Terms of Use
AGREEMENT BETWEEN
USER AND SMDRUGSTORE
The SMDRUGSTORE Web
Site comprises various Web pages operated by SMDRUGSTORE.
The SMDRUGSTORE Web Site is offered to you
conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the
SMDRUGSTORE Web Site constitutes your
agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF
USE
SMDRUGSTORE reserves the right
to change the terms, conditions, and notices under which the
SMDRUGSTORE Web Site is offered, including but
not limited to the charges associated with the use of the
SMDRUGSTORE Web Site.
LINKS TO THIRD PARTY
SITES
The SMDRUGSTORE Web
Site may contain links to other Web Sites ("Linked Sites").
SMDRUGSTORE does not control the Linked Sites
and SMDRUGSTORE is not responsible for the
contents of any Linked Site, including without limitation any
link contained in a Linked Site, or any changes or updates to a
Linked Site. SMDRUGSTORE is not responsible for
webcasting or any other form of transmission received from any
Linked Site. SMDRUGSTORE is providing these
links to you as a convenience only, and the inclusion of any
link does not imply endorsement by SMDRUGSTORE
of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use of the
SMDRUGSTORE Web Site, you warrant to
SMDRUGSTORE that you will not use the
SMDRUGSTORE Web Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may not
use the SMDRUGSTORE Web Site in any manner that
could damage, disable, overburden, or impair the
SMDRUGSTORE Web Site or interfere with any other party's
use and enjoyment of the SMDRUGSTORE Web Site.
You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available
or provided for through the SMDRUGSTORE Web
Sites.
MATERIALS PROVIDED TO
SMDRUGSTORE OR POSTED AT ANY SMDRUGSTORE
WEB SITE
SMDRUGSTORE does not claim ownership
of the materials you provide to SMDRUGSTORE
(including feedback and suggestions) or post, upload, input, or
submit to any SMDRUGSTORE Web Site or its
associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing, or submitting your
Submission you are granting SMDRUGSTORE, its
affiliated companies and necessary sublicensees permission to
use your Submission in connection with the operation of their
Internet businesses including, without limitation, the rights
to copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate, and reformat your
Submission; and to publish your name in connection with your
Submission. No compensation will be paid with respect to the
use of your Submission, as provided herein. SMDRUGSTORE
is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in
SMDRUGSTORE's sole discretion. By posting,
uploading, inputting, providing, or submitting your Submission
you warrant and represent that you own or otherwise control all
of the rights to your Submission as described in this section
including, without limitation, all the rights necessary for you
to provide, post, upload, input, or submit the
Submissions.
LIABILITY
DISCLAIMER
THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
SMDRUGSTORE WEB SITE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. SMDRUGSTORE AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
SMDRUGSTORE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
SMDRUGSTORE WEB SITE SHOULD NOT BE RELIED UPON
FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION. SMDRUGSTORE AND/OR
ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS
CONTAINED ON THE SMDRUGSTORE WEB SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. SMDRUGSTORE AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL SMDRUGSTORE AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SMDRUGSTORE
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
SMDRUGSTORE WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE SMDRUGSTORE WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SMDRUGSTORE WEB
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE, EVEN IF SMDRUGSTORE OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
SMDRUGSTORE WEB SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SMDRUGSTORE WEB SITE. SERVICE CONTACT:
webmaster@smdrugstore.com
TERMINATION/ACCESS
RESTRICTION
SMDRUGSTORE
reserves the right, in its sole discretion, to terminate your
access to the SMDRUGSTORE Web Site and the
related services or any portion thereof at any time, without
notice. GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Kentucky,
U.S.A. and you hereby consent to the exclusive jurisdiction and
venue of courts in Campbell County, Kentucky, U.S.A. in all
disputes arising out of or relating to the use of the
SMDRUGSTORE Web Site. Use of the
SMDRUGSTORE Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency
relationship exists between you and SMDRUGSTORE
as a result of this agreement or use of the SMDRUGSTORE
Web Site. SMDRUGSTORE's performance
of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in
derogation of SMDRUGSTORE's right to comply
with governmental, court and law enforcement requests or
requirements relating to your use of the SMDRUGSTORE
Web Site or information provided to or gathered by
SMDRUGSTORE with respect to such use. If any
part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and SMDRUGSTORE
with respect to the SMDRUGSTORE Web Site and
it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and
SMDRUGSTORE with respect to the
SMDRUGSTORE Web Site. A printed
version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the
same extent an d subject to the same conditions as other
business documents and records originally generated and
maintained in printed form. It is the express wish to the
parties that this agreement and all related documents be drawn
up in English.
COPYRIGHT AND TRADEMARK
NOTICES
All contents of the
SMDRUGSTORE Web Site are Copyright 2016 by
SMDRUGSTORE and/or its suppliers. All rights
reserved.
TRADEMARKS
The names of actual companies and
products mentioned herein may be the trademarks of their
respective owners. The example companies, organizations,
products, people, and events depicted herein are fictitious. No
association with any real company, organization, product,
person, or event is intended or should be inferred. Any rights
not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States
Code, Section 512(c)(2), notifications of claimed copyright
infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
See Notice and Procedure for Making Claims of Copyright
Infringement.