This Internet site (“Site”) operated by Creative Pharmacist, L.L.C. (“Creative Pharmacist”, “we”, “our” and “us”) is governed by these Terms and Conditions. The term “you” or “your” includes any of your subsidiaries, affiliates, employees and parent or legal guardian. Your continued use of creativepharmacist.com constitutes acceptance of these Terms and Conditions (“Terms”), which may be modified by us from time to time without notice. The current version of this document will always be available on creativepharmacist.com, and it is your responsibility to review it on a regular basis. By continuing to use this site, you agree to be bound by any future changes published on creativepharmacist.com
Persons who are at least 13 years of age but under the age of 18 may only use our Site with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms.
If any portion of our Site requires you to register or open an account you may also be asked to choose a password and a user name. You are responsible for maintaining the confidentiality of the password and account, and you are responsible for all activities that occur under your password or account identification. We may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Creative Pharmacist be held liable to you for any liabilities or damages resulting from or arising out of any compromise of the confidentiality of your account or password or any unauthorized access to your account or use of your password.
Creative Pharmacist does not warrant that information, graphic depictions, product and service descriptions or other content of the Site is accurate, complete, reliable or error-free. It is possible that a price for a product or service offered on the Site may be inaccurate or the product or service description may contain an inaccuracy. In such event, we reserve the right to take any action we deem reasonable and necessary, in our sole discretion, to rectify the error.
Creative Pharmacist retains ownership of all intellectual property rights related to all content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, including any documentation, data, code, technical information and know-how provided. By use of this website, you agree that you must obtain our prior written consent before you may: (i) copy any of our material; or (ii) use any of our software, code, trademarks, trade names, or other designations in any promotion or publication. Creative Pharmacist’s intellectual property may not be used in connection with any product or service that is not Creative Pharmacist’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Creative Pharmacist. All other trademarks not owned by Creative Pharmacist or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Creative Pharmacist or its subsidiaries. You further agree to use our Site in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our Site, nor will you use our Site to upload, post, email, distribute or otherwise make available any content or use our Site in any manner that:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
IN NO EVENT SHALL Creative Pharmacist, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SITE OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Creative Pharmacist UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TWO HUNDRED DOLLARS ($200).
You agree to indemnify, defend and hold harmless Creative Pharmacist and its underlying service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, related to your use of our Site, your connection to our Site, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with Creative Pharmacist or your use of our Site. Creative Pharmacist reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Creative Pharmacist in asserting any available defenses.
You agree that Creative Pharmacist may immediately terminate or suspend your account, any associated email address, and access to all or any part of the Sites or change your password without notice.
Creative Pharmacist’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be performed in Georgia. You agree that any legal action or proceeding between Creative Pharmacist and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Georgia. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. Creative Pharmacist may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of Creative Pharmacist. You must file any claim or suit related to our Site within one year after it arises.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Creative Pharmacist and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Any dispute relating in any way to your visit to Creative Pharmacist or to information you receive through CreativePharmacist.com shall be submitted to confidential arbitration in Columbia County, Georgia, USA, except that, to the extent you have in any manner violated or threatened to violate Creative Pharmacist's intellectual property rights, Creative Pharmacist may seek injunctive or other appropriate relief in any state or federal court in the state of Columbia County, Georgia, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitration award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.