Terms & Conditions
Last Updated: July 28, 2020
Please read these Terms and Conditions (collectively, this “Agreement”). This Agreement has been prepared as a legally binding agreement between you and Pharmaca Integrative Pharmacy, Inc. (“we,” “us,” or “our”)
This Agreement applies conditions to your use of https://www.pharmaca.com/, https://www.pharmacarx.com/ and any other Pharmaca-operated website, app, or social media page that links to this any Pharmaca-operated website or application that links to this Agreement (collectively, the “Site”), and products purchased from Pharmaca. Please note that different or additional terms may apply to some services or features offered on this Site.
BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. DO NOT ACCESS THE SITE, PURCHASE PRODUCTS FROM THE SITE, OR USE THE SITE IN ANY WAY IF YOU DO NOT AGREE TO THIS AGREEMENT.
IMPORTANT NOTICE: YOUR USE OF THE SITE IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 11, REQUIRING ALL CLAIMS TO BE RESOLVED VIA BINDING ARBITRATION.
To jump to a section of this Agreement, click a link below:
- Revisions to this Agreement
- Product Purchases
- Site Ownership; Your License to Access this Site
- User Reviews and Other Submitted Content
- Your Privacy; Protection of Your Account Credentials
- Text Messages
- Third Party Websites
- Disclaimer of Warranties
- Limitation of Liability
- Agreement to Arbitrate
- Digital Millennium Copyright Act Procedure
- Miscellaneous Terms
- Contact Us
1. Revisions to this Agreement
We may revise and update this Agreement from time to time, and will post the updated Agreement to the Site. Unless otherwise stated in the amended version of the Agreement, any changes to this Agreement will apply immediately upon posting. We are not obligated to provide you with notice of any changes. Your continued use of this Site will constitute your agreement to any new provisions within the revised Agreement.
2. Product Purchases
For more information on how we address any returns, refunds, and other product issues, please see the current versions of our Return Policy and Shipping Information, which are incorporated into this Agreement by reference. In addition to these policies and other terms relating to product purchases on the Site, the following terms apply when you purchase a product on the Site:
A. Pricing; Payment. All prices are shown in U.S. dollars, valid only in the U.S., and are subject to change at any time. Pharmaca reserves the right to expire or modify any promotion at any time. Taxes, shipping and handling charges are additional. All prices and taxes are subject to change or adjustment without notice. You are responsible for paying all costs associated with your purchase, and for providing accurate and current payment information.
B. Shipping and Handling. You agree to pay the shipping and any handling charges shown on the Site. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only – actual delivery dates may vary. You are solely responsible for providing all information necessary for us to ship purchased products to you. For more information, please see our Shipping Information.
C. Availability. You agree to pay the shipping and any handling charges shown on the Site. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only – actual delivery dates may vary. You are solely responsible for providing all information necessary for us to ship purchased products to you. For more information, please see our Shipping Information.
D. Product Recall. In the event of a product recall, we will publish a notice on the Site and/or notify you via contact information provided to us. The notice will provide instructions on how to obtain a replacement for the recalled product. It is your responsibility to check the Site or to provide us with up-to-date contact information.
3. Site Ownership; Your License to Access this Site
A. Ownership. All written content prepared and posted by Pharmaca, and the Site design, layout, look, appearance, and graphics, as well as the trademarks, service marks, and logos contained on our Site (collectively, “Pharmaca Content”) are owned by or licensed to Pharmaca and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. Pharmaca reserves all rights not expressly granted in, and to, the Site and the Pharmaca Content.
B. License. On the condition that you comply with all your obligations under this Agreement, Pharmaca grants you a limited, revocable, non-exclusive, non-transferable license to access the Site. Any use of the Site in excess of this license is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use this Site. Except as otherwise provided in this Agreement, no part of the Site and no Pharmaca Content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial use without Pharmaca’s prior express written consent. Your access to this Site is provided on a temporary basis with no guarantee for future availability. We reserve the right to withdraw or modify any content or products we provide on the Site without notice.
C. Restrictions on Use of Site. In addition to complying with other terms and conditions applicable to your use of the Site, you agree that when using the Site, you will not:
- Delete, modify, or attempt to change or alter any of the Pharmaca Content or notices on the Site;
- Introduce into the Site any virus, rogue program, time bomb, drop dead device, back door, trojan horse, worm or other malicious or destructive code, software routines, denial of service attack, or equipment components designed to permit unauthorized access to the Site, or to otherwise harm other users, Pharmaca Content, or any third parties, or perform any such actions;
- Use the Site to commit fraud or conduct other unlawful activities;
- Access or attempt to access any other person’s account, information, or content without permission;
- Copy, modify, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Site is based;
- Use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for any reason;
- Use any Pharmaca Content made available through the Site in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
- Decrypt, transfer, frame, display, or translate (except translations for personal use) any part of the Site;
- Connect to or access any Pharmaca computer system or network without authorization; or
- Use the information in the Site to create or sell a similar service.
D. Site Availability. There may be times when the Site is unavailable due to technical errors or for maintenance and support activities. We do not represent, warrant, or guarantee that the Site will always be available or is completely free of human or technological errors. You must provide the equipment and Internet connections necessary to access the Site at your own expense. We do not guarantee that the Site will operate with your computer, mobile device, internet service plans, or mobile provider service plans or with any particular computer or other piece of hardware, software, equipment, or device you install on or used with your computer.
E. Right to Suspend or Terminate Access. Pharmaca may suspend or terminate, in whole or in part, your access to the Site and the related services if you violate this Agreement. If your violation of this Agreement is related to the purchase of a product on the Site, Pharmaca may also cancel or void any related purchase.
4. User Reviews and Other Submitted Content
The Site may include features that allow you to upload, submit, or send content through the Site (e.g., product reviews) (“Your Content”). This Section provides the terms and conditions governing your use of such features.
A. License to Your Content. By submitting Your Content to the Site, you grant Pharmaca a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, adapt, display, and perform Your Content in all media now known or hereafter created without attribution. You hereby waive all moral rights to Your Content. You represent and warrant that you have the necessary rights to Your Content, including the right to grant a license to your rights in this Agreement. Please do not submit Your Content to the Site if do not wish to grant us the rights set forth in this Section.
B. Prohibited Content. You agree that you will not use the Site to send, post, or publish:
- Any content that is obscene, defamatory, threatening, harassing, abusive, slanderous, racially, or ethnically offensive, hateful, or embarrassing to any other person or entity;
- Any content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to Pharmaca or any user or consumer or that is contrary to any instructions or warnings relating to the product;
- Any review of a product that does not reflect your lawful, honest, and good faith opinion or discloses any material conflict of interest or relationship that might influence your opinion;
- Any message, data, code, or software that would violate our, or any third party, proprietary, or intellectual property rights, including unauthorized copyright text, images, programs, trade secrets, or other confidential or proprietary information, or use trademarks or service marks in an infringing fashion;
- Any personal information of a third party, or images that include a third party or depict a third party’s likeness, without the third party’s prior written consent;
- Any advertisements or solicitations of business, chain letters, pyramid schemes, or bulk e-mail lists or upload;
- Any materials that violate, could cause us or a third party to violate, or encourage us or a third party to violate any applicable law, statute, ordinance, or regulation; or
- Any content or communications intended to impersonate someone else.
C. Your Responsibility for Your Content. Your Content is your sole responsibility. Under no circumstances will we be liable in any way for Your Content or for any loss or damage of any kind incurred as a result of the use of any of Your Content. Pharmaca further reserves the right to monitor, delete or modify any of Your Content that it deems offensive, inappropriate, advertising, illegal, off-topic or otherwise violates this Agreement.
D. Your Suggestions. We welcome your comments regarding the Site, Pharmaca Content, and our products. In addition to the license you grant to us, above, for Your Content, if you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials (collectively, “Suggestions”) to us in connection with or related to the Site and Pharmaca’s products (including any related technology), whether you send such in Suggestions to us through the Site or through a separate communication channel, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license under any and all rights in and to the Suggestions to use, reproduce, distribute, create derivative works of, adapt, display, perform, and otherwise exploit, and to make, have made, sell, offer to sell, and import any products and services incorporating or based on, Suggestions in any manner. Please do not send us such information or materials, if you do not wish to grant us the rights set forth in this Section.
5. Your Privacy; Protection of Your Account Credentials
6. Text Messages
With your permission, we may send you advertising text messages to the mobile phone number (if any) you have provided to us, including through the use of autodialing equipment. You acknowledge that granting us permission to contact you is not a condition for purchasing any property, goods, or services. Message and data rates may apply. If you do not wish to continue receiving such messages, you agree to reply STOP to any mobile message from us in order to opt out. You may receive an additional message confirming your decision to opt out.
7. Third Party Websites
The Site may include or provide links to other websites on the Internet that we do not control. These other websites may provide opinions, recommendations, or other information from various individuals, organizations, or companies. We are not responsible for the nature, quality, or accuracy of the content or opinions expressed on such websites and we do not investigate, monitor, or check them for quality, accuracy, or completeness. Inclusion of any linked website on the Site does not imply or express an approval or endorsement of the linked website by us or of any of the content, opinions, treatments, information, products, or services provided on these websites.
8. Disclaimer of Warranties
A. Medical Advice Disclaimer; Product Safety. The content of this Site is for informational purposes only and should not be used in place of a physician or other professional medical advice. If you think you might be experiencing a medical problem or condition, contact your regular health care provider immediately. Do not use this website to diagnose a health problem or disease. Information and statements about dietary supplements have not been evaluated by the Food and Drug Administration, and are not meant to diagnose treat, cure or prevent any disease. You are solely responsible for knowing about any allergies you may have and verifying the products and their contents before using such products. You should always consult with your physician or other health care professional (collectively, “Health Care Professional”), and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such a product.
B. Site. EXCEPT AS WE OTHERWISE EXPRESSLY PROVIDE IN THIS AGREEMENT, THE SITE AND ALL RELATED SITES ARE PROVIDED “AS IS”. WE AND OUR THIRD-PARTY LICENSORS DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF: (i) YOUR USE OR THE RESULTS OF YOUR USE OF THE SITE; (ii) ANY ADVICE YOU GLEAN FROM THE SITE WHETHER PROVIDED BY US OR A THIRD PARTY; OR (iii) ANY OTHER CONTENT AVAILABLE THROUGH THE SITE. WE DO NOT PROMISE THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THERE IS NO WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR THIRD-PARTY LICENSORS HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, OR CONTENT. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY CONCERNING ERRORS, OMISSIONS, DELAYS, OR DEFECTS IN THE SITE OR ANY INFORMATION SUPPLIED TO YOU VIA THE SITE, OR THAT FILES AVAILABLE THROUGH SITE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT INCLUDE OR MANIFEST CONTAMINATING OR DESTRUCTIVE CHARACTERISTICS.
C. Products. NO STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY US AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. WITHOUT LIMITING YOUR RIGHTS UNDER THE RETURN POLICY, PRODUCTS LISTED ON THE SITE ARE OFFERED AND SOLD “AS IS” AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ANY PRODUCT, DESCRIPTION, PHOTOGRAPH, PRICING, OR OTHER INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
D. Effect of Certain Laws. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS CONTAINED IN THIS AGREEMENT SHALL BE DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS FROM THE DATE OF PURCHASE OR ACCESS, AS APPLICABLE.
9. Limitation of Liability
A. Exclusion of Special Damages. NONE OF PHARMACA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, EMPLOYEES, ASSIGNEES, AND SUCCESSORS-IN-INTEREST (COLLECTIVELY, THE “PHARMACA PARTIES”) WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, DEMANDS, OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, RELATING TO THIS AGREEMENT, YOUR USE OF THE SITE, OR ANY INFORMATION OR PRODUCTS YOU OBTAIN FROM IT, OR ANY OTHER INTERACTION WITH THE SITE, AND YOU VOLUNTARILY AND UNEQUIVOCALLY WAIVE ANY LIABILITY OF THE PHARMACA PARTIES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE WILL BE TO STOP USING THE SITE.
B. Pharmaca’s Maximum Liability for Any Claim. IN ANY EVENT, THE MAXIMUM TOTAL LIABILITY OF THE PHARMACA PARTIES, FOR ANY CLAIM WHATSOEVER RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR USE OF THE SITE OR PURCHASE OF A PRODUCT THROUGH THE SITE, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND YOUR SOLE REMEDY, SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED THE LESSER OF ONE THOUSAND U.S. DOLLARS ($500.00 USD) OR THE AMOUNT THAT YOU HAVE SPENT ON PRODUCTS PURCHASED FROM THE SITE OVER THE PAST SIX MONTHS.
C. Limitations in Certain Jurisdictions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
D. State Law Waiver. In entering into this release you expressly waive any protections (whether statutory or otherwise), including Section 1542 of the California Civil Code if applicable, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
To the fullest extent permitted by applicable law, you agree to hold harmless, indemnify, and defend the Pharmaca Parties from and against any and all claims (including liabilities, damages, losses, costs, expenses, and reasonable attorneys’ fees): (a) alleging injury, damage, or loss resulting from your use of the Site; (b) alleging that Your Content infringes a copyright, patent, or trademark, or misappropriates a trade secret of a third party; (c) relating to any act or omission by you which is a breach of your obligations under this Agreement or applicable law; or (d) otherwise relating to your use of the Site or products purchased from the Site.
You will have the right to defend and compromise such claim at your expense for the benefit of the Pharmaca Parties; provided, however, you will not have the right to obligate the Pharmaca Parties in any respect in connection with any such settlement without the written consent of the indemnified party. Notwithstanding the foregoing, if you fail to assume your obligation to defend or if Pharmaca elects to defend such claims itself, the Pharmaca Parties may do so to protect their interests and you will reimburse all costs incurred by the Pharmaca Parties in connection with such defense.
11. Agreement to Arbitrate
A. Choice of Law. The validity, construction, and effect of this Agreement will be governed by the laws of the U.S. State of Colorado, without giving effect to that state’s conflict of laws rules.
B. Arbitration ProcedureAll disputes arising out of, or relating to, this Agreement (including formation, performance, breach, enforceability, and validity of this Agreement), our operation of the Site, or a purchase made through the Site shall be resolved by final and binding arbitration to be held in the English language in the County of Boulder, Colorado or another mutually agreed upon location pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable.
C. Waiver of Class Actions; Jury Trials. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
D. Injunctive Relief. Without prejudice to the agreement to resolve disputes in binding arbitration set forth in the previous paragraph, either party to this Agreement may obtain preliminary injunctive relief in a court of competent jurisdiction, for the purpose of enforcing any of the terms of this Agreement pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.
12. Digital Millennium Copyright Act Procedure
Pharmaca investigates notices of copyright infringement and takes appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c). All written notification, pursuant to the DMCA, must be submitted to the Pharmaca’s Copyright Agent at the following address:
Pharmaca Home Office
Attn: Copyright Agent
4940 Pearl East Circle, Suite 301
Boulder, CO 80301
Email: [email protected]
If you are a copyright owner or agent thereof and believe that third-party submitted content or materials, including photographs and digital images (“Third-Party Submission”), available through this Site infringes upon your copyrights, you may submit written notification, pursuant to the DMCA, to Pharmaca’s Copyright Agent, identified above. If you are uncertain whether Third-Party Submission infringes your or others’ copyrights or of the requirements for a DMCA-compliant notice, please consult with a copyright attorney prior to making a notice under the DMCA.
13. Miscellaneous Terms
A. Complete Agreement. This Agreement constitutes the entire agreement between you and Pharmaca relating to your use of, and access to, this Site and supersedes any prior or contemporaneous agreements or representations. This Agreement may not be amended except as set forth herein. For avoidance of doubt, notwithstanding this Section, this Agreement does not modify, revise, or amend the terms of any other agreements you may have with Pharmaca.
B. Severability. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.
C. No Waivers. Our failure to enforce or exercise any provision of this Agreement or related right will not constitute a waiver of that right or provision. This Agreement shall not be modified by any course of performance or course of dealing.
D. No Assignments and Transfers. No rights or obligations under this Agreement may be assigned or transferred by you, either voluntarily or by operation of law, without our express prior written consent and in our sole discretion.
E. No Third Party Beneficiaries. Subject to Sections 9 and 10, nothing in this Agreement will confer upon any person or entity, other than the parties, any rights, remedies, obligations, or liabilities whatsoever.
F. Notices. You shall provide any notices to us under this Agreement by e-mail or mail using the contact information provided below. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or through posting notices to your account. You are responsible for providing Pharmaca with up-to-date contact information, which you may do by updating your account information through the Site or by sending a message to us via the contact information provided below. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may print the communications for your records.
14. Contact Us
If you have any questions or need to contact us for any reason relating to fthis Agreement, you may contact us as follows: