TERMS OF SERVICE

USER AGREEMENT

A. ACCEPTANCE OF TERMS

Your access to the ACCRX DBA ACC Apothecary mobile application and websites, including co-branded ACCRX DBA ACC Apothecary-affiliate websites (collectively, the “ACCRX DBA ACC Apothecary Digital Services”), is subject to the ACCRX DBA ACC Apothecary Privacy Policy, HIPAA Privacy Notice, and these Terms of Use.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE ACCRX DBA ACC Apothecary DIGITAL SERVICES. BY USING THE ACCRX DBA ACC Apothecary DIGITAL SERVICES, YOU AGREE TO THESE TERMS OF USE.

These Terms also govern your participation in any SMS or mobile communications programs offered by ACCRX DBA ACC Apothecary. If you opt in to receive text messages from us, the Mobile Terms & Privacy Summary governs such messaging.

B. MODIFICATION OF TERMS OF USE

The mobile application and this website are owned and operated by ACCRX DBA ACC Apothecary. ACCRX DBA ACC Apothecary reserves the right to change, modify, add or remove portions of these Terms of Use at any time and in its sole discretion. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of ACCRX DBA ACC Apothecary Digital Services following the posting of any changes to these Terms of Use means you accept and agree to such changes. As long as you comply with these Terms of Use, ACCRX DBA ACC Apothecary grants you a personal, non-exclusive, non-transferable, limited privilege to access and use ACCRX DBA ACC Apothecary Digital Services.

C. DISCLAIMER

All information provided through the ACCRX DBA ACC Apothecary Digital Services is subject to change without notice. While efforts have been made to make the mobile application and website helpful and accurate, due to the open nature of the ACCRX DBA ACC Apothecary Digital Services and the potential for errors in the storage and transmission of digital information, ACCRX DBA ACC Apothecary does not warrant the accuracy of information obtained from this website.

Product references or comparisons do not imply that all products referenced or compared are available, or in the case of functional equivalency, that performance and other characteristics are perfectly comparable. For critical products, confirm availability and review specifications prior to purchase.

CONTENT

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 ACCRX DBA ACC Apothecary Digital Services is owned, controlled or licensed by or to ACCRX DBA ACC Apothecary, and is protected by trade dress, copyright, patent and/or trademark laws, and/or various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of ACCRX DBA ACC Apothecary Digital Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including “framing” or “mirroring,” to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without ACCRX DBA ACC Apothecary’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 copyright notices, trademark legends, or other proprietary rights notices.

A. TRADEMARKS

The ACCRX DBA ACC Apothecary Digital Services contain many ACCRX DBA ACC Apothecary, ACCRX DBA ACC Apothecary, and third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in this website including copyright, trademarks, trade secret, and patent rights are reserved. Access to this website does not constitute a right to copy or use any of the intellectual property of ACCRX DBA ACC Apothecary, ACCRX DBA ACC Apothecary, or its partners, affiliates, customers, or suppliers. Statutory notice contained herein represents trademark status in the United States.

B. COPYRIGHT

All materials contained on this website are subject to the ownership rights of ACCRX DBA ACC Apothecary, ACCRX DBA ACC Apothecary, and/or its third-party customers and suppliers. Unless otherwise specifically provided, no permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this website.

C. SUBMISSIONS

All remarks, suggestions, ideas, graphics or other information communicated to ACCRX DBA ACC Apothecary through this website will forever be the property of ACCRX DBA ACC Apothecary. Unless otherwise specified in writing, all material submitted to ACCRX DBA ACC Apothecary will be presumed to be public and ACCRX DBA ACC Apothecary will not be required to treat the information as confidential.

D. LINKS TO THIRD-PARTY SITES

The ACCRX DBA ACC Apothecary Digital Services may be linked to other websites not maintained by ACCRX DBA ACC Apothecary or its affiliates. ACCRX DBA ACC Apothecary provides these links for your reference only and is not responsible for the content of those websites or any services offered through such third-party websites. The inclusion of any link to such websites does not imply endorsement, sponsorship, or recommendation by ACCRX DBA ACC Apothecary. ACCRX DBA ACC Apothecary disclaims any liability for links from another website to ACCRX DBA ACC Apothecary and to another website from ACCRX DBA ACC Apothecary.

E. HEALTH-RELATED CONTENT

Any health-related Content residing on the ACCRX DBA ACC Apothecary Digital Services 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 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 ACCRX DBA ACC Apothecary Digital Services and their health-related information and resources are not intended and must not be taken as the rendering of pharmaceutical, medical, nursing or professional health care advice or services. You should discuss the information provided with a licensed health care professional.

You understand and agree that in no event will ACCRX DBA ACC Apothecary be liable for any decision made or action taken in reliance on the information contained on, or accessible through, the ACCRX DBA ACC Apothecary Digital Services. Reliance on any information provided by, or otherwise appearing on, the ACCRX DBA ACC Apothecary Digital Services is solely at your own risk.

ACCESS & USE OF INFORMATION

Access to the ACCRX DBA ACC Apothecary Digital Services is limited to viewing linked web pages solely for legitimate business purposes to access information provided by ACCRX DBA ACC Apothecary. Any access or attempt to access other areas of the ACCRX DBA ACC Apothecary system for any purpose is strictly prohibited.

A. YOUR CONDUCT

You must be at least 18 years of age to use the ACCRX DBA ACC Apothecary Digital Services. You agree not to interrupt or attempt to interrupt the ACCRX DBA ACC Apothecary Digital Services’ operation or any other person’s use of the ACCRX DBA ACC Apothecary Digital Services.

You may not use the ACCRX DBA ACC Apothecary Digital Services or any Content for any unlawful purpose or prohibited purpose under these Terms of Use.

ACCRX DBA ACC Apothecary reserves the right to terminate or suspend your access to the ACCRX DBA ACC Apothecary Digital Services without notice if we believe, in our sole discretion, that you have violated these Terms of Use or any applicable law.

OTHER LEGAL RESTRICTIONS

A. DISCLAIMERS

THE ACCRX DBA ACC Apothecary DIGITAL SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ACCRX DBA ACC Apothecary DISCLAIMS ALL WARRANTIES INCLUDING ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

B. LIMITATIONS OF LIABILITY

IN NO EVENT WILL ACCRX DBA ACC Apothecary BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE ACCRX DBA ACC Apothecary DIGITAL SERVICES.

C. INDEMNIFICATION

You agree to indemnify and hold ACCRX DBA ACC Apothecary harmless from any claims or expenses arising from your violation of these Terms of Use or your use of the Digital Services.

D. GOVERNING LAW; DISPUTE RESOLUTION

These Terms are governed by the laws of the State of Texas. Venue shall be Dallas County, Texas.

MISCELLANEOUS

A. FEEDBACK & INFORMATION

ACCRX DBA ACC Apothecary welcomes your feedback. Any feedback submitted will be deemed non-confidential.

B. GENERAL INFORMATION

ACCRX DBA ACC Apothecary may monitor areas of the Digital Services and disclose information as required by law or to protect its rights.

C. PRIVACY NOTICE

Click here to read ACCRX DBA ACC Apothecary’s Privacy Policy.

Click here to read ACCRX DBA ACC Apothecary’s HIPAA Privacy Notice.

D. CALIFORNIA COMPLIANCE DECLARATION

ACCRX DBA ACC Apothecary affirms compliance with applicable California Health and Safety Code provisions.

The information contained in this website is subject to change without notice.

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