Agreement to Terms of Use

Thank you for visiting Tri-State Pharmacy website. PLEASE READ AND REVIEW THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE AND ANY ASSOCIATED SERVICES (“Terms of Use”). By accessing this website, you are agreeing to be bound by these Terms of Use, all applicable federal and local laws and regulations. If you do not agree with any of these Terms of Use, please immediately exit the website.

License and Other Intellectual Property Rights

The materials contained in this website are protected by applicable copyright and trademark law. As long as you comply with these Terms of Use, Tri-State Pharmacy grants you a personal, non-exclusive, non-transferable, limited privilege to access and use this website.  This limited privilege is a license, not a transfer of title, and under the license you may not: (i) modify or copy the materials; (ii) use the materials for any commercial purpose, or for any public display (commercial or non-commercial); (iii) attempt to decompile or reverse engineer any software contained on the website; (iv) remove any copyright or other proprietary notations from the materials; or (v) transfer the materials to another person or "mirror" the materials on any other server. This license may be terminated by Tri-State Pharmacy at any time and with or without cause. Upon termination, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Tri-State Pharmacy may change, modify, add or remove portions of these Terms of Use, at any time. You should periodically check these Terms of Use for changes. Your continued use of the website following the posting of any changes to these Terms of Use will mean that you accept and agree to such changes.

Not Offering Advice

Any health-related information provided on this website describes general principles of health care that 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—only a health care provider can do that. Any information and resources provided on this website 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 understand and agree that product claims, including claims made which describe the relationship between the product and a disease or health-related conditions, are the claims of the manufacturer of the product and not those of Tri-State Pharmacy and in no event will Tri-State Pharmacy be liable for any decision made or action taken in reliance on such claims.  Reliance on any information provided by, or otherwise appearing on this website is solely at your own risk.

Links to Third Party Sites

This website may contain links to other independent third-party websites. These links are for your reference only. Tri-State Pharmacy does not control these websites, and Tri-State Pharmacy is not responsible or liable for and does not endorse, their content and resources or any services offered through such third-party websites.

Accounts, Passwords, and Security

Certain information or services offered on or through this website 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 this website using your account or User ID. Tri-State Pharmacy 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.

By using the website, you also acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the website 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.

Disclaimers

Tri-State Pharmacy DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. Tri-State Pharmacy CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

Tri-State Pharmacy DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE INFORMATION, SERVICES, PRODUCTS, MATERIALS, AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THIS WEBSITE, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Tri-State Pharmacy DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE ONLINE EXPERIENCE AND/OR ANY Tri-State Pharmacy SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Tri-State Pharmacy FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of or use, whether for breach of contract, tort, negligence or any other cause of action.

Tri-State Pharmacy 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 website, or any portion of the website, for any reason; (ii) to modify or change the website, or any portion of the website, and any applicable policies or terms; and (iii) to interrupt the operation of the website, or any portion of the website, as necessary to perform routine or non-routine maintenance, error correction or other changes.

Limitations of Liability

IN NO EVENT WILL Tri-State Pharmacy BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE WEBSITE, (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 WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ON THE WEBSITE; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF Tri-State Pharmacy HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU.

If notwithstanding the other provisions of these Terms of Use, Tri-State Pharmacy is found to be liable to you, any liability on the part of Tri-State Pharmacy will not exceed the fees paid by the user for the particular information or service provided. Tri-State Pharmacy is not liable for the unauthorized use of any information provided under the Website.

Indemnification

You agree to indemnify and hold Tri-State Pharmacy, 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 Tri-State Pharmacy by any third party due to or arising out of or in connection with your use of this website

Governing Law; Choice of Forum

If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms of Use, 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 Tri-State Pharmacy information or services or of the website, will be governed by the laws of the State of Pennsylvania without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts for Pennsylvania and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use 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 Tri-State Pharmacy and you arising out of or in connection with your access to or use of Tri-State Pharmacy information or services or of the website, 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.