As owner and provider of web site services operating under the name of
CornerDrugstore.com and on behalf of this pharmacy please read the following
terms and conditions carefully before using this site.
J M Smith Corporation is pleased to serve you under its Terms and Conditions of
Use, as amended from time to time ("Agreement”). Your use of or registration at
the CornerDrugstore.com web site (“Site”) evidences your consent to be bound by
this agreement, which is a contract between you and J M Smith Corporation. The
terms of this agreement are set out below, may be amended from time to time,
and include our Privacy Policy and legal notices. If you do not intend to be
bound by the terms of this agreement, do not use our site or services.
Agreement
to Conduct Transactions Electronically
Privacy Policy
This Site Does Not Provide Medical Advice
No Usage by Children
Use of Content
Limitation of Liability and Exclusive
Remedy
No Warranties, As Is
No Incidental, Consequential or
Certain Other Damages
User Submissions
Protection of Personal Health
Information
Advertisements and Links to Other
Sites
Indemnity
Amendments
Notices
Site Not Intended For Use Outside the
U.S.
Termination
Record Retention
Jurisdiction and Governing Law
Complete Agreement
Legal Notices
Notice to Copyright Agent
You agree that all of your transactions with or through the Site may, at our
option, be conducted electronically. You also agree that:
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We may provide all agreements, disclosures and notices electronically,
including any that we are otherwise required to provide in a "writing." We will
provide these in screen text or deliver a copy to the email address that you
provide to us during registration;
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You consent to our recording of all oral conversations (including any
telephone) at our option. If you do not wish to deal with us electronically,
you should not enter into this Agreement. |
Our Privacy Policy is part of and
incorporated into this Agreement.
The contents of the CornerDrugstore.com Site—such as text, graphics, images,
information obtained from J M Smith Corporation's licensors, and other material
("Content") contained on the CornerDrugstore.com Site—are for informational
purposes only. The Content is not intended to be a substitute for professional
medical advice, diagnosis, or treatment. Always seek the advice of your
physician or other qualified health provider with any questions you may have
regarding a medical condition. Never disregard professional medical advice, or
delay in seeking it, because of something you have read on the
CornerDrugstore.com Site.
If you think you may have a medical emergency, call your doctor or 911
immediately. J M Smith Corporation does not recommend or endorse any specific
tests, products, procedures, opinions, or other information that may be
mentioned on the site. Reliance on any information provided by J M Smith
Corporation, J M Smith Corporation employees, others appearing on the Site at
the invitation of CornerDrugstore.com, or other visitors to the Site is solely
at your own risk.
The Site may contain health or medical-related materials that you find sexually
explicit or otherwise offensive. J M Smith Corporation, its licensors, and its
suppliers have no control over, and accept no responsibility for, such
materials. You are solely responsible for compliance with the laws applicable
to your country of residence.
This Site is not intended for use by children under the age of 13. We do not
collect personally identifiable information from any person we actually know is
a child under the age of 13.
Our Site is protected by intellectual property laws and you agree to respect
them; any rights not expressly granted herein are reserved. See our
Legal Notices for more information about our trademarks and
copyrights. All rights not expressly granted to you are reserved. As
for intellectual property rights of others, anyone who believes that their work
has been reproduced in a way that constitutes copyright infringement, may
provide a Notice to our Copyright Agent.
J M Smith Corporation authorizes you to view or download a copy of the material
on the CornerDrugstore.com Site solely for your personal, noncommercial use.
You must include the following copyright notice: "Copyright 2002, J M Smith
Corporation All rights reserved" and other copyright and proprietary rights and
notices which are contained within the Content. Special rules for the use of
content on the CornerDrugstore.com Site, supplied by outside providers, may be
included elsewhere within the Site. These rules are incorporated into these
Terms and Conditions by reference.
Any use of the Content not expressly permitted by these Terms and Conditions is
a breach of these Terms and Conditions and may violate copyright, trademark,
and other laws. Content and features are subject to change or termination, at
the editorial discretion of J M Smith Corporation, without notice. All rights
not expressly granted herein are reserved to J M Smith Corporation and its
licensors.
If you violate any of these Terms and Conditions, your permission to use the
Content automatically terminates and you must immediately destroy any copies
you have made of any portion of the Content.
The use of the CornerDrugstore.com Site and the Content is at your own risk.
When using the CornerDrugstore.com Site, information will be transmitted over
the Internet, which is beyond the control of J M Smith Corporation or its
licensors. Accordingly, J M Smith Corporation assumes no liability for or
relating to the delay, failure, interruption, or corruption of any data or
other information transmitted in connection with use of the CornerDrugstore.com
Site.
You agree that your sole remedy for any breach of this Agreement by us or any of
our affiliates or agents shall be, at our option, (1) substitution or
replacement of all or part of any order or any aspect of the Site that gives
rise to damages incurred by you in reasonable reliance on us; or (2) refund of
the amount that you paid for any order by you in an amount that does not exceed
the damages incurred by you in reasonable reliance on us. You agree that the
damage exclusions in the Agreement and this limitation of liability shall apply
even if any remedy fails of its essential purpose.
Any claims arising in connection with your use of the Site, or any Content, must
be brought within one (1) year of the date of the event giving rise to such
action occurred.
You agree that the CornerDrugstore.com Site and the Content are provided on an
"as is" and “with all faults” basis and the entire risk as to the quality,
accuracy and performance of the Site is with you. We do not make any express
warranties. J M Smith Corporation, its licensors, and its suppliers, to the
fullest extent permitted by law, disclaim all warranties and duties of any
kind, either implied or statutory, including but not limited to the implied
warranties of merchantability, or fitness for particular purpose and duties of
workmanlike effort or lack of negligence. Without limitation, we and our
affiliates and agents do not make any warranties or undertake any duties
regarding the following:
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The availability of the Site at any particular time. |
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The accuracy, reliability, completeness, currency, or timeliness of the
Content, text, graphics, links, or communications provided on or through the
use of the CornerDrugstore.com Site or J M Smith Corporation |
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The functionality of the Site or the accuracy of the order processing. |
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Lack of viruses. |
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The satisfaction of government regulations requiring disclosure of information
on prescription drug products with regard to the content contained on the
CornerDrugstore.com Site. |
Also, there is no warranty of title or against interference with your enjoyment
of any experience or of the site, or against infringement.
To the full extent allowed by law, you agree that in no event shall J M Smith
Corporation, its licensors, its suppliers, or any third parties mentioned on
the CornerDrugstore.com site be liable to you and/or any other person for any
consequential or incidental damages (including, without limitation, lost
profits, or damages resulting from lost data or business interruption or for
failure to meet any duty including but not limited to any duty of good faith,
lack of negligence or of workmanlike effort) or any other indirect, special, or
punitive damages whatsoever that arise out of or are related to the site, any
experience or other service or to any breach to this agreement, even if we have
been advised of the possibility of such damages and even in the event of fault,
tort (including negligence) or strict or product liability.
You agree that you will not upload or transmit any communications or content of
any type that infringe or violate any rights of any party. By submitting
communications or content to any part of this Site, you agree that such
submission is non-confidential for all purposes. If you make any such
submission, you automatically grant—or warrant that the owner of such content
has expressly granted— J M Smith Corporation a royalty-free, perpetual,
irrevocable, world-wide nonexclusive license to use, reproduce, create
derivative works from, modify, publish, edit, translate, distribute, perform,
and display the communication or content in any media or medium, or any form,
format, or forum now known or hereafter developed. J M Smith Corporation may
sublicense its rights through multiple tiers of sublicenses.
My Account and Profiles allows you to record limited amounts of personal health
information, on a voluntary basis, on servers maintained by J M Smith
Corporation or on its behalf. My Account is structured to allow access only to
Account holders with a valid username and password. Whenever you submit or
modify information in My Account, we will send such information over the
Internet using encryption technology, Secure Socket Layer (SSL) software. As an
additional security precaution, the information you submit to My Account will
be stored on a separate server. However, we do not warrant or represent that
the information you submit to My Account will be protected against loss,
misuse, or alteration by third parties.
You are responsible for taking all reasonable steps to ensure that no
unauthorized person shall have access to your password to My Account. It is
your sole responsibility to (1) control the dissemination and use of passwords;
(2) authorize, monitor, and control access to and use of My Account and your
password; (3) promptly inform J M Smith Corporation of any need to deactivate a
password. You grant J M Smith Corporation and all other persons or entities
involved in the operation of the Site and My Account and Profiles the right to
transmit, monitor, retrieve, store, and use your information in connection with
the operation of My Account and Profiles. J M Smith Corporation cannot and does
not assume any responsibility or liability for any information you submit to My
Account.
J M Smith Corporation does not endorse the content on any third-party web sites.
J M Smith Corporation is not responsible for the content of linked third-party
sites, sites framed within the CornerDrugstore.com Site, or third-party
advertisements, and does not make any representations regarding their content
or accuracy. You agree that your use of third-party web sites is at your own
risk and subject to the terms and conditions of use for such sites. J M Smith
Corporation does not endorse any product advertised on the CornerDrugstore.com
Site.
You agree to defend, indemnify, and hold J M Smith Corporation, its officers,
directors, employees, agents, licensors, and suppliers, harmless from and
against any claims, actions or demands, liabilities and settlements including,
without limitation, reasonable legal and accounting fees, resulting from, or
alleged to result from, your violation of these Terms and Conditions.
You agree that we may from time to time amend or add to the terms and conditions
of this Agreement (“Amendments”). Except as to orders accepted before the
effective date of an Amendment, any use of our Site after an Amendment shall be
your consent to the amended terms. If you do not want to be bound
by an Amendment, you will need to terminate your registration and refrain from
using the Site after that date. No changes proposed by you or us will be
effective unless and until they appear in this Agreement or in the Amendments
as posted by us in the Legal Notices section of our Site. No other Amendments
will be valid unless they are in a paper writing signed by us and by you.
Except as expressly stated otherwise, any notices required or allowed under this
Agreement shall be given to us by postal mail to: 201 West Saint John Street,
P.O. Box 6052, Spartanburg, SC 29306
If applicable law requires that we accept email notices (but not otherwise),
then you may send us email notice at feedback@cornerdrugstore.com. With
respect to our notices to you, we may provide notice of Amendments by posting
them in the Legal Notices section and you agree to
check for changes. Instead or in addition, we may give notice by sending
email to the email address you provide during registration. Notice shall be
deemed given 24 hours after it is posted or an email is sent, unless (as to
email) the sending party is notified that the email address is
invalid. Alternatively, we may give you notice by certified mail, postage
prepaid and return receipt requested, to the address provided during
registration. In such case, notice shall be deemed given 3 days after the date
of mailing.
J M Smith Corporation is based in Spartanburg, SC in the United States of
America. J M Smith Corporation makes no claims that the Content is appropriate,
or may be downloaded, outside of the United States, and the Site is not
intended for use by persons outside the United States. Access to the Content
may not be legal by certain persons or in certain countries. If you access the
CornerDrugstore.com Site from outside the United States, you do so at your own
risk and are responsible for compliance with the laws of your jurisdiction.
Either we or you may terminate or cancel this Agreement with or without cause or
notice at any time. Notwithstanding termination (or cancellation), you will
still be liable for payment of any amounts due or other obligations incurred
before termination or cancellation, whether the Agreement is ended by you or by
us. We may also suspend your registration, block your use of the Site or
direct you to cease using it, if we believe in good faith that you or a related
person has breached or may breach this Agreement.
The following provisions survive the expiration or termination of these Terms
and Conditions for any reason whatsoever: No Warranties, As Is; No Incidental,
Consequential or Other Damages; Limited Liability and Exclusive Remedy; User
Submissions; Indemnity; Jurisdiction and Governing Law; and Complete Agreement.
You agree to print (or copy) and retain agreements or disclosures that we are
required to deliver to you in writing. To the extent required by law, we
instruct you to retain a copy in your legal records. You may make a paper copy
by pressing the “print” button on your browser; you may make an electronic copy
by selecting the “save file” option in your browser. If you cannot do either,
you may email us at feedback@cornerdrugstore.com
or write us at 201 West Saint John Street, P.O. Box 6052, Spartanburg, SC 29306 and we
will send a copy. As a customer service, we may attempt to locate data for
you if we still have it when you ask for it, but we do not assume any duty to
retain or produce data and we reserve the right to charge a retrieval
fee. We grant you a revocable, limited license to print copies of
registration information, orders, and this Agreement for the purpose of
documenting your transactions.
You expressly agree that exclusive jurisdiction for any dispute with J M Smith
Corporation, or in any way relating to your use of the CornerDrugstore.com
Site, resides in the courts of the State of South Carolina. You further agree,
and expressly consent to, the exercise of personal jurisdiction in the courts
of the State of South Carolina in connection with any such dispute, including
any claim involving J M Smith Corporation or its affiliates, subsidiaries,
employees, contractors, officers, directors, telecommunication providers, and
content providers.
If any provision of these Terms and Conditions is found to be invalid by any
court having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of any of these Terms
and Conditions shall be deemed a further or continuing waiver of such term or
condition or any other term or condition.
Except as expressly provided in a particular "legal notice" on the
CornerDrugstore.com Site, these Terms and Conditions constitute the entire
agreement between you and J M Smith Corporation with respect to the use of the
CornerDrugstore.com Site, and Content. Your use of the CornerDrugstore.com Site
is also subject to the J M Smith Corporation Privacy Policy.
Thank you for reviewing these Terms and Conditions. Any questions or comments
regarding this web site should be directed to support@CornerDrugstore.com or
via U.S. mail to J M Smith Corporation at 201 West Saint John Street,
P.O. Box 6052, Spartanburg, SC 29306.
2002 J M Smith Corporation All Rights Reserved.
Copyright and Trademark Notices. All contents of www.cornerdrugstore.com
(“Site”) are: Copyright ©J M Smith Corporation and/or its suppliers,
201 West Saint John Street, P.O. Box 6052, Spartanburg, SC 29306 U.S.A. All rights
reserved. CornerDrugstore.com and/or other CornerDrugstore.com products
referenced herein are either trademarks or registered trademarks of J M Smith
Corporation. The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
J M Smith Corporation respects the intellectual
property rights of others and requests that you do the same. Anyone who
believes that their work has been reproduced in the Site in a way which
constitutes copyright infringement may provide a notice to the designated
Copyright Agent for the Site containing the following:
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An electronic or physical signature of a person authorized
to act on behalf of the owner of the copyright interest; |
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Identification of the copyrighted work claimed to have been
infringed; |
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Identification of the material that is claimed to be infringing and information
reasonably sufficient to permit J M Smith Corporation to locate the material; |
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The address, telephone number, and, if available, an e-mail
address at which the complaining party may be contacted; |
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A representation that the complaining party has a good faith
belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; |
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A representation that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; |
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How you can correct any inaccuracies in your information. |
Copyright infringement claims and notices (but not
other notices) should be sent
to the attention of Randy Burnett, in the following
manner:
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By mail:
201 West
Saint John Street, P.O. Box 6052, Spartanburg, SC 29306 |
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By phone:
864.253-8600 |
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By fax:
864.253-8690 |
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By email: rburnett@qs1.com |
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