Terms of Use – Wellpartner, Inc.

Introduction

Thank you for visiting the Wellpartner website (the Site). Wellpartner™ is a next–generation pharmacy focused on improving pharmacy care and outcomes for its customers. The pharmacy is available to consumers via mail, telephone, facsimile, and the Internet. Visitors to the Site may purchase prescription drugs and over-the-counter products, as well as receive personally relevant health and wellness information.

The Site is designed to provide a convenient, private, and informative pharmacy experience for customers to purchase products essential to everyday health management. The Site is accessible 24 hours a day, 7 days a week, with the great savings, convenience, and selection you need from a full-service pharmacy. Additionally, our experienced pharmacists can answer your questions on everything from money-saving generic medications to helpful vitamin supplements. The Site also includes a wealth of health resources to help answer your pharmacy questions as well as meaningful tools to help you get the most from your pharmacy encounter. Our goal is to provide you with a pharmacy that allows you to be an empowered manager of your health and help you make educated purchasing decisions.

Wellpartner Incorporated and its subsidiaries and affiliates want each customer to have an enjoyable visit to our pharmacy site. Wellpartner has established the following terms and conditions of service (Terms of Service) for use of our Site. By accessing and using this Site and/or becoming a registered member, you (as a “Customer”) agree to be bound by the terms and conditions set forth below without modification, as well as any other terms or conditions located elsewhere on the Site. From time to time and without notice, Wellpartner may make changes to the Site, these Terms of Service, or the policies and conditions that govern the use of the Site. Wellpartner encourages our customers to review the Site and these Terms of Service periodically for any updates or changes. Nonetheless, as a Customer, your continued access and/or use of the Site shall be deemed to be an acknowledgment and acceptance of any changes or additions that we make to the Terms of Service. In the event that there is a conflict between any of the terms and conditions to this Site, these Terms of Service, or any other policies and conditions that govern the use of the Site, then these terms shall control.

Trademarks

Wellpartner™ and other graphics, logos and service marks used on the Site are the property of Wellpartner, including the following trademarks and service marks:

Wellpartner
e-Pharmacist
Your Personal Pharmacy
My Wellpartner
My Health Plan
My Medicine Cabinet
My Pharmacy
My Health Center
Messages from My Pharmacist

No use or reproduction of our marks shall be made without Wellpartner’s express written authorization. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.

Customer Account Obligations

In consideration for the use and/or registration to access this Site and other good and valuable consideration, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the sign up and checkout forms for your account information (the Account Information); (b) maintain and promptly update the Account Information to keep true, accurate, current and complete records; and (c) remain responsible for payment for products or services received in the event any associated third-party payer authorized to make payment on your behalf, fails to make such payments or otherwise defaults in its payment obligation to Wellpartner. If you provide any information that is untrue, inaccurate, not current or incomplete; or Wellpartner has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Wellpartner may suspend or terminate your account and refuse to allow access to this Site. If there is a default in payment by a third-party payer authorized to make payment on your behalf for products and/or services received, Wellpartner may bill you directly as the Customer of record which received such services and/or products or charge any method of payment which Wellpartner has on file for your account for the full cost of such services and/or products. Personal information supplied by customers, including Account Information and certain other information about is governed by the Wellpartner Privacy Policy. For more information, please see our Privacy Statement.

Customers will receive a password and user ID during the registration process. Customers are responsible for maintaining the confidentiality of the password and user ID and are fully responsible for all activities that occur under your password or user ID. Customers are expressly prohibited from using another individual’s account at any time, without the permission of such account holder. Wellpartner is not liable for any loss that customers may incur should a third-party use a customer’s password or account, either with or without customer’s knowledge and/or consent. Customers may be liable for losses incurred by Wellpartner or any third-party due to the inappropriate use and/or unauthorized use of such customer’s account or password. Customer shall immediately notify us of any unauthorized use of a password or account or any other breach of security.

Personal and Noncommercial Use Limitation

The Site is for customer’s personal and noncommercial use. Customer may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.

Links to Third Party Sites

The Site may contain links to third party websites (Linked Sites). The Linked Sites are not under the control of Wellpartner and Wellpartner is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Wellpartner is not responsible for webcasting or any other form of transmission received from any Linked Site nor for if the Linked Site is not working appropriately. Wellpartner provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wellpartner of the Linked Sites, the contents thereof, or any association with its owners, operators, and/or associates. Customers are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between Customer and the advertiser or other third party. Wellpartner shall not be responsible or liable for any part of any such dealings or promotions.

Your Conduct

Customer shall not engage in any conduct that restricts or inhibits any other user from using or enjoying the Site. Customer shall use the Site only for lawful purposes and is prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, 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.

Customer shall not to access the Site by any means other than through the interface that is provided by Wellpartner for use in accessing the Site.

Customer shall not attempt to load or install any virus or destructive device on the Site; shall not send spam e-mail to the Site addresses; or otherwise attempt to access the Site by prohibited means.

Site Content

Customer acknowledges that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively the “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted under the U.S. copyright laws. Title to the Content remains with Wellpartner or its licensors. Any use of the Content not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark or other laws. Content is subject to change or termination without notice at the editorial discretion of Wellpartner. All rights not expressly granted herein are reserved by Wellpartner and its licensors.

Customer may not modify, attempt to 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. Except as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any Content consisting of software or software components shall be governed by the software license agreement accompanying such software, if any.

Content Disclaimer

THE CONTENT CONTAINED IN THIS SITE IS PROVIDED BY WELLPARTNER AS A SERVICE TO ITS CUSTOMERS AND IS ONLY GENERAL HEALTH INFORMATION. IT IS INTENDED TO FACILITATE COMMUNICATION BETWEEN YOU AND YOUR HEALTHCARE PROVIDER AND NOT INTENDED FOR THE PURPOSE OF PROVIDING DIAGNOSIS. THE CONTENT SHOULD NOT BE USED AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU HAVE ABOUT YOUR MEDICAL CONDITION, TREATMENT, CARE, OR DIAGNOSIS SHOULD BE PRESENTED TO YOUR OWN PROFESSIONAL HEALTHCARE PROVIDER. THIS SITE DOES NOT CONTAIN INFORMATION ABOUT ALL DISEASES, ILLNESSES, OR CONDITIONS, NOR DOES THIS SITE CONTAIN THE MEDICAL INFORMATION THAT MAY BE RELEVANT OR USEFUL TO YOUR HEALTHCARE NEEDS.

THE SITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND USERS. FOR SUCH CONTENT, WELLPARTNER IS A DISTRIBUTOR AND NOT A PUBLISHER AND WELLPARTNER HAS EDITORIAL CONTROL OVER SUCH CONTENT. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING MERCHANTS AND LICENSORS) ARE THOSE OF THE RESPECTIVE AUTHORS OF SUCH CONTENT AND NOT OF WELLPARTNER OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. THERE ARE NO WARRANTIES MADE AS TO THE COMPLETENESS, ACCURACY, CURRENCY, OR RELIABILITY OF INFORMATION PUBLISHED BY WELLPARTNER.

THE AGGREGATE LIABILITY WELLPARTNER OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, ARISING FROM OR RELATING TO THE CONTENT OF THIS SITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD, AND/OR OTHERWISE) IS LIMITED TO THE ACTUAL DAMAGES SUSTAINED BY THE INJURED PARTY AS A RESULT OF THE GROSS NEGLIGENCE OF WELLPARTNER.

EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE ON THE SITE, WELLPARTNER DOES NOT ENDORSE, OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, TREATMENT, INFORMATION, OR SERVICES ON THE SITE, IN ANY WAY. CUSTOMER AGREES TO SEEK RECOURSE AGAINST THE MANUFACTURER OF THE PRODUCT OR BRAND, OR AGAINST HIS/HER TREATING PHYSICIAN AS APPLICABLE, AND HEREBY WAIVE ANY AND ALL CLAIMS AGAINST WELLPARTNER FOR PRODUCT LIABILITY OR MEDICAL MALPRACTICE.

If any provision of this content disclaimer is held to be illegal or unenforceable, then such section shall be eliminated or limited to the minimum extent necessary and the remainder (including any revised portion of the agreement) shall remain and have full force and effect.

General Disclaimer

CUSTOMER EXPRESSLY AGREES THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER WELLPARTNER, NOR OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS (PROVIDERS), MERCHANTS (MERCHANTS), SPONSORS (SPONSORS), LICENSORS (LICENSORS), OR THE LIKE (COLLECTIVELY, ASSOCIATES), WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.

UNLESS SPECIFICALLY PROHIBITED BY LAW, THE SITE IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS AND WELLPARTNER SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WELLPARTNER OR OUR ASSOCIATES SHALL CREATE A WARRANTY.

WELLPARTNER DOES NOT WARRANT THAT INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE WILL SATISFY YOUR REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR.

All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals or any information contained on or in any product packaging or labels. CUSTOMERS SHOULD NOT USE THE INFORMATION CONTAINED ON THE SITE FOR DIAGNOSING A HEALTH PROBLEM AND SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON THE SITE. CUSTOMER SHOULD ALWAYS CONSULT A PHYSICIAN FOR MEDICAL ADVICE. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

If any provision of this general disclaimer is held to be illegal or unenforceable, then such section shall be eliminated or limited to the minimum extent necessary and the remainder (including any revised portion of the agreement) shall remain and have full force and effect.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WELLPARTNER OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM: (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMERS TRANSMISSION / PROVISION OR DATA; OR (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE. CUSTOMER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

CUSTOMER ACKNOWLEDGES, BY YOUR USE OF THIS SITE, THAT:

THE USE OF THIS SITE IS AT YOUR SOLE RISK,
CUSTOMER ASSUMES FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH ANY OF YOUR USE OF THIS SITE, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT USED IN CONNECTION WITH THE USE OF THIS SITE.

Customer agrees to indemnify and hold Wellpartner, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of information, data or other content submitted by Customer, posted or transmitted through the Site, Customers use of the Site in violation hereof, or Customer’s violation of any rights of any third party or Customer’s claim of medical malpractice or product liability.

Our Rights

Wellpartner may elect to electronically monitor areas of the Site and may disclose any Content, records, 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 Site; or (iii) to protect Wellpartner’s rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. Wellpartner is 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 request the removal of such Content from the Site.

Wellpartner may terminate Customers access, or suspend access to all or part of the Site, without notice, for any conduct that Wellpartner, in our sole discretion, believe is in violation of applicable laws, regulation, guidance or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or Wellpartner.

Wellpartner reserves the right to refuse to sell products to Customer if it reasonably appears to that Customer intends to resell such products, that Customer is not entitled / eligible to receive such products, or may use such products in violation of applicable laws and/or regulations. Additionally, Wellpartner reserve the right to limit quantities of products purchased by Customers.

Submissions

Wellpartner is pleased to hear from our customers and welcome comments regarding our products and service, including about this Site. If you have any comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, Submissions), you wish to submit to Wellpartner, please refer to our contact information below or located elsewhere on the Site. All Submissions shall be deemed, and shall remain the property of Wellpartner. None of the Submissions shall be subject to any obligation of confidence and Wellpartner shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, Customer agrees that Wellpartner:

Shall exclusively own and hereby assign to Wellpartner without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature; and
Shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the Customer as the provider of any such Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.

Applicable Law Jurisdiction

Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the laws of the State of Oregon, County of Multnomah, without reference to its choice of law provisions, and you hereby agree to the exclusive venue and jurisdiction in the state or federal courts in the State of Oregon, County of Multnomah. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

Termination

These terms are effective until terminated by Wellpartner. If you no longer agree to be bound by the Terms of Service, you must cease your use of the Site. Subject to applicable law, Wellpartner reserves the right, with or without notice, to suspend or deny, in our sole discretion, Customers access to all or any portion of the Site. Customer agrees that any termination of your access to the Site may result in immediate deactivation or deletion of your account and all related information and files in your account and bar any further access to such files. Further, Customer agrees that Wellpartner shall not be liable to you or any third-party for any termination of your access to the Site.

Shipping Address

To make purchases on the Site, you must have a shipping address in the United States or use an APO/FPO U.S. military address.

Miscellaneous

These Terms of Service constitute the entire understanding between Wellpartner and Customer as related to the use of this Site and the receipt of products and/or services. Customer also may be subject to additional terms and conditions that may apply to the use of affiliated services, third-party content or third-party software. Customer agrees that no joint venture, partnership, employment, or agency relationship exists as a result of this agreement or use of the Site. Customer shall indemnify and hold Wellpartner, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorney’s fees, asserted by any third party due to or arising out of such Customers use of Site in violation of these Terms of Service.

Copyright Complaints

Wellpartner acknowledges the intellectual property of others that may be represented or used in this Site. Pursuant to Title 17, United States Code, Section 512(c), if Customer believes that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may contact Wellpartner at the address below.

Contact Wellpartner

To provide Wellpartner notice of any comment or claim related to this Site, please contact us directly as follows:

By mail at:
Wellpartner
Attn: Legal Dept.
20800 SW 115th Avenue,
Tualatin, OR 97062

By phone: (503)718-5700
By e-mail: legal@wellpartner.com

Last Updated: December 2017