TERMS AND CONDITIONS

The effective date of the Terms of Use: October 1, 2016.

Notice and Acceptance of the Terms of Use

This website, https://www.envisionpharmacies.com, is provided by EnvisionPharmacies ("EnvisionPharmacies") and may be used for informational uses only. The following terms of use ("Terms of Use") govern your access to and use of this website (this "Site"), including any content, functionality and services offered on or through this Site, whether as a guest or registered user. By accessing, viewing or using the material on this Site, you indicate that you have read, understand, accept and agree to be legally bound and abide by these Terms of Use. If you do not agree to be bound and abide by these Terms of Use, do not use this Site or download materials from this Site.

Changes to the Terms of Use

EnvisionPharmacies, in its sole discretion, may revise and update these Terms of Use from time to time. All changes will be effective immediately when posted to the Site, and will apply to all access to and use of the Site thereafter. Changes to these Terms of Use will be indicated by a new revision date. Your continued use of the Site after the Terms of Use have been updated means that you accept and agree to the updated version of the Terms of Use. You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you.

Accessing the Site and Account Security

EnvisionPharmacies, in its sole discretion and without notice, reserves the right to withdraw any service or material that it provides on the Site. To access some of the resources on the Site, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide to register with this Site or otherwise, is correct, current and complete. If you choose, or are provided with, a user name or password to access certain aspects of the Site, you must treat such information as confidential, and you must not disclose such information to any other person or entity. You agree to notify us immediately of any known unauthorized access to or use of your user name or password. Please note that EnvisionPharmacies reserves the right to disable any user name or password if in its opinion, you have violated these Terms of Use.

No Medical or Legal Advice

The information provided on this Site is for general informational purposes. It is not medical or legal advice and is not a substitute for obtaining up-to-date professional advice from a qualified person. Always consult with your doctor for appropriate examinations, treatment, testing, care recommendations, and questions pertaining to your medical condition and symptoms. Do not rely on information from this Site as a tool for self-diagnosis. If you have any questions about any law or requirement referenced in this Site, you should contact your own legal counsel.

Disclaimer of Warranty and Liability

While we strive to keep up-to-date materials on the Site, EnvisionPharmacies cannot and does not assume responsibility for any errors or omissions in these materials presented on or through the Site. EnvisionPharmacies has no obligations to update this Site; therefore information presented may be out of date and contain inaccuracies or errors. EnvisionPharmacies may make changes to these materials, to the products or services described within the Site, or to these Terms of Use, at any time without prior written notice, except as prohibited by law. Any information contained on or through this Site is intended as a supplement to, and not a substitute for, the knowledge, expertise, skill, and judgment of a doctor, pharmacist, or other qualified healthcare provider. The absence of a warning for a given drug or drug combination should not be construed by you as an indication that the drug or drug combination is safe, appropriate or effective for a given patient. Any reliance you place on these materials or any information presented on or through the Site is strictly at your own risk. EnvisionPharmacies disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by any third party who may be informed of any of the Site's contents. EnvisionPharmacies also disclaims liability and responsibility arising from your order of prescriptions via the Site. Ordering prescriptions via this Site is your own responsibility and strictly at your own risk. EnvisionPharmacies, nor its parent, affiliates, employees, agents, officers or directors shall be liable for any outcome of your use of any prescription ordered through this Site or any other websites linked from this Site.

ENVISIONPHARMACIES DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.

USER OF THIS SITE AGREES THAT NEITHER ENVISIONPHARMACIES NOR ITS PARENT, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS SHALL BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGES, INCLUDING ANY DIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHICH MAY RESULT FROM THE RELIANCE ON, USE OF, ACCESS TO, OR INABILITY TO USE THE SITE OR ANY MATERIALS ON OR LINKED TO THE SITE. YOU AGREE TO USE THIS SITE AND SUBMIT INFORMATION AT YOUR OWN RISK.

Billing and Pricing Disclaimer

You agree to provide accurate and truthful billing information for any purchases made on or through this Site. EnvisionPharmacies reserves the right to cancel your order for any reason including but not limited to the receipt of inaccurate or untruthful information from you, limitations on quantities available for purchase, or errors in product or pricing information. If your order is cancelled, we will issue you a credit for the cancelled order. By confirming your purchase at the end of the checkout process, you agree to accept and pay for all items.

Products, Content and Specifications

All features, content, specifications, products and prices of products and services described or depicted on this Site or linked through this Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. If a product offered by this Site is not as described, your sole remedy is to return it in unused condition.

You also agree and understand that resale of products or services purchased on or through this Site is specifically prohibited. We reserve the right, at our sole discretion, to refuse to sell products to you if it appears to us that you intend to resell such products or services. We also reserve the right to limit the quantity of items purchased for any reason. We will notify you if we will apply any limits to you order.

YOU AGREE THAT NEITHER ENVISIONPHARMACIES NOR ITS PARENT, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS SHALL BE LIABLE FOR INACCURACIES, MISSTATEMENTS OR OMMISSIONS REGARDING DESCRIBED FEATURES, CONTENT, AND/OR SPECIFICATIONS OF A PRODUCT OR SERVICE OFFERED ON THIS SITE.

Indemnification

You agree to defend, indemnify, and hold EnvisionPharmacies, its parent, officers, directors, employees, agents, licensors, affiliates, successors, service providers and suppliers, harmless from and against any and all claims, actions or demands, damages, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your violation of these Terms of Use to which you have agreed by use of this Site.

Links to Other Websites

This Site may contain links to other internet websites for the convenience of users in locating information and services that may be of interest. Visitors to this Site acknowledge that these third-party sites are maintained by persons or organizations over which EnvisionPharmacies exercises no control; and EnvisionPharmacies is not responsible for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites. Unless otherwise stated, links do not represent an intent to promote or endorse information, products or services.

Proprietary Rights

All material contained in this Site is protected by law, including but not limited to United States copyright, trademark and other laws. Except as indicated, EnvisionInsurance is the owner of the copyright in the entire content (including all information, images, displays, text and look and feel and attributes) of this Site and reserves all rights in that regard. These Terms of Use permit you to use the Site for your personal, non-commercial use only. Any commercial use of this Site's content is prohibited without the prior written consent of EnvisionInsurance. Except as expressly permitted, you may not reproduce, modify, distribute, create derivative works of, republish, download, upload, post, store, transmit, hyperlink to or form, or distribute any content or material on the Site.

Use of Site

You agree to use the Site only for lawful purposes and in accordance with these Terms of Use. You agree that you will not: (1) use this Site in any way that violates any applicable federal, state or local law or regulation; (2) engage in any activity or use any device or software that interferes with a user's access to this Site or the proper operation of this Site; (3) engage in any conduct that may harm EnvisionPharmacies or users of the Site or expose EnvisionPharmacies to liability; (4) delete or revise any content or material on the Site; (5) take any action that could disable, overburden, damage or impair the Site; (6) allow any other person or entity to use your login credentials for posting, copying, extracting, downloading, viewing, transmitting, or receiving data of any kind; or (7) attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

Use of Products

By placing an order on or through the Site, you represent that the products ordered will be used only in a lawful manner.

Governing Law and Jurisdiction

These Terms of Use shall be governed and construed in accordance with the laws of the state of Ohio, excluding its conflict of law rules. No laws of any foreign jurisdiction shall apply to these Terms of Use or be binding on us. Any dispute, claim, action or proceeding arising out of or related to the Site or these Terms of Use, or the interpretation or enforcement hereof, whether at law or in equity, shall be brought only in the state courts located in Cleveland, Ohio.

Email Communications

EnvisionPharmacies may contact you via email to:

  • Respond to any questions you may send us,
  • Send you-email communications about information we think you will find useful - including announcements about new products and services at this Site, or
  • Communicate other information as necessary to administer this Site.

Please note that when you contact us by email, such communication may not be entirely secure because it travels over unsecured communication lines. As a result, you should not provide us with confidential or personal information via email.

Waiver

Any waiver by EnvisionPharmacies must be express and in writing, must be directed specifically by EnvisionPharmacies to you, and must be signed by a duly authorized representative of EnvisionPharmacies. EnvisionPharmacies failure to enforce any provision of these Terms of Use or to respond to a breach by you or third parties shall not in any way limit or waive its right to do so, including without limitation its right to enforce subsequently any provision of these Terms of Use, or to assert its rights with respect to the same or similar breaches.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, such provisions will be deleted from these Terms of Use or modified so as to make them enforceable and the validity and enforceability of the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and EnvisionPharmacies with respect to the Site, and supersede all prior and contemporaneous agreements and understandings, whether written or oral, with respect to the Site.

Termination

EnvisionPharmacies in its sole discretion, reserves the right to terminate your use of this Site at any time and without notice to you.