Important Terms of Use

PharmacyGrabber.com, ("PharmacyGrabber") operates the PharmacyGrabber Internet shopping site and co-branded shopping sites (collectively, the "Site"). You may only use the Site pursuant to the following terms and conditions, which you agree to accept by your use of the Site. Use of the Site is subject to additional terms and conditions defined by our content providers ("Licensors") as stipulated on applicable pages of the Site, which you also agree to accept by your use of the Site. PharmacyGrabber reserves the right to modify or revise these Terms of Use and/or Privacy Statement or its other policies at any time at its sole discretion. Any such modifications shall be effective within fifteen (15) days of being posted on the Site. You are bound by such modification or revision, and should therefore visit this page frequently to review the terms. Your continued use of the Site following PharmacyGrabber's posting of any changes or modifications to these Terms of Use and/or Privacy Statement will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of these Terms of Use and/or Privacy Statement, you should not continue to use the Site.

LICENSE AND SITE ACCESS

PharmacyGrabber grants you a license to access and use the Site for educational, personal, noncommercial purposes. This license does not include and strictly prohibits: any resale of the Site or its contents; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by United States copyright laws and international covenants and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of PharmacyGrabber. Any unauthorized use shall immediately terminate the license granted by PharmacyGrabber and any Licensors hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray PharmacyGrabber, its subsidiaries, its affiliates, Licensors, co-brand partners and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive matter. You may not use any PharmacyGrabber, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of PharmacyGrabber, the subsidiary, the affiliate, the co-brand partner or other partner or Licensor (as applicable).

PharmacyGrabber does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within PharmacyGrabber's control.

CONTENT AND OTHER INFORMATION

PharmacyGrabber provides a number of different services to assist you in comparison shopping for products on the Site. PharmacyGrabber provides information regarding products and third-party merchants, and links to third-party merchants that are selling listed products PharmacyGrabber is paid by merchants or other third parties for listing products on the Site and for promotions such as featured merchants, featured products and showcases. The products listed on the Site are sold by third party merchants, and are not sold by PharmacyGrabber.

PharmacyGrabber does not sell, resell or license any of the products listed on the Site, nor is PharmacyGrabber acting as an agent of sale, and PharmacyGrabber disclaims any responsibility for, or liability related to, such products (see Disclaimer of Warranties and Limitation of Liability below). Any questions, complaints or claims related to any product should be directed to the appropriate merchants or seller.

PharmacyGrabber does not warrant that product descriptions, pricing, editorial commentary or any other content of the Site or in the Storefronts section of the Site, regardless of its source, is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and does not constitute an endorsement by PharmacyGrabber of any product, merchant, seller, or service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Limitation of Liability below). PharmacyGrabber assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, user product rating) or other content on the Site.

CONTENT SUBMISSION TO PHARMACYGRABBER

By contributing or submitting any content to the Site, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant PharmacyGrabber a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of PharmacyGrabber, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. PharmacyGrabber reserves the right to change, condense or delete any content on the Site that PharmacyGrabber deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.

You agree that you shall not post any information:

• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other web sites, addresses, email addresses, contact information or phone numbers;
• or that contains any computer viruses, worms or other potentially damaging computer programs or files.

OTHER BUSINESSES AND LINKS TO OTHER SITES

PharmacyGrabber and its subsidiaries are not merchants and do not list products for sale through the Site. All products, services and other offerings on the Site are made by third-party merchants, Members who sell products through the Storefronts Service, service providers or advertisers. In addition, PharmacyGrabber may provide links to the sites of third-party merchants, affiliated companies, co-brand partners and other partners. These links are provided solely as a convenience to you, and such provision does not constitute an endorsement by PharmacyGrabber of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. PharmacyGrabber is not responsible for examining or evaluating, and does not warrant in any way, the products, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites. PharmacyGrabber does not assume any responsibility or liability for the actions, product or content of these or any other third parties. You should carefully review their privacy statements and other conditions of use.

In the event of a dispute between you and a merchant listed on the Site, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE PHARMACYGRABBER, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, , LEGAL REPRESENTATIVE AND EMPLOYEES FROM CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

If you are a California resident, by using the Site, you explicitly waive the rights granted to you 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 favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY PHARMACYGRABBER ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PHARMACYGRABBER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMISSABLE BY APPLICABLE LAW, PHARMACYGRABBER SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PHARMACYGRABBER DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. PharmacyGrabber DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM PHARMACYGRABBER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMISSABLE BY APPLICABLE LAW, PHARMACYGRABBER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.

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. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH PHARMACYGRABBER'S PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

INDEMNITY

You agree to defend, indemnify and hold PharmacyGrabber, its subsidiaries, affiliates, co-brand partners or other partners, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Site or your breach of these Terms of Use and Privacy Statement. PharmacyGrabber shall provide notice to you promptly of any such claim, suit or proceeding.

GOVERNING LAW

These Terms of Use and Privacy Statement will be governed by and construed in accordance with the laws of the State of Florida, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby. Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force.

INFRINGEMENT

The Site, its content, format, design, user interface and PharmacyGrabber logos are the intellectual property of PharmacyGrabber, its Licensors and business partners. Nothing contained in this Terms of Use and Privacy Statement grants you permission to duplicate any of the Site's components or other PharmacyGrabber intellectual property or the intellectual property of its subsidiaries, affiliates, Licensors, co-brand partners or other partners, or of PharmacyGrabber's business partners, or to utilize them in a manner that constitutes infringement in the United States or any other country in which the Site is available for use. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content of the Site is strictly prohibited.

GENERAL

If any provision of these Terms of Use and Privacy Statement is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

ASSIGNMENT

You agree that these Terms of Use and Privacy Statement and all agreements and notices incorporated herein may be automatically assigned by PharmacyGrabber, in our sole discretion, to a third party. You may not assign your obligations to any other entity.