512-362-8083 8916 Brodie Lane, Suite 300, Austin, TX 78748

Brodie Lane Pharmacy Terms of Use

Effective Date: July 24, 2017

Please read this Agreement carefully and completely before using www.brodielanepharmacy.com or any websites, content, or information provided through or in connection with this website. By using this website, you expressly agree to be bound by this Agreement, by and between you and Brodie Lane Pharmacy, LLC. Some of the information and resources accessible through our website are made available by Brodie Lane Pharmacy, its suppliers and vendors, and other third parties, in each case subject to your agreement to the terms and conditions of this Agreement.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

By using the website, you affirm that you are of legal age to enter into this Agreement.

We may update this Agreement at any time, and may notify you of such updates by any reasonable means, including by posting the updated Agreement to the website. Any changes in updating this Agreement will not apply to any dispute between you and us arising prior to the date on which we posted the updated Agreement, or otherwise notified you of such updated Agreement.  YOU AGREE TO PERIODICALLY REVIEW THIS PAGE TO DETERMINE IF THIS AGREEMENT HAS BEEN UPDATED. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING ANY UPDATES TO THIS AGREEMENT SHALL CONSTITUTE NOTICE AND ACCEPTANCE OF THE UPDATED AGREEMENT.

About Our Health Content

OUR HEALTH CONTENT DESCRIBES GENERAL PRINCIPLES OF HEALTH CARE THAT SHOULD NOT IN ANY EVENT BE CONSTRUED AS SPECIFIC INSTRUCTIONS FOR INDIVIDUAL PATIENTS. This material is not intended as a guide to self-medication or as a substitute for proper medical advice, diagnosis, or treatment. It is for reference only and should not be used to determine treatment for specific medical conditions. You should never disregard, avoid or delay obtaining medical advice from a licensed practitioner because of information made available through this website. The health related information and resources are not intended and must not be taken as the rendering of medical, nursing, or professional health care advice or websites, or the practice of medicine, nursing, or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse, or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement discussed on the website.

You understand and agree that neither Brodie Lane Pharmacy nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of the website or the information resources contained on the site.

Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle, and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a new diet, fitness, or supplement regimen.

Information and statements about dietary supplements have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, mitigate, or prevent any disease or health condition. We do not endorse manufacturers’ or others’ claims about the efficacy of these products. We specifically disclaim any guarantee or warranty, express or implied, with respect to any products or websites sold, including any warranty of merchantability or fitness for a particular purpose. No information conveyed by Brodie Lane Pharmacy either orally or in writing shall create such a warranty.

Brodie Lane Pharmacy does not provide any form of insurance. The inclusion of information about any particular website or product does not indicate anything about whether any insurance plan may or may not provide benefits with respect to that website or product.

Materials

For purposes of this Agreement, “Materials” includes user IDs, email addresses, passwords, comments, photographs, images, graphics, text, and data, and any other form of information submitted by our users, regardless of whether such information is posted publicly or with password protection.

Our website is not designed or intended to be used as a disaster recovery or emergency data storage facility and you are responsible for creating and maintaining copies of your Materials prior to posting, uploading, or otherwise submitting through our site and social media pages.

Brodie Lane Pharmacy and its suppliers and vendors have no obligation of any kind with respect to Materials and are not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that they may receive regarding any Materials that you may use or allow others to use in connection with the website (including Materials posted or submitted by other users).

NEITHER BRODIE LANE PHARMACY NOR ITS SUPPLIERS OR VENDORS CONTROL THE MATERIALS POSTED OR SUBMITTED, NOR DO WE OR THEY HAVE ANY OBLIGATION TO (A) MONITOR, SCREEN, POLICE, EDIT, OR ACKNOWLEDGE RECEIPT OF THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THIS AGREEMENT, OR (B) EVALUATE THOSE MATERIALS FOR INDICATIONS OF A NEED FOR MEDICAL ATTENTION OR PROVIDE MEDICAL ADVICE IN RESPONSE. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE, OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE WEBSITE. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK.

 

Disclaimer of Warranty

Although Brodie Lane Pharmacy reserves the right to correct any errors, omissions, or inaccuracies, we do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, content, materials, websites, products, merchandise, functionality, or other resources (collectively, “Resources”) available on or accessible through the website (even typographical or imaging errors), including the substance, accuracy, or sufficiency of any website or product information listed on the site. Further, we do not represent that the website will operate without interruption or error, nor do we provide any assurances of the availability or usability of the shopping websites offered through the site.

Brodie Lane Pharmacy does not accept any liability for the consequences arising from the application, use, or misuse of any Resources contained on or made available through the website, including any injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise.

Brodie Lane Pharmacy also does not accept any responsibility for technical failures or for unauthorized access of user transmissions or Materials by third parties.

Your use of (including any access to) the website and any other linked sites, including any Resources contained on, or otherwise made available by, them, is solely at your own risk.

Brodie Lane Pharmacy and its suppliers and vendors will attempt to keep the information, websites, and resources accessible through the website timely and accurate, but make no guarantees, and disclaim any implied warranty or representation about the information’s accuracy, relevance, timeliness, completeness, reliability, security, or appropriateness for a particular purpose.

BRODIE LANE PHARMACY AND ITS SUPPLIERS AND VENDORS DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION, CONTENT, WEBSITES, PRODUCTS, MERCHANDISE, MATERIALS, FUNCTIONALITY, AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE WEBSITE, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SUCH INFORMATION, CONTENT, WEBSITES, PRODUCTS, MERCHANDISE, MATERIALS, FUNCTIONALITY, AND OTHER RESOURCES ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.

Without limiting the generality of the foregoing, Brodie Lane Pharmacy makes no representation or warranty that the quality of any items purchased or obtained through the website will meet your expectations, or that any password protection or other security measures will prevent unauthorized access to the site.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRODIE LANE PHARMACY OR ITS SUPPLIERS OR VENDORS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS, OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION, OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, ANY DEFECTS IN THE WEBSITE, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, WEBSITES, PRODUCTS, MATERIALS, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Neither Brodie Lane Pharmacy, nor its suppliers or vendors guarantee the sequence, accuracy, or completeness of any information or content available through the website and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby.

THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND BRODIE LANE PHARMACY’S OR ITS SUPPLIERS’ OR VENDORS’ CONTROL. THE OPERATION OF THE WEBSITE, WHETHER BY BRODIE LANE PHARMACY, ITS SUPPLIERS, OR ITS VENDORS, MAY NOT BE SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION AND ANY OTHER SECURITY MEASURES MAY NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS.

WITH RESPECT TO PRODUCTS, GOODS, OR WEBSITES PURCHASED THROUGH BRODIE LANE PHARMACY’S SUPPLIERS’ AND VENDORS’ SITES, IN NO EVENT SHALL ANY BRODIE LANE PHARMACY PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR WEBSITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ANY LIABILITY ON THE PART OF THE BRODIE LANE PHARMACY PARTIES, IN THE AGGREGATE, SHALL NOT EXCEED THE FEES PAID BY YOU SOLELY FOR THE RIGHT TO USE THE PARTICULAR INFORMATION OR WEBSITE PROVIDED BY BRODIE LANE PHARMACY HEREUNDER OR $25, WHICHEVER IS GREATER.

You acknowledge and agree that the limitations set forth above are fundamental elements of this Agreement and the Website would not be provided to you absent such limitations.

Indemnification

You hereby agree to indemnify, defend, and hold the Brodie Lane Pharmacy Parties harmless from any liability, loss, claim, and expense (including reasonable attorneys’ fees) related to or arising out of your use of the content on the website, or any Materials that you submit, post, or transmit through the site, your use of the website, your connection to the website, your violation of this Agreement, or your violation of any rights of another.

Changes to the Website

Brodie Lane Pharmacy and its suppliers and vendors may change or modify the information, websites, products, materials, and any other Resources contained on or accessible through the website, may charge, modify, or waive any fees required to use the website (including any portion thereof), or discontinue the website altogether, at any time without notice.

Your Obligations

You agree to use the website only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the website in any way. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the site (including by means of hacking or defacing any portion, or by engaging in spamming, flooding, or other disruptive activities, including with respect to the servers or networks used to make the website available) will not be tolerated. You are strictly prohibited from communicating on or through the website (including in connection with any Materials) any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, 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. We reserve the right to terminate or suspend your use of (including any access to) the website, or parts of it, without notice, if we believe, in our sole discretion, that it is in violation of this Agreement, our requirements, or any applicable law, or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or any other third party, including any of our partners, affiliates, sponsors, providers, licensors, or merchants.

You must not post, transmit, or otherwise make available through or in connection with the website any virus or other computer code, file, or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.

You agree to provide true, accurate, current, and complete information in connection with the website. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Website. Because any termination of your access to the website may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the website. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or the website.

You may be asked to supply a user ID and password and other information to register to use all or part of the website. We may refuse to grant you a user ID that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. For security reasons, user IDs and passwords must be non-obvious, hard-to-guess, confidential, and changed on a regular basis, and you must log out at the end of each session. You are responsible for maintaining the confidentiality of your user ID and password and are fully responsible for all activities (including purchases, as applicable) that occur in connection with your user ID or password such that, for all purposes under this Agreement, any activities in connection with your user ID or password will be deemed to be your activities. You agree to immediately notify us of any unauthorized use of either your user ID or password or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the website using your user ID or password. All user IDs and passwords remain the property of Brodie Lane Pharmacy, and may be cancelled or suspended at any time without any prior notice or any liability to you or any other person. Brodie Lane Pharmacy is not under any obligation to verify the actual identity or authority of the user of any user ID or password. If Brodie Lane Pharmacy, in its sole discretion, considers a password to be insecure, we may cancel the password.

You must respond promptly to all email and other correspondence from Brodie Lane Pharmacy, including without limitation email and correspondence concerning complaints or concerns regarding your use of the website and the use of your account.

Your submission of information through the website is governed by our Privacy Policy for the Website, located on our website, which, among other things, explains how we seek to protect the privacy of the personal information that you provided to us through the site.

When participating in surveys, contests, or other promotions (collectively, “Promotions”) offered through the website, you are urged to review the official rules and regulations governing those Promotions (if applicable) and the Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern with respect to that Promotion.

You are responsible for obtaining, maintaining and paying for all hardware, software, and all telecommunications and other websites needed for you to use the website.

Termination

This Agreement is effective until terminated by either party. If you no longer agree to be bound by this Agreement, you must cease your use of the website, including any access thereto. Your use of the website is at your sole risk. If you are dissatisfied with the website, its content, or any of the terms, conditions, and policies of this Agreement, your sole and exclusive legal remedy is to discontinue using the website.

If you breach any provision of this Agreement, then you may no longer use the website.

Brodie Lane Pharmacy or its suppliers or vendors may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your authorization to use the website and any membership and account you may have; (ii) suspend or terminate and permanently delete and destroy any user ID, password, URL, IP address, or domain name; (iii) remove from the website and permanently delete and destroy any Materials (or any components thereof) that you or others may have posted or submitted to the website (and for purposes of this Agreement, “posted” and “submitted” includes transmission on or through the Internet and in hardcopy format through facsimile or post) for any reason or no reason; (iv) restrict access to the Materials posted or submitted to the website and to any account you may have; and (v) prohibit you from any future use of the website; all without any prior notice or liability to you or any other person.

If this Agreement is terminated for any reason, then: (a) this Agreement will continue to apply and be binding upon you in respect of your prior use of the website (and any unauthorized further use of the Website), including payment of any charges accrued in connection with use of the Website and your indemnification obligations; (b) Brodie Lane Pharmacy may immediately remove from the website and permanently delete and destroy any Materials that you or others may have posted or submitted to the website without any prior notice or liability to you or any other person; (c) any fees and charges previously paid by you for unused websites will not be refunded; and (d) any rights or licenses granted to us under this Agreement will survive such termination.

Proprietary Rights

Subject to your compliance with this Agreement, Brodie Lane Pharmacy grants to you, solely for so long as you are permitted by us to use the website, a limited, revocable, non-exclusive, non-transferable license to access, use, and display the website (including any content or other materials generally made available through the website to users of the website) solely for your personal, non-commercial use. No title, rights, or interests in any content or other materials made available by the website are afforded to you; to the extent that you are authorized to download any such materials via the website, any such downloaded materials will be for your own personal, non-commercial use only.

As between you and Brodie Lane Pharmacy, Brodie Lane Pharmacy (and its suppliers and vendors) owns the website and all the content on the website other than Materials, including text, graphics, legends, customized graphics, original photographs, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of this material. The website and, other than Materials, all the content on the website is subject to trademark, website mark, copyright, and/or other intellectual property rights held by Brodie Lane Pharmacy and its suppliers and vendors. Any trademark or copyright notices may not be deleted or altered in any way. Brodie Lane’s trademarks and copyrights may not be used in connection with any products or websites that are not offered by or on behalf of Brodie Lane Pharmacy, or in any manner that is likely to cause confusion or otherwise violate our rights. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.

Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, modifying, deleting, augmenting, distributing, downloading, storing, reproducing, sublicensing, adapting, creating derivative works of any content available through the website other than Materials that you submit through or otherwise in connection with the website, or posting or otherwise making available this content (including selected portions of this content) in any manner on any network computer, broadcast media, or other technologies existing now or hereinafter developed for unauthorized publication or commercial use without the prior written consent of Brodie Lane Pharmacy is strictly prohibited. You hereby agree not to reproduce, duplicate, copy, sell, resell, decompile, disassemble, or exploit for any purpose other than for your personal, non-commercial use the website (including any portion thereof) or the use (including any access to) thereof, or to collect any information about visitors or users of the website, or otherwise systematically download and store website content. You represent, warrant, and agree that you will not send, submit, upload, post, reproduce, transmit, or distribute any communication, content, or Material of any type through or in connection with the website or otherwise to Brodie Lane Pharmacy  that infringes or violates any rights of any party or violates this Agreement.

If you submit or otherwise provide to Brodie Lane Pharmacy any communications, content, or Material, including, without limitation, any personal or commercial information, idea, concept, or invention, you hereby irrevocably grant to Brodie Lane Pharmacy an unrestricted, worldwide, perpetual, sub-licensable (through multiple tiers), royalty-free license to use, reproduce, display publicly, perform, publish, transmit, distribute, modify, create derivative works of, and otherwise exploit such Materials in any medium and for any purpose, and you further agree that Brodie Lane Pharmacy is free to (but has no obligation to) use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to Brodie Lane Pharmacy in accordance with the foregoing license grant. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Materials, ideas, concepts, or know-how provided to Brodie Lane Pharmacy that you may have under any applicable law under any legal theory.

Electronic Communications

When you send emails or other electronic messages to us or in connection with the website, you are communicating with us electronically and consent to our review and analysis of such messages and to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Location Based Websites

If you enable location-based websites on your computer or other device in connection with your use of the website, you expressly consent to Brodie Lane Pharmacy or its suppliers or vendors collecting the precise location information of your device. This information may be used in accordance with Privacy Policy for the website. Please review the Privacy Policy for further information.

 

Telephone, Text, and Fax Policy

By providing us your residential or wireless phone and/or fax number(s), you expressly consent to receive marketing and non-marketing autodialed and/or prerecorded calls, text messages and faxes (including fax advertisements) from or on behalf of Brodie Lane Pharmacy at the number(s) provided. Your consent to receive calls or texts on your wireless device is not a condition of any purchase. Consent may be revoked at any time by opting out of these services. You may also send an opt-out request via email to [email protected] with the phone and/or fax number you wish to opt-out. Your wireless carrier’s standard message and data rates may apply.

Third Party Resources

The website may contain links to, or otherwise make available, third-party sites, websites, products, information, content, materials, merchandise, functionality, and/or other resources (“Third Party Resources”). These links and access are provided for your convenience and reference only. We do not control such Third Party Resources and, therefore, we are not responsible for such Third Party Resources, or any content posted on or made available by such Third Party Resources. Be aware that Brodie Lane Pharmacy does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about such Third Party Resources, including without limitation the security of any Materials, or the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on or made available by such Third Party Resources or any other Internet sites. We reserve the right to terminate such links or such access at any time. The fact that the Website includes such links or access should not be construed in any way as an endorsement, authorization, or sponsorship of such Third Party Resources, or any content made available thereby. Because some Third Party Resources employ automated search results or otherwise link you to Third Party Resources containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in or made available by Third Party Resources, and you hereby irrevocably waive any claim against us with respect to such Third Party Resources. Your use of any Third Party Resources is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third Party Resources (such as Terms of Website or Privacy Policies of the providers of such Third Party Resources).

Governing Law/Venue

This Agreement, your use of the website, and all related matters, regardless of your location, are governed solely by, and construed solely in accordance with, the laws of the State of Texas, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. This Agreement will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.  The parties agree that venue for any dispute related to this Agreement must be exclusively in Travis County, Texas.

Dispute Resolution

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT BRODIE LANE PHARMACY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location exclusively in Travis County, Texas. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief, or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.

Copyright Infringement Claims: Notice and Take-Down Procedures

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the website infringe your rights under U.S. copyright law, you (or your agent) may send us a written notice by mail, e-mail, or fax, requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Brodie Lane Pharmacy a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (seehttp://www.copyright.gov/ for details), which, with respect to notices of infringement, currently include, among other requirements, the following:

  1. Sufficient information identifying the copyrighted work(s) believed to be infringed.
  2. Sufficient information identifying the allegedly infringing material(s) and the location of such material(s) in order to permit us to locate such material(s).
  3. A statement from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed that such owner or authorized representative has a good faith belief that the allegedly infringing materials are used in a manner not authorized by the copyright owner, its agent, or the law.
  4. Contact information for the complaining party, including a mailing address, a telephone number, and, if available, an email address.
  5. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed.

Notices and counter-notices must be sent in writing to us as follows:

Brodie Lane Pharmacy, 8916 Brodie Lane, Austin, Texas 78748

Email: [email protected]

Fax: 512-xxx-xxxx

 

General Information

In addition to the rights and privileges described in the terms, conditions, and policies outlined above, we further reserve the right to elect to electronically monitor areas of the website and may disclose any content, records, or electronic communication of any kind if required to do so by any law, regulation, or government request, if we believe that such disclosure is necessary or appropriate to operate the website, or to protect our rights or property, or the rights of the users, partners, affiliates, sponsors, providers, licensors, or merchants. If alerted to 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 website.

We control the website from within the United States of America, and the website is not intended to subject us to any non-U.S. jurisdiction or law. By using (including any access to) the website, you agree that such use (including any such access) is subject to the terms, conditions, and policies of this Agreement as well as applicable laws. The website may not comply with legal requirements of foreign countries. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States of America. Any portion of the Website or any other product or website provided by Brodie Lane Pharmacy is void where and to the extent prohibited by law, and you may not use the Website where it would be illegal to do so. We may limit the availability of the website at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.

Our failure to insist upon strict performance of any provision of this Agreement shall not be construed as an implicit waiver of any provision or right.

If any part of this Agreement is ruled to be unenforceable, then such part shall be severed, with the remainder of the Agreement remaining in full force and effect. This Agreement constitutes the entire agreement between you and Brodie Lane Pharmacy governing your use of the website. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction.

Contact Us

If you have a question or complaint regarding the website, please contact us:

 

Phone: (512) xxx-xxxx
E-mail: [email protected]
In-person:

Brodie Lane Pharmacy

8916 Brodie Lane, Austin, TX 78748