Retailmymeds.com Terms and Conditions

Effective date: February 8, 2023

 

THESE RETAILMYMEDS.COM TERMS AND CONDITIONS (THESE “TERMS”) CONTAIN A BINDING ARBITRATION PROVISION AND A WAIVER OF JURY TRIALS. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION SECTION BELOW. PLEASE READ CAREFULLY.

 

Welcome to Retailmymeds.com. Your use of this site is subject to these Terms. You accept these Terms by visiting and using this site. Please read them carefully. If you are a party to a separate agreement with Retailmymeds, LLC (“Retailmymeds”), in connection with or related to the Retailmymeds.com services (your “Primary Agreement”), then these Terms apply to the extent that your use of this site is not already governed by your Primary Agreement. For any conflict between these Terms and your Primary Agreement, your Primary Agreement will control.

 

PRIVACY NOTICE

 

For information regarding how Retailmymeds uses your personal data, please review Retailmymeds’ Privacy Notice.

 

ELECTRONIC COMMUNICATIONS

 

You consent to receive all communications from Retailmymeds electronically. Retailmymeds will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that Retailmymeds provides to you electronically satisfy any legal requirement that such communications be in writing.

 

PRICING AND PAYMENT

 

Pricing and payment terms and conditions for the Retailmymeds.com services are governed by your Primary Agreement. Retailmymeds may terminate your access to the Retailmymeds.com site or services for failure to comply with the terms of your Primary Agreement.

 

INTELLECTUAL PROPERTY

 

The Retailmymeds.com site and services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Retailmymeds.com site and services for the purposes described by us. Retailmymeds reserves all other rights in the Retailmymeds.com site and services. Retailmymeds grants you a personal, limited, revocable, nonexclusive, non transferable license to use the Retailmymeds.com site and services during the term of your Primary Agreement. Except for the limited use rights expressly granted in this paragraph, you have no right, title, or interest in or to the Retailmymeds.com site or services or any connected or related intellectual property rights.

 

You agree not to (i) modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile, or attempt to decipher any code in connection with or relating to the Retailmymeds.com site or services; (ii) knowingly or negligently access or use the Retailmymeds.com site or services in a manner that abuses or disrupts Retailmymeds’ networks, security systems, user accounts, or services, or attempt to gain unauthorized access to any of the foregoing through unauthorized means; (iii) transmit through the Retailmymeds.com site or services any material that is deemed abusive, harassing, obscene, slanderous, fraudulent, libelous, or otherwise unlawful, as determined by Retailmymeds in its sole discretion; (iv) market, offer to sell, or resell the Retailmymeds.com site or services, except that you may identify the Retailmymeds.com site or services to your customers in support your proprietary service offerings; and (v) if you are a Retailmymeds competitor, use the Retailmymeds.com site or services directly or indirectly for competitive benchmarking or other competitive analysis, unless permitted under applicable law. Retailmymeds may terminate your access to the Retailmymeds.com site or services for failure to comply with the terms of this section.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RETAILMYMEDS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RETAILMYMEDS DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RETAILMYMEDS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAILS SENT FROM RETAILMYMEDS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF RETAILMYMEDS FOR ALL CLAIMS IN CONNECTION WITH OR RELATING TO THESE TERMS WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE RETAILMYMEDS.COM SERVICES DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. RETAILMYMEDS IS NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (B) DAMAGES IN CONNECTION WITH OR RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET RETAILMYMEDS’ SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF RETAILMYMEDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH SETS FORTH THE ENTIRE LIABILITY OF RETAILMYMEDS IN CONNECTION WITH OR RELATED TO THE RETAILMYMEDS.COM SITE AND SERVICES AND THEIR USE.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

INDEMNIFICATION

 

You agree to indemnify and hold Retailmymeds harmless from any and all claims, liability, and expenses, including reasonable attorney’s fees and costs, arising out of your use of the Retailmymeds.com site and services or breach of these Terms. Retailmymeds reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by Retailmymeds in the defense of any claims.

 

GOVERNING LAW

 

These Terms are governed by and will be construed in accordance with the laws of the Commonwealth of Kentucky, without regard to conflict of laws principles.

 

ARBITRATION

 

You agree to attempt to resolve all claims, disputes, and controversies relating to or arising in connection with these Terms through good faith negotiations. If those are not successful, the claim, dispute, or controversy must be referred to a neutral mediator. If mediation is not successful, the claim, dispute, or controversy must be submitted to binding and final arbitration under the rules of the American Health Law Association. In no event may a demand for arbitration be made after the expiration of the relevant statute of limitations to initiate a legal or equitable proceeding based on the claim, dispute, or other matter in question. You and Retailmymeds will select a mutually agreeable arbitrator. If you and Retailmymeds cannot agree on the selection of arbitrator within five business days after the demand for arbitration, the American Health Law Association will appoint the arbitrator in accordance with its rules. All mediation and arbitration must take place in the Commonwealth of Kentucky. While arbitration is ongoing, you and Retailmymeds will equally pay for the costs of arbitration, except that each party will bear the expense of its own attorney’s fees and costs. The prevailing party in any arbitration will be entitled to recover from the other party, in addition to any other remedies, all reasonable attorney’s fees, costs, and other expenses it incurred in connection with or relating to the arbitration. Judgment upon the award rendered may be entered in the appropriate court with jurisdiction over the County of Clinton, Kentucky. Application may be made to the appropriate court with jurisdiction over the County of Clinton, Kentucky, for judicial acceptance of any award and an order of enforcement. Each party knowingly and voluntarily waives its right to a trial by jury.

 

TERMINATION

 

Retailmymeds may, in its sole discretion and without notice, restrict, deny, or suspend the Retailmymeds.com services effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity, or unauthorized access issues, to protect the integrity of the Retailmymeds.com site or services or systems, to comply with applicable Retailmymeds.com policy, or if you fail to comply with these Terms or no longer agree to receive electronic communications. Upon termination, you must immediately stop using the Retailmymeds.com site and services.

 

NOTICES

 

All legal notices required by these Terms must be in writing and will be considered duly given if (i) emailed with confirmed receipt; (ii) hand delivered; or (iii) mailed by certified mail with return receipt requested, registered mail, or by an overnight courier of general commercial use (such as UPS or Federal Express), addressed as follows:

 

 

Retailmymeds, LLC  

℅ Arica Collins

104 E Cumberland St.

Albany, KY 42602

info@retailmymeds.com

 

SEVERABILITY

 

If any of these terms or conditions are deemed invalid, void, or for any reason unenforceable by a court or administrative agency of competent jurisdiction, such term or condition will be severable from the other terms and conditions and will not affect the validity and enforceability of any remaining term or condition.

 

UPDATES

 

Retailmymeds may revise these Terms, including changing, deleting, or supplementing with additional terms and conditions from time to time in its sole discretion. Retailmymeds will post the revised terms on this site. PLEASE REVIEW THIS SITE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY REVISIONS. IF YOU CONTINUE TO USE THE RETAILMYMEDS.COM SITE OR SERVICES AFTER THE REVISIONS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED TERMS. You agree that Retailmymeds will not be liable to you or to any third party for any revision to the Terms.