governed by the laws of Arkansas without regard to conflicts of law principles. Subject to the dispute resolution terms set out in Section 14.C below, all claims, legal proceedings or litigation arising in connection with the Services will be brought exclusively in the federal or state courts located in Washington County, Arkansas, United States, and you consent to the exclusive jurisdiction and venue of those courts.
C. Dispute Resolution
You agree that you will notify OurPharma in writing of any dispute or problem related to the Services. OurPharma will have
thirty (30) days to address the dispute or problem before you may file any legal action. The notice should be addressed to 2512 S. City Lake Road, Fayetteville, AR 72701.
Any dispute arising from or relating to the subject matter of these Terms that is not voluntarily resolved by the parties pursuant to the previous paragraph must be finally settled (i) for Users with a PPA, pursuant to the terms and conditions for dispute resolution as set out in the PPA; or (ii) for Users without a PPA, by arbitration in Washington County, Arkansas, by JAMS, Inc. (“JAMS”) or its successor, under the then applicable JAMS Comprehensive Arbitration Rules & Procedures. Judgment on or enforcement of the arbitration award may be entered in any court having jurisdiction. Any arbitration under this Agreement will take place on an individual basis: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the previous obligations, each party will have the right to start an action at any time for injunctive or equitable relief in the mandatory jurisdiction and venue established above.
D. Consent to Electronic Communication
By using the Services, you agree to receive all communications related to your use of the Services in electronic form, including, but not limited to, emails sent to the email address associated with your account, and/or posted notices on the Services. By using the Services, you agree that all agreements, notices, disclosures, and other communications that are provided electronically will satisfy all legal requirements that communications be in writing. All notices from OurPharma will be deemed effective when sent to the email address associated with your account, or when posted publicly on the Services.
E. Entire Agreement; Relationship to Other Agreements; Assignment
Certain services offered on the Services may require you to enter into a separate agreement and/or be subject to additional terms specific to that service.
The agreement established by these Terms is made for the sole benefit of OurPharma and User, and their respective successors and permitted assigns. Except as expressly provided in these Terms, no other person or entity is intended to or will have the rights or benefits under these Terms, whether as third‐party beneficiaries or otherwise. None of the Terms, nor any right, obligation, or remedy under the Terms is assignable, transferable, or sublicensable by you except with our prior written consent. Any attempted assignment, transfer, or sublicense without our prior written consent is null and void. OurPharma may assign, transfer, or delegate these Terms or any right or obligation or remedy under these Terms in its sole discretion.
F. Changes to Terms; Supplemental Terms
We may revise these Terms from time to time without notice to you. The most current version will always be at the following link: https://ourpharma.net/terms-of-service/. We may choose in our sole discretion to also notify you by email as a courtesy, but we are not required to. Any changes to the Terms will be effective on a going forward basis. By continuing to use the Services after revisions are effective, you will be bound by the revised Terms. If you do not agree with any updates to these Terms, you may not continue to use the Services. Be sure to return to this page periodically to ensure you are familiar with the most current version of these Terms.
G. Notices; Contact
General Notice. These Services are operated and provided by OurPharma Holdings, LLC, 2512 S. City Lake Road, Fayetteville, AR 72701. If you have any questions about the Services or these Terms, please contact us at firstname.lastname@example.org, calling us at 833‐290‐2654, or by writing to our mailing address.
Notice for California Users. Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: These Services are operated and provided by OurPharma Holdings. LLC, 2512 S. City Lake Road, Fayetteville, AR 72701. If you have any questions about the Services or these Terms, please contact us at email@example.com or by writing to our mailing address. California residents may reach the Consumer Assistance Unit of the Consumer Information Division of the California Department of Consumer Affairs, which may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952‐5210 or hearing impaired persons may dial 711, 1 800‐735‐2929 (TTY), or 1‐800‐735‐2922 (Voice) for California Relay Service.
Please feel free to contact us with respect to any questions about the Services or these Terms at:
- 2512 S. City Lake Road, Fayetteville, AR 72701
By registering for and/or using Services in any manner, including but not limited to visiting or browsing the OurPharma Site, you agree to and will be bound by all of the terms and conditions contained in these Terms, and all additional terms, conditions, rules, policies, and/or procedures that may be published by OurPharma from time to time on or through the Services, each of which is incorporated by reference and may be updated by OurPharma at any time without notice to you. These Terms apply to all users of the Services without exception.
Effective: July 2021