1. The Website
The Website is owned and operated by Swell Farmacy (“Swell Farmacy,” “we,” “us,” “our,” or similar pronouns). As used in these Terms, the term “Website” shall also refer to the logos, designs, text, graphics, software, other content, and materials available through the Website and the selection and arrangement thereof (collectively, “Content“), and the Swell Farmacy hardware, software, and networks associated with making the Website available to you (collectively, “Swell Farmacy System“). Unless explicitly stated otherwise, any new features, functionality, or services that augment or enhance the Website in the future shall be considered part of the Website and subject to these Terms.
By using or accessing the Website, you represent and warrant that: (a) you are 18 years of age or older; (b) if you are under the age of majority in your jurisdiction, you have your parent’s or legal guardian’s authorization to use and access the Website and to agree to these Terms; (c) you own or have authorization to use a personal computer to access the Website; and (d) you will use the Website in accordance with these Terms.
You acknowledge that the Website is subject to outages, slowdowns, or other interruptions. You further acknowledge that we are not responsible for performance degradation, interruption, or delays arising from any source. Swell Farmacy will not be liable to you if the Website is unavailable at any given time. You agree that your sole remedy for any Website unavailability shall be to terminate your use of the Website.
You are solely responsible for providing any hardware, systems, and software programs you use to access the Website, and any associated fees, charges, and expenses. For example, if you choose to access the Website through your personal computer, you are required to obtain at your own cost a compatible personal computer and an Internet access plan from a service provider.
3. Modification of these Terms; Termination
If you do not agree with any of these Terms, please do not use the Website. Swell Farmacy reserves the right, in its sole discretion, to modify these Terms at any time without further notice. The most recent modification date will be noted by the “Last Updated” date below. Your continued use of the Website after any such modification constitutes your acceptance of these Terms as modified. If you register for or use additional features available as a part of the Website, additional terms and conditions, rules, policies, and disclaimers may apply. Swell Farmacy may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Website, temporarily or permanently, including the availability of any features of the Website or access to any parts of the Website, at any time with or without notice to you.
You agree that Swell Farmacy shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.
You may terminate your use of the Website at any time. Swell Farmacy may terminate your access to or use of the Website at any time for any reason with or without notice to you. Upon any termination of your use of the Website, you must promptly destroy all Content obtained through the Website, as well as any copies of the Content. Sections 3, 5, 7, 9, 10, 11, 12, 14, and 16 and any other provisions that by their nature should survive termination shall so survive any termination of your use of the Website. You agree that Swell Farmacy shall not be liable to you for any termination of your use of or access to the Website.
4. Registration and Account Security
In order to participate in certain features of the Website, you may be required to register for a Website account or receive access to a Swell Farmacy client account (each, an “Account”). If you choose to register for or receive an Account, you agree to: (a) provide true, accurate, and complete information about yourself as prompted by the registration form or as requested by your Swell Farmacy contact; and (b) maintain and promptly update such information to keep it true, accurate, current, and complete as permitted through the functionality of the Website or through your Swell Farmacy contact. You acknowledge and agree that Swell Farmacy will have no liability associated with or arising from your failure to maintain accurate information about yourself, including, without limitation, your failure to receive important information and updates about the Website.
If Swell Farmacy has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate, or incomplete, Swell Farmacy may suspend or terminate your Account and refuse any and all current or future use of the Website (or any portion thereof). For Swell Farmacy clients, you represent and warrant that you have duly authorized those accessing your client section of the Website using your login credentials to do so and that you will be directly responsible for the acts or omissions of those who use your login credentials to access the Website. You are responsible for all use of your Account under any user name or password (or login credentials) by any person or entity and for ensuring that use of your Account complies fully with the provisions of these Terms. You are solely responsible for protecting the confidentiality of your username and password.
6. License Grant
Swell Farmacy grants to users a limited, non-exclusive, non-transferable license to access and use the Website (including any Content) strictly in accordance with these Terms. Swell Farmacy may terminate this license at any time for any reason. You may use the Website on one personal computer for your own personal, non-commercial use. No part of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic, mechanical, or otherwise. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer the Website or any portion thereof. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website and you may not take any action that imposes an unreasonable or disproportionately large load on the Swell Farmacy System.
7. Proprietary Rights
All ownership rights and title in and to the Website, including all Content therein, are owned by Swell Farmacy and its licensors and protected under applicable copyrights, trademarks, and other proprietary (including, without limitation, intellectual property) rights and international treaties. Except as expressly stated in these Terms, you may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way the Website, or any portion therein, including, without limitation, any Content, without the prior written permission of Swell Farmacy. All rights not expressly granted to you through these Terms are retained by Swell Farmacy and its licensors.
Nothing in these Terms grants to you any right to use any of Swell Farmacy’s trademarks, service marks, logos, domain names, or other indicia of origin.
8. User Conduct
In using or accessing the Website, you agree:
● not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or any affiliated or linked websites;
● not to disrupt or interfere with any other user’s enjoyment of the Website;
● not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
● not to use, frame, or utilize framing techniques to enclose any Swell Farmacy trademark, logo or other proprietary information (including the images available through the Website, the content of any text or the layout/design of any page or form contained on a page) without Swell Farmacy’s express written consent;
● not to use meta tags or any other “hidden text” utilizing a Swell Farmacy name, trademark, or product name without Swell Farmacy’s express written consent;
● not to “deeplink” to the Website without Swell Farmacy’s express written consent;
● not to create or use a false identity on the Website;
● not to collect or store personal data about others;
● not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
● not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise in violation of any law; and
● not to post any copyrighted material unless the copyright is owned by you.
In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations that relate to your use of or activities in connection with the Website.
You agree to immediately notify us if you suspect fraudulent or abusive activity, or any activity in violation of these Terms. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe.
THE WEBSITE, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND USER MATERIALS), IS PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SWELL FARMACY MAKES NO WARRANTY: (A) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (C) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY INFORMATION OR MATERIALS YOU RECEIVE IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY SUBMITTED USER MATERIALS; (E) THAT YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
11. Limitation Of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE RESULTS AND PERFORMANCE THEREOF (INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY THIRD PARTY SUBMITTED USER MATERIALS, THIRD PARTY APPLICATIONS, WEBSITES, AND ANY GOODS, SERVICES, OR CONTENT YOU MAY RECEIVE IN CONNECTION WITH LINKS CONTAINED WITHIN THE WEBSITE).
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL SWELL FARMACY AND ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AUTHORIZED AGENTS (COLLECTIVELY, THE “SWELL FARMACY PARTIES”) BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING FROM OR IN CONNECTION WITH THE FOLLOWING CIRCUMSTANCES, EVEN IF A SWELL FARMACY PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES: (A) THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (C) ANY USER MATERIALS, WHETHER PROVIDED BY YOU OR ANY THIRD PARTY, OR YOUR USE OF OR RELIANCE UPON ANY USER MATERIALS; (D) ANY THIRD PARTY APPLICATION, WEBSITE, OR WEBSITE USED IN CONNECTION OR AVAILABLE THROUGH THE WEBSITE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE WEBSITE; (F) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR WEBSITE INTERRUPTIONS; OR (G) ANY MODIFICATION, DELETION, OR ADDITION TO YOUR USER MATERIALS BY SWELL FARMACY OR ANOTHER WEBSITE USER.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SWELL FARMACY’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE WEBSITE. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS SHALL BE TO DISCONTINUE ANY USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES, AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SWELL FARMACY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Third Party Applications, Links, and Content
The Website includes links or direct connections to other websites, content, or resources made available to you from third parties. For example, the Website may provide direct links to clients or social networking services. You acknowledge that Swell Farmacy has no control over any such third party applications, websites, content, or resources, which are made available by companies or persons other than Swell Farmacy. You acknowledge and agree that Swell Farmacy is not responsible for the availability of any such third party applications, websites, content, or resources. You further acknowledge that Swell Farmacy is not liable to you for any loss or damage which may be incurred by you as a result of these third party applications, websites, content, or resources.
14. International Users
The Website is controlled, operated, and administered by Swell Farmacy from its offices within the United States. Swell Farmacy makes no representation that materials on the Website are appropriate or available for use at other locations outside of the United States and access to them from territories where the content available through the Website is illegal is prohibited. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws.
15. General Terms
Export Laws. You may not use the Website or export the Content in violation of United States export laws and regulations. The Website and Content may not be used or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the United States Treasury Department’s list of specially designated nationals or on the United States Commerce Department’s Table of Deny Orders.
Force Majeure. Swell Farmacy will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.
Headings. The section titles in these Terms are provided solely for convenience and have no legal or contractual significance.
Notices. You agree that Swell Farmacy may provide you with notices in connection with the Website by e-mail, regular mail, or postings on the Website.
Waiver. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Entire Agreement; Limitation of Actions. The Terms constitute the entire agreement between Swell Farmacy and you with respect to your use of the Website. To the extent permitted by law, any cause of action you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.
Indemnification. You agree to indemnify and hold harmless the Swell Farmacy Parties from any loss, liability, claim, or demand, including costs and reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website or arising from your breach of these Terms, including any representation or warranty set forth herein. As a part of your indemnification obligations, you agree to indemnify the Swell Farmacy Parties for any claims or suits arising from User Materials you provide and your use of any Community Feature. Severability. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Applicable Law and Disputes. These Terms shall be governed by and construed in accordance with the laws of Arizona, without resort to its conflict of law provisions. In the event of a dispute arising out of these Terms or your use of the Website (or any portion herein), the proper jurisdiction and venue will be the courts residing in Maricopa County, Arizona. You consent to the exercise of personal jurisdiction of these courts over you in the event of such a dispute.
Relationship of the Parties. Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Swell Farmacy, and you do not have any authority to create any obligation or make any representation on Swell Farmacy’s behalf. You may not assign these Terms by operation of law or otherwise, without Swell Farmacy’s written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and Swell Farmacy and their respective successors and assigns.
Contact Us. If you have any questions or comments regarding the Website, you may contact us at email@example.com.
Last Updated: March 24, 2017