Terms of Use

MILLERS PHARMACY TERMS AND CONDITIONS OF USE

Welcome to www.millerspharmacy.com (this “Site”), a web site operated by Millers of Wyckoff, Inc.  This Site provides visitors and customers with access to content about our businesses and the products and services we offer. These terms and conditions of use (these “Terms of Use”) govern your general access to, and use of this Site.  You consent to and agree with these Terms of Use by virtue of engaging in such access and use.  We reserve the right, at our discretion, to change these Terms of Use from time to time.  Please check the Site periodically for such changes.  By continuing to access and use this Site following the posting of changes, you accept and agree to the revised Terms of Use.

These Terms of Use are a legal document, so clarity is important.  We’ll use this section to let you know about some words that have special meanings whenever you see them here.  The words “you” and “your” refer to each individual accessing this Site whether or not under an Account. The words “Millers Pharmacy”, “we”, “us” and “our” refer to Millers Pharmacy and Millers of Wyckoff, Inc., acting on behalf of itself and, where applicable, its third party licensors.  You also will notice that we capitalize certain additional words in these Terms of Use even though grammatical rules do not require. We do this because in the context of these Terms of Use, such capitalized words have specific meanings which can be found where they are first used, as indicated by bold text.

NEITHER THE SITE, NOR ANY OF ITS CONTENTS ARE INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THIS SITE DOES NOT SUBSTITUTE FOR A MEDICAL EXAM OR OTHERWISE REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN BEFORE TAKING ANY ACTIONS RELATED TO YOUR HEALTH. ONLY YOUR PHYSICIAN CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND MOST EFFECTIVE FOR YOU. YOU SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ ON OR MAY HAVE PURCHASED USING THE SITE.  IF YOU HAVE AN ACCOUNT WITH US, WE MAY ASK A FEW BRIEF QUESTIONS ABOUT YOUR MEDICAL HISTORY AND/OR TAKE SUCH OTHER STEPS AS STATE AND NATIONAL BOARDS OF PHARMACY REQUIRE.  THIS INFORMATION IS USED BY OUR STATE-LICENSED PHARMACISTS IN ACCORDANCE WITH PARAGRAPH 8 BELOW.  YOU SHOULD UNDERSTAND THAT PROVIDING US WITH SUCH INFORMATION DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP NOR DOES ALTER ANY OF THE DISCLAIMERS SET FORTH IN THIS PARAGRAPH OR ELSEWHERE IN THESE TERMS OF USE.

  1. 1.              Rights and ConditionsYou may access and view the content made available on this Site, including text, images, graphics, logos, designs, audio, video and other information, code, data and materials (the “Content”) on your computer or other Internet compatible device and use the products and services offered on this Site solely in connection with your personal, non-commercial use.  You may also make single copies or print-outs of the Content in connection with your permitted use.  You may not make use of this Site including any Content for any commercial purpose unless you have received our express written prior permission in advance .  You acknowledge that any use of this Site or Content, except as otherwise permitted herein, is a breach of these Terms of Use, and may put you in violation of Applicable Laws .  We will not be responsible or liable for any loss or damage arising from your failure to comply with these Terms of Use.

 

  1. 2.              Applicable LawsWe control and operate the Site from within the United States of America (the “USA”).  The Site is directed at visitors from the USA, 18 years of age and over.  The English language version of these Terms of Use is the controlling version regardless of any translation you may attempt.  We do not represent that this Site or its Content, including the services or products provided to holders of Accounts are appropriate or lawful for use in other locations outside of the USA or that our operation (including our processing and handling of Submitted Materials) will comply with all local laws.  Users who choose to access this Site from outside the USA or provide Submitted Materials as non-USA citizens, do so of their own initiative, and are responsible for compliance with all applicable local, state, national and international laws and treaties (“Applicable Laws”).  These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey and the U.S. federal laws enforced within, without regard to principles of conflicts of laws.  All proceedings relating to us, the Site or these Terms of Use shall be brought in the state or federal courts located in the New Jersey and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts.

 

  1. 3.              ContentContent will have a variety of origins, including information generated and provided by us and information, data and materials of third parties.   We do not provide any warranty that the Content is or will be:

 

  • accurate or complete;
  • current (or that it will be updated);
  • error free (either technically or with respect to typographical errors); and/or
  • free from interruptions, computer viruses or other harmful components.

You may make use of the Content under the rights set forth in these Terms of Use but under no circumstances will we be liable for any loss or damage caused by your reliance on Content.  It is, therefore, your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other elements of the Content.  We also remind you that all Content related to health conditions, medications or medical services is subject to the disclaimer that appears before paragraph 1 of these Terms of Use.

  1. 4.              Social Media. This section of these Terms of Use applies to everyone who interacts with our social media presence. You are therefor viewing this page because you either linked from the social media features on this Site (such as blogs and comments sections) (“Internal Social Media Features”) or from comment sections, feeds and other elements of social media presence viewable on Facebook, Twitter, YouTube, Google+, LinkedIn or any of the many other available external third party social media platforms we utilize (“External Social Media Presence”). Social media platforms are places of public information exchange, and you should have no expectation of privacy.  Specifically, paragraph 8 hereof does not apply to our External Social Media Presence.  The sites and platforms that host our External Social Media Presence are not controlled by us and therefore their own, and not our privacy policies and terms of use will apply.  The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of the Millers Parties. Inappropriate comments may appear on our Internal Social Media Features and on our External Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed.   If you see an offensive or inappropriate post or comment on our External Social Media Presence, you should report it using the procedures established by the operator of the applicable site or platform.  If you see such a post on Internal Social Media Features it should be reported directly to us via the contact information below.

 

  1. 5.              Trademarks and other Intellectual Property Rights. The logos, names and other similar marks (collectively, the “Trademarks“) displayed on this Site are registered and unregistered Trademarks of ours and our licensors and may not be used unless authorized by the Trademark owner.  Nothing contained on this Site should be construed as granting any such license or other right to use any Trademark displayed on this Site.  As between you and us, we own and are the exclusive owners of all rights, title and interest, including intellectual property rights (including copyrights, patents and trademarks), proprietary rights (including trade secrets and data base rights) and moral rights (including rights of attribution and authorship) throughout the world in and to this Site, its look and feel, design and organization, and the compilation of the content, code, data and materials thereon and the products and services contained on this Site.  If you believe any content appearing on this Site violates your intellectual property rights, please give us notice so we can consider appropriate take down procedures.

 

  1. 6.              Account RegistrationIn order to use certain products and services offered on this Site you will have to register and create an account (an “Account”).  If you create an Account you will: (a) agree to submit complete, accurate, and current information and data about you (the “Registration Information”); and (b) maintain and promptly update your Registration Information. As part of the registration process, you may be issued dual authentication credentials in the form of an unique user identification (“User Name”) and a password (“Password”).  Your commitment to maintaining the strict confidentiality of that information is a material condition of your access and use of this Site.  You must not use or allow others to use your User Name and Password or Account and you agree to: (i) immediately notify us of any unauthorized use of your User Name or Password or any other breach of security related to this Site; and (ii) ensure that you log-off and exit from your Account at the end of each session.  You are responsible for all activity that occurs under your Account, including any activity by unauthorized users.  It is also your responsibility to notify us if you desire to cancel your Account.  The products and services you receive from us via your Account may be subject to additional terms and conditions you will be asked to agree to prior to receiving or making use of them. In any case, products and services provided to Account holders are subject to the disclaimer that appears before paragraph 1 of these Terms of Use.  We reserve the right to suspend or terminate any Account we believe is being misused, used for unlawful purposes or which was opened using false Registration Information.

 

  1. 7.              Submitted Materials; User Generated ContentAll information, ideas, suggestions, concepts or other materials submitted by you voluntarily or at our request, such as Registration Information or user generated content on our Internal Social Media Features or External Social Media Presence (collectively, “Submitted Materials”)  may be used by us in any lawful manner, provided that personal information portions of Submitted Materials will only be used as described in this paragraph 8.  By providing Submitted Materials you: (a) represent and warrant that you own or otherwise have all necessary rights to do so and that the Submitted Materials comply with Applicable Laws; and (b) you grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell, export and otherwise use such material (in whole or part) and/or to incorporate it in other works in any form, media or technology now known or later developed.  We cannot be responsible for maintaining any Submitted Materials that you provide to us, therefore you should retain all such data and information in your own records.

 

  1. 8.              Our Privacy PoliciesOur collection of certain information about you including the Registration Information and any personal information provided as part of the below described Submitted Materials, is subject to the Site’s Privacy Policy, which is incorporated herein by reference for all purposes.  Elements of such information also may be considered Protected Health Information and electronic Protected Health Information under U.S. federal law.  Our use and handling of that information is governed not by the general Privacy Policy, but by our Notice of Privacy Practices.

 

  1. 9.              Prohibited User Conduct.   You are expressly prohibited from engaging or assisting others from engaging in the conduct listed below:

 

  • interfering with, disrupting, altering or destroying the Site or its Content;
  • probing, scanning or testing the vulnerability of the Site or any system or network on, from or through which the Site is provided;
  • attempting to circumvent or defeat any system or network security measures on, from or through which the Site is provided;
  • removing, modifying or obscuring any proprietary rights notices that we place the Site;
  • spidering, “screen scraping,” “database scraping,” harvesting or otherwise attempting automatic or manual means of accessing, logging-in to, obtaining data or information from or using this Site or any Account;
  • impersonating any person or entity or misrepresenting your affiliation with any other person or entity;
  • transmitting, distributing, disseminating, publishing or storing any information that is in violation of Applicable Law or constitutes or contains false or misleading indications of origin, endorsement or statements of fact or is fraudulent, libelous, defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of any party;
  • violating the privacy rights of any party under Applicable Law;
  • introducing harmful of malicious code (such as viruses and malware); or
  • using the Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to as “spam”) or commercial electronic messages, even if previously solicited by the intended recipient, including by inserting your own or a third party’s advertising, branding or other promotional content into any of the Site’s Content.

 

  1. 10.            Third Party Web Sites.  You may see on the Site  hyperlinks or pointers to other web sites maintained by third parties and we also may provide third party content on the Site by framing or other methods (collectively, “Links”).  Links are provided for your convenience and information only. The fact that we provide a Link does not mean that we endorse, authorize or sponsor that web site or offering or that we are affiliated with the third party owners or sponsors.  Neither the web sites nor parties to which a Link will bring you are under our control and as such we are not responsible in any way for their availability, content, advertising, products or materials, including any further links their sites may contain. This means that once you follow a Link, you are no longer subject to our Privacy Policy.  You should, therefore, carefully review the privacy statements and other conditions of use and sale related to any Links.  We reserve the right to terminate a Link at any time without notice.

 

  1. 11.            Liability and IndemnityIN ADDITION TO THE MEDICAL DISCLAIMER PROVIDED BEFORE PARAGRAPH 1, THE SITE, ITS CONTENT AND ANY OTHER INFORMATION, PRODUCTS OR SERVICES ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, MILLERS PHARMACY, MILLERS OF WYCKOFF, INC., THEIR AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS AND REPRESENTATIVES (“MILLERS PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT OR ITS PRODUCTS AND SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE ITS USE.  THE MILLERS PARTIES, HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, (INCLUDING CLAIMS OF DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE, ITS CONTENT OR PRODUCTS AND SERVICES THAT YOU ACCESS THROUGH THE SITE.  THESE LIMITATIONS SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE MILLERS PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE. You agree to defend, indemnify and hold the Millers Parties harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of this Site, or your breach or violation of Applicable Laws or of these Terms of Use.  Millers Pharmacy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Millers Pharmacy’s defense of such claim.

 

  1. 12.            Term and Termination.   These Terms of Use apply to all users of this Site at all times until we supersede and replace them.  We may at any time terminate, change, suspend, add to or discontinue any aspect of this Site itself, or your right to use it, including your Account, without notice or liability to you.

 

  1. 13.            Miscellaneous.  These Terms of Use, our Privacy Policy and our Notice of Privacy Practices are the entire and exclusive agreement between us and all visitors and users of the Site.  Neither any course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you.  You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of this Site or these Terms of Use must be filed by you within one (1) year after such claim or cause of action arises or be forever barred.  Should any provision of these Terms of Use be held to be unenforceable, that provision will be limited to the minimum extent necessary and the remaining provisions hereof shall remain in full force and effect.  The waiver of any breach of these Terms of Use will not constitute a waiver of any other or future breach and will not act to amend or negate the rights of the waiving party.  You many not assign your rights or obligations hereunder.  The provisions of these Terms of Use pertaining to disclaimers, exclusion of damages, limitation of liability and indemnification shall survive termination.  The word “including” is exemplary meaning “including, without limitation” or “including, but not limited to” unless otherwise indicated.

 

If you have questions please contact us at 678 Wyckoff Ave Wyckoff, New Jersey 07481, by phone at (201) 891-3333 or by e-mail at info@millerspharmacy.com.