ACCEPTANCE OF TERMS THROUGH USE
By using this website or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement, please do not use this website, and do not click “I agree”. Please check this Agreement periodically for changes as the owner of this website, as Farmasi reserves the right to revise this Agreement. In the event of a change to this Agreement, your continued use of this website following the posting of any changes constitutes acceptance of such changes. Farmasi reserves the right to terminate a user’s use of this website at any time without notice and may do so for any breach of this Agreement.
YOU MUST BE OVER OVER THE AGE OF MAJORITY WHERE YOU RESIDE OR OLDER TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood, and agreed to by a person over the age of majority in their jurisdiction of residence, who is able to enter binding contracts. If a parent or guardian wishes to permit their minor child under the age of majority to access this Site, he or she should email Farmasi with his or her explicit permission and acceptance of full legal responsibility. If you are not yet of the age of majority where you reside or are accessing this website from any country where this material is prohibited, please exit now as you do not have proper authorization.
LICENSE TO USE THIS SITE
Upon your agreement, Farmasi hereby grants you a non-exclusive, non-transferable limited and revokable license to use this website in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements as you use this website. You acknowledge and agree that all content and services available on this website are property of Farmasi and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S., Canada, and internationally. All rights not expressly granted herein are fully reserved by the Farmasi, its advertisers and licensors. You agree to pay for any and all purchases and services using your name and credit card through this website, not to challenge any such charges and to pay for all collections and/or attorneys’ fees resulting from any non-payment.
Except as may be explicitly permitted under this Agreement or applicable law, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this website. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database, or directory without prior written permission from Farmasi is directly prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this website through your Username and Password by anyone other than yourself, including but not limited to, keeping such information in strict confidence, notifying the Company immediately if you discover loss or access to such information by an unauthorized party and by using a secure Username and Password not easily guessed by a third party. We are not responsible for your failure to comply with this clause, or for any delay in inactivating your Username and Password after you have reported an issue to us. You are responsible for all activity that occurs under your Username and Password.
You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter any executable code, contents, or materials on or received via this website. You understand that such actions may subject you to serious civil and criminal legal penalties and that Farmasi shall pursue its available remedies to the full extent of the law to protect its rights and the rights of its other licensors.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this website, or materials or services received through this website, and, in particular, you shall not export or re-export anything on or received through this website in violation of local or foreign export laws and/or without all required U.S., Canadian, and foreign government licenses.
Errors and Corrections
While we use reasonable efforts to include accurate and current information on our website, we do not warrant or represent that the website will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our website, including pricing and availability of products and services, at any time and without notice, and shall have no liability for such errors. We may also make improvements and/or changes to the website’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us and we will verify it for you.
LINKS TO OTHER WEBSITES
USER’S LICENSE GRANT TO SITE
Except regarding personal information, all information which you post on this website or communicate to Farmasi through this website (collectively “Submissions”) shall forever be the property of Farmasi. Farmasi shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Farmasi services or products. Without limitation, Farmasi shall have exclusive ownership of all present and future existing rights to any submission of every kind and nature everywhere. Where such grant of ownership is not effective under applicable law, you: i) grant Farmasi a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all of your Submissions (in any format or media); and (ii) waive all moral rights in and to any and all of your Submissions in favour of Farmasi and those acting with its permission. For greater certainty, this means that, among other things, Farmasi has the right to use any and all ideas you submit (including ideas about our plans, services, publications or campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
You acknowledge that you are fully responsible for your Submissions, including their legality, reliability, appropriateness, originality, and copyright, and intellectual property. You hereby represent and warrant that your Submission does not infringe the rights of any third party, including without limitation any intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others and that it will not give rise to any claims for payment whatsoever.
By using features of this website that allow you to post or otherwise transmit information to or through this website, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, video, software, images, sounds, data, or other information – that, as determined in our sole and absolute discretion:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this website’s rules or policies.
- infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party.
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of Farmasi or any third-party; or
- impersonates any person or entity, including any employee or representative of this website, its licensors, or advertisers.
You also agree that you shall not harvest or collect information about the users of this website or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or any third-party.
Without limiting the foregoing, you further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate parental consent.
This website generally does not pre-screen, monitor, or edit the content posted by users of this website. However, Farmasi, this website and its agents have the right, at their sole discretion, to remove any content that, in any of their sole and absolute judgment, does not comply with this Agreement or is otherwise harmful, objectionable, or inaccurate. Farmasi and its representitives and licensors are not liable for any failure, delay, damages, or results, in removing such content.
You agree that your use of this website may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this website in violation of this Agreement and/or for any purpose that violates any local, state, provincial/territorial, federal or law of other nations, including but not limited to the posting of information that may violate third-party rights, that may defame a third-party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you understand and agree that the owner of this website may disclose your identity and contact information, including if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this website shall not be liable for damages or result of such actions, and the owner of this website shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this website for such disclosure.
INTELLECTUAL PROPERTY RIGHTS
The website design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the website are protected under applicable copyright laws, and ALL RIGHTS ARE RESERVED. The posting of any such elements on the website does not constitute a waiver of any right in such elements. You do not acquire ownership rights or other rights in the website content, to any such elements viewed through the website, and except as expressly provided, nothing herein or within the website shall be construed as conferring on you or any other person any license under any of Farmasi’s or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the website content in any manner whatsoever. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recording, or otherwise, without Farmasi’s prior written permission.
To to provide notice of allegedly infringing materials on the website, please contact us using the contact information provided below.
The Farmasi name, logo, and all product names, company names, and all other logos and trademarks, unless otherwise noted, are trademarks and/or trade dress of Farmasi US LLC. The use or misuse of any trademarks or any other materials contained on the website, without the prior written permission of their owner, is expressly prohibited.
THIRD PARTY SITES
DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, Farmasi, its advertisers and licensors make no representation or warranties about this website, the suitability of the information contained on or received through use of this website, or any service or products described on or received through this website. All information and use of this website are provided “as is” and “as available”, without warranty of any kind. Farmasi, advertisers and/or its licensors hereby disclaim all warranties with regards to this website, the information contained or received through use of this website, and any services or products described on or received through this website, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Farmasi, its advertisers and/or its licensors do not warrant that the contents or any information received through this website are accurate, reliable or correct; that this website will be available at any particular time or location; that any defects or errors will be corrected; or that the contents of any information received through this website is free of viruses or other harmful components.
Comments or opinions expressed on the website are those of their respective Users only. The views expressed on the website and in User Submissions do not necessarily represent or reflect the views of Farmasi. Farmasi is not responsible for, and disclaims all liabilıty in relatıon to, the Submissions posted, uploaded or otherwise submıtted to or through the website.
Any products and/or services described on the website are offered in jurisdictions where they may be legally offered. The informatıon on the website is not an offer or solicitation by anyone to anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.
Your use of this website is solely at your risk. User agrees that it has relied on no warranties, representations, or statements other than as expressly set out in this agreement. Some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.
LIMITATION OF LIABILITY
Under no circumstances shall Farmasi, its advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Farmasi, its advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Farmasi, its advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.
You agree to defend, indemnify, and hold harmless, Farmasi and its advertisers, licensors, subsidiaries and other affiliated companies, and each of their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this website, or any services, information or products described on or received through this website, or any violation of this Agreement. Farmasi reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Farmasi in asserting any available defenses.
Farmasi may suspend or terminate this Agreement or User’s use of this website, or any portion of this website, immediately upon receipt of any notice which alleges that User has used this website for any purpose that violates any local, state, provinical/territorial, federal or law of other nations or jurisdictions, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations of its agent, officers, directors, contractors or employees. In such event, Farmasi may disclose the user’s identity and a subpoena or other legal action, and Farmasi shall not be liable for damages or results thereof and user agrees not to bring any action or claim against Farmasi for such disclosure.
Further, Farmasi may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the website or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If this Agreement or your permission to use the webite is terminated by us for any reason, the agreement formed by your (or, your parent’s or legal guardian’s on your behalf, if you are under the age of majority in your jurisdiction of residence), acceptance of this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the website and anything relating to or arising from such use. If you are dissatisfied with the website or with this Agreement, then your sole and exclusive remedy is to discontinue using the website. The Disclaimer of Warranties, Limitation Of Liability, Indemnification, and Intellectual Property Rights provisions in this Agreement shall survive any termination of this Agreement.
CHOICE OF LAW AND FORUM
This website (excluding third party linked sites) is controlled by Farmasi from its offices within the State of Florida, United States of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by the website. Each of these places has laws that may differ from Florida. By accessing this website, if you are not an individual User who is resident in the province of Quebec, both you and Farmasi agree that the statutes and laws of Florida shall apply to any actions or claims arising out of or in relation to this agreement or your use of this Farmasi, without regards to conflicts of laws principles thereof. Further, if you are not an individual User who is resident in the province of Quebec, ou and Farmasi also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of the federal or state courts of Florida, and any legal proceedings shall be conducted in English. Farmasi makes no representation that materials on this website are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited.
This Agreement incorporates by reference the website Submission Rules if this Website allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of Farmasi. If any provision of this Agreement is prohibited by law are held to be unenforceable, the remaining provisions hereof shall not be affected, and this agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.
This Agreement is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.
You may also contact our Customer Service department at the following mailing address:
Farmasi US LLC
2315 NW 107th Ave Suite 2C01
Doral, FL 33172