1. Agreement to Terms of Digital Services
Please read these Terms of Digital Services (these “Terms”) carefully before using Medly Pharmacy’s (“Medly” or “Company”) mobile application(s) and website(s) (the “Digital Services”). Your access to and use of the Digital Services is conditioned upon your acceptance of and compliance with these Terms.
By accessing or using the Digital Services you agree to be bound by these Terms. If you do not agree with these Terms, then you do not have permission to access or use the Digital Services.
Medly may change, modify, add or remove portions of these Terms at any time. You should periodically check these Terms for changes. Your continued use of Digital Services following the posting of any changes to these Terms will mean that you accept and agree to such changes. As long as you comply with these Terms, Medly grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Digital Services.
2. Content and Intellectual Property
All information, data, software, photographs, graphics, videos, text, images, logos, typefaces, sounds and other material (collectively “Content”), including but not limited to the selection, coordination, arrangement and enhancement of such Content, contained on the Digital Services is owned, controlled or licensed by or to Medly, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Digital Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Medly’s express prior written consent.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.
3. Health-Related Content
Any health-related Content on Medly’s Digital Services that describes general principles of health care should not be construed as specific instructions for individual patients. It is not intended as a substitute for a consultation with your physician, and should not be used to diagnose or treat a health problem without consulting your physician. It is for reference only and should not be used to determine treatment for specific medical conditions – because only a health care provider can do that. Medly’s Digital Services and their health-related information and resources are not intended and must not be taken as the rendering of medical, nursing or professional health care advice or services, or the practice of medicine, nursing or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin or supplement discussed on Medly’s Digital Services.
You understand and agree that in no event will Medly be liable for any decision made or action taken in reliance on the information contained on, or accessible through, Medly’s Digital Services. Reliance on any information provided by, or otherwise appearing on, Medly’s Digital Services is solely at your own risk.
Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a new diet, fitness or supplement regimen. If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately.
4. Links to Third Party Sites
Medly’s Digital Services may contain links to other third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Medly of the contents on such third-party websites. Medly is not responsible for the content of linked third-party sites and does not make any representation regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party website, you do so at your own risk.
6. Electronic Communications
When you use Medly’s Digital Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting messages or notices within Medly’s Digital Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Telephone Counseling Waiver
By accepting these Terms, you indicate that you do not wish to be contacted by telephone for medication counseling. You will be able to contact a licensed pharmacist at any time to ask questions about your medications via telephone at 718-782-7539 or e-mail firstname.lastname@example.org. Medly may from time to time contact you via telephone without your prior consent at its sole discretion.
8. Your Conduct
You must be at least 18 years of age to use the Digital Services. You agree not to interrupt or attempt to interrupt the Digital Services’ operation or any other person’s use of the Digital Services in any way. Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other user to enjoy the Digital Services will not be permitted, including by means of hacking or defacing any portion of the Digital Services, or by engaging in password “mining,” spamming, flooding or other disruptive activities.
You may not use the Digital Services or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Medly or others. You are prohibited from posting on or transmitting through the Digital Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent or racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Digital Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Digital Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Digital Services.
Medly reserves the right to terminate or suspend your access to and use of the Digital Services without notice, if we believe, in our sole discretion, that it is in violation of these Terms or any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party.
9. Accounts, Passwords and Security
Certain information or services offered on or through the Digital Services may require you to create an account (including setting up a User ID and password). You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Digital Services using your account or User ID. Medly cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
For your account, you agree to provide true, accurate, current and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Digital Services. Because any termination of your access to the Digital Services may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Digital Services.
Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or the Digital Services.
By using the Digital Services, you also acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to through the Digital Services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
10. Phone Policy
By providing your phone number (wireless or landline) to Medly, you expressly consent to Medly calling you at this phone number—in person or through an automated system.
YOUR USE OF THE CONTENT AND THE DIGITAL SERVICES IS AT YOUR OWN RISK. THE CONTENT AND THE DIGITAL SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. MEDLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. MEDLY DOES NOT WARRANT THAT: (I) YOUR USE OF THE DIGITAL SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE DIGITAL SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; OR (III) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE DIGITAL SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DIGITAL SERVICES IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL. YOUR SOLE REMEDY AGAINST MEDLY FOR DISSATISFACTION WITH THE DIGITAL SERVICES OR ANY CONTENT IS TO STOP USING THE DIGITAL SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Medly reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Digital Services, or any portion of thereof, for any reason; (ii) to modify or change the Digital Services, or any portion of thereof, and any applicable policies or terms; and (iii) to interrupt the operation of the Digital Services, or any portion of thereof, as necessary to perform routine or non-routine maintenance, error correction or other changes.
12. Limitations of Liability
IN NO EVENT WILL MEDLY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR THIRD PARTY VENDORS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE DIGITAL SERVICES OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY SUCH DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DEATH, LOST PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE DIGITAL SERVICES, THE CONTENT OR RELATED SERVICES, SUSTAINED BY ANY PERSON OR ENTITY, WHETHER OR NOT THERE IS NEGLIGENCE BY MEDLY AND WHETHER OR NOT MEDLY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MEDLY, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR THIRD-PARTY VENDORS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU HAVE PAID TO THE RESPECTIVE PARTY FOR THE DIGITAL SERVICES. MEDLY IS NOT LIABLE FOR THE UNAUTHORIZED USE OF OUR CONTENT BY ANY OTHER WEB SITES.
You agree to indemnify and hold Medly, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Medly by any third-party due to or arising out of or in connection to your violation of these Terms, or with your use of the Digital Services.
14. Governing Law; Choice of Forum; Dispute Resolution
If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms, all of which remain in full force and effect. You agree that all matters, including all disputes, relating to your access to or use of the Digital Services, including its Contents, will be governed by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts for Kings County, New York, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Medly and you arising out of or in connection with your access to or use of Medly’s information or the Digital Services, including its Contents, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
15. General Information
Medly may elect to monitor areas of the Digital Services by electronic or other means and may disclose any Content, records, submissions or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Digital Services; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors or merchants. We are not responsible for screening, policing, editing or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Digital Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Medly as a result of these Terms or use of the Digital Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Medly welcomes your questions or comments regarding these Terms.
If you have any questions or comments, please contact Medly Pharmacy at:
104 Graham Ave
Brooklyn, NY 11206
Email Address: email@example.com
Telephone number: 718-782-7539
Effective as of June 15, 2017