This website including any content, functionality, and services offered on or through this website and its associated domains and sub-domains (collectively, the “Website”), is operated by Fricks Pharmacy Inc., a Florida Corporation or its affiliate(s) (“we” or “us”).
The parties agree as follows:
2. THE WEBSITE IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL ADVICE
The text, graphics, images, software applications, information and other material contained on the Website (“Content“) are for informational purposes only. The Content is not intended to replace or be a substitute for professional medical advice, diagnosis, or treatment. It is your sole responsibility to check product information, including drug packets inserts, regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any drug or supplement discussed on the Website. Always seek the advice of your physician, pharmacist, or other qualified health provider with any questions you may have regarding a medical condition, before staring any new medication or treatment or the proper use of pharmaceutical products. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.
3. FRICKS PHARMACY DOES NOT ENDORSE OR RECOMMEND ANY SPECIFIC PRODUCTS OR SERVICES
Fricks Pharmacy contracts with various pharmaceutical companies to provide coupons, discounts and other Content to users of the Website. References to, or descriptions or images of, products or services (or related coupons and discounts) on the Website are not endorsements of such products or services and such products or services may be available by third parties. Fricks Pharmacy does not recommend or endorse any specific tests, physicians, pharmacist, products, services, procedures, opinions, or other information that may be mentioned on the Website.
Moreover, “Fricks Pharmacy,” and all related names, logos, product and service names, designs and slogans are trademarks or service marks of Fricks Pharmacy. All other names, logos product and service names, designs and slogans on the Website are the trademarks or service marks of their respective owners.
4. FRICKS PHARMACY IS NOT RESPONSIBLE FOR THIRD-PARTY CONTENT
The Website may contain links to third-party web sites. Fricks Pharmacy is not responsible for the content of linked third-party sites, sites framed within the Website, third-party sites provided as search results, or third-party advertisements, and does not make any representations or warranties regarding the content or accuracy of any such content. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
5. WE MAY UPDATE OR OTHERWISE REVISE THESE TERMS AT ANY TIME
We reserve the right to change or otherwise modify these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued access or use of the Website after receiving notice of any the update, modification or other change to these Terms signifies your acceptance thereof.
6. YOU MUST MEET CERTAIN CONDITIONS TO USE THE WEBSITE
As a condition of your use of the Website, you warrant that you:
If you do not meet all of the following, you must immediately discontinue your use and access of the Website.
7. YOU ARE PROHIBITED FROM USING THE WEBSITE FOR CERTAIN PURPOSES
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, threatening, harassing or defaming any person, or attempting to do any of the foregoing.
In any manner that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real time activities through the Website.
Additionally, you agree not to, and you must not:
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
“Frame,” “mirror” or otherwise incorporate any part of this Website into any other website.
Otherwise attempt to interfere with the proper working of the Website.
In addition to any rights we may have or remedies we may pursue, we may deny your access to and use of the Website if we believe you have engaged in any activity prohibited under this Section.
IF YOU HAVE AGREED THAT WE CAN SEND YOU MESSAGES CONTAINING ADVERTISEMENTS OR OFFERS FOR GOODS AND SERVICES, WE MAY DO SO FROM TIME TO TIME AND MAY SEND SUCH OFFERS BY VOICE OR SMS (OR TEXT) MESSAGE TO THE MOBILE PHONE NUMBER YOU DESIGNATE FOR SUCH PURPOSE. Message and data rates for such SMS messages may apply. Your consent to receipt of such messages is not, and will not be, a condition to any purchase. If at any time you change your mind regarding your consent to such messages, you must contact us in accordance with these Terms.
9. INTELLECTUAL PROPERTY RIGHTS
The content and information on the Website is proprietary to us and/or our partners and providers and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property and proprietary rights laws.
You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, transmit, store, download, sell, or re-sell any information, software, products, materials or services obtained from or through the Website, except you may take such actions:
as necessary for, or incidental to, your use of the Website (such as storing files that are automatically cached to your internet browser); or
to make a reasonable number of copies of Website pages for your own personal, non-commercial use.
No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Fricks Pharmacy.
10. DISCLAIMER REGARDING INTERNATIONAL USE
Fricks Pharmacy makes no claim that the Website is appropriate or lawful for use or access outside the United States. Furthermore, our databases are located in the United States. If you access the Website from outside the United States, you dos so at your own risk. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and website access. By sending us your data, you consent to its transfer to and storage within the United States.
11. LIMITATIONS OF LIABILITY OF FRICKS PHARMACY AND ITS LICENSORS
You understand and agree that neither Fricks Pharmacy nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of the Website or the information resources contained or accessible through the Website. The access to and use of the Website and the Content is solely at your own risk. When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of Website and its suppliers. Accordingly, Fricks Pharmacy assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of The Website.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRICKS PHARMACY, ITS SUPPLIERS OR VENDORS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS OR PARTNERS (COLLECTIVELY, “FRICKS PHARMACY PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, ANY DEFECTS IN THE CONTENT, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY LIABILITY ON THE PART OF THE FRICKS PHARMACY PARTIES, IN THE AGGREGATE, SHALL NOT EXCEED U.S. $1,000. FRICKS PHARMACY PARTIES SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY USE OR MISUSE OF THE WEBSITE, CONTENT, OR SERVICES. Any claims arising in connection with your use of the Website, any Content, or services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
You acknowledge and agree that the limitations set forth above are fundamental elements of these Terms and the Website would not be provided to you absent such limitations.
12. DISCLAIMER OF WARRANTY
The Website and the content are provided on an “as is” basis. FRICKS PHARMACY, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, Fricks Pharmacy, its licensors, and its suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness, currency, or timeliness of the Content, products, software, functionality, text, graphics, links, or communications provided on or through the use of the Website or Fricks Pharmacy, including the substance, accuracy, or sufficiency of any service or product information listed on the Website.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Website.
That the Website will operate without interruption or error.
13. HOW TO CONTACT US
For questions or comments regarding these Terms, please contact us at Fricks Pharmacy 6472 Hwy 90 Unit B Milton, FL 32507, (850) 665-4657.
14. GOVERNING LAW AND VENUE
THESE TERMS AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
The state or federal courts sitting in Florida shall have exclusive jurisdiction and venue over any dispute arising out of these Terms and sale, and you hereby consent to the jurisdiction of such courts.
These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of these Terms by its express terms. The invalidity or unenforceability of any provision of these Terms shall not affect the validity of these Terms as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. The section headings used herein are for convenience only and shall not be given any legal import.
through the Products; and
in email, text, voice or other electronic communications between you and the Products.
us offline or through any other means; or
third parties, including through any application or content (including advertising) that may link to or be accessible from or on the Products.
What information do we collect?
We collect several types of information from and about users of the Products, including:
Information that may be used to personally identify or contact an individual, including your first name, last name, date of birth, email address, physical address, and telephone number (“Personal Information”).
Information relating to your present or future health or condition, the provision of health care to you, or payment for the provision of health care to you, including, your medication information (such as prescription number, medication name, dosage, refill dates, refill reminder dates) and diagnosis information (“PHI” and together with Personal Information, “Sensitive Information”).
Information about your geographic location from you or your device, including your country, region, city, zip code, street address, time zone, latitude, longitude, velocity, bearing, altitude and horizontal position representation information (“Geo-Location Information”).
Technical data and related information, such as information about your device, internet connection, system and application software, peripherals and other data related to your interactions with the Products (“Technical Information”).
Metadata and other information associated with other files stored on your device, such as camera images and photos (“Metadata”).
Information from your web browser about your activities over time and across third-party products, applications or other online services (“Online Tracking Information”).
How do we collect information?
We Collect Information That You Provide to Us. When you complete a transaction via our Products or otherwise fill out any forms located in/on the Products, or contact us electronically, we may collect the information you provide to us. This information may include your Sensitive Information. It is always your choice whether or not to provide Sensitive Information; however, if you choose not to provide requested Personal Information, you may not be able to use certain features of the Products.
We Collect Information Automatically. We may automatically collect information through cookies, flash cookies, web beacons and log files. The information we collect from these technologies may include your IP address, device ID, browser information, the page you request Geo-Location Information, Technical Information, Metadata and Online Tracking Information. We do not consider this information to be Personal Information. We do not automatically collect Sensitive Information, but we may tie automatically collected information to your Sensitive Information.
How do we use your information?
We may use your information that we collect, including your Sensitive Information, to:
fulfill the purpose for which you provided it, such as providing you with information, product, or services that you request from us;
provide support and other services to you related to the Products;
improve, market or promote our, products and services;
compile, synthesize, generate and analyze anonymous usage and other aggregated statistics and information;
notify you—including via SMS messages and mobile application push notifications—about your prescriptions (and about Product upgrades, special offers, updated information and other new products and services offered by us or our third-party partners;
make product and service recommendations to you, including manufacturer savings programs and health improvement programs focused on gaps in care; and
display advertisements, including advertisements from third parties.
We may also use your information for any other purpose we may describe when we collect your information or to which you otherwise consent.
Who do we share your information with?
We may disclose information that is not Sensitive Information without restriction for any lawful purpose.
our affiliates and subsidiaries;
our agents, vendors, contractors, doctors, health insurance companies (together, “Partners”) who are required to keep the information confidential, and only (i) to fulfill the purpose for which you provided such Sensitive Information (such as disclosing your full name, address, and medical information so that we may fill, or refill, your prescription), or (ii) to support our provision of Products;
another organization as part of a transaction or potential transaction where we merge with another organization, file for bankruptcy, or sell our assets or capital stock.
comply with legal process, law or regulation, or to comply with a governmental or regulatory request;
protect and defend our, or our Partner’s, rights or property;
act in urgent circumstances to protect the personal safety of users of the Products or the public.
We may also use your Sensitive Information for any other purpose with your consent.
FricksPharmacy, to the extent it is a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) has its own privacy and security obligations with respect to your PHI. We encourage you to contact us regarding their privacy and security practices (for more information regarding your rights under HIPAA, see http://www.hhs.gov/ocr/privacy).
use reasonable and appropriate safeguards to keep your PHI that we collect private and confidential;
alert you in accordance with the guidelines set forth under HIPAA if we are made aware of any unauthorized access to your PHI that we have collected; and
provide you access in a reasonable time and manner to your PHI we have collected and make any reasonably requested amendment thereto.
Acknowledgement regarding SMS messages and push notifications.
To the extent the Products enables you to send or receive SMS messages, the standard text messaging rates or other carrier charges may apply to such use. Further, to the extent the Products has push notification capability, by downloading such Product and clicking to allow push notifications, YOU CONSENT TO RECEIVE COMMUNICATIONS, INCLUDING COMMERCIAL COMMUNICATIONS FROM OR ON BEHALF OF US, PHARMACY AND PARTNERS.
Security of your Sensitive Information.
We maintain physical, electronic, and procedural safeguards designed to protect your Sensitive Information. These safeguards include storing your Sensitive Information on our secure servers behind firewalls and using encryption technology. Despite the actions and precautions we take, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of your Sensitive Information and you acknowledge and agree that you transmit it to us at your own risk. However, as noted above, we will alert you in accordance with the guidelines set forth under HIPAA if we are made aware of any unauthorized access to your PHI that we have collected.
Third-party products, services, and technologies.
Children’s and dependent’s privacy.
While the Products are not intended for use by children under the age of 13, certain caregivers may use these Products for the care of children under the age of 13. We apply the same rigorous privacy policies set forth in the Health Insurance Portability and Accountability Act of 1996 to children’s information. If you are aware of information that has been submitted to the Products on behalf of a child under the age of 13 and believes this submission was made in error or with malice intent, please report immediately to [email protected].
Additionally, when you submit Sensitive Information, on behalf of your dependents or patients, you warrant that you have the express permission of such person to do so. If you do not have permission to do so, you should not submit such Sensitive Information as you may be violating HIPAA.
Information Choices and Changes.
We may need to communicate with you about the Products, and we would like to make certain commercial offers available to you from time to time. As such, by signing up for our newsletter or by creating an account on the Products, you consent to receive commercial messages (whether by phone, email, text or push notifications) from us or our third party partners, and acknowledge and agree that your primary phone numbers and email addresses and other information may be used for the purpose of initiating commercial messages. We will allow you to opt-out of receiving commercial messages, but in order to stop receiving any messages from us whatsoever (including administrative messages regarding the Products), you will need to terminate your account.
Additionally, your web browser may allow you to opt-out of our collection of Online Tracking Information by selecting a “do not track” (or similar) setting. However, we do not currently have processes to address those settings or other “do not track” requests, and consequently, cannot guarantee that we will honor such requests. If you do not want us to collect this information, do not use the Products.
Information you voluntarily disclose.
Please keep in mind that whenever you voluntarily disclose Information through any public-facing features of the Products (for example, via public forums), that Information can be collected and used by others. You submit this Information at your own risk. We are not responsible for the security or privacy of any Information you choose to submit in connection with these public features.