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This is an Agreement between you and Best-Meds.com, and
governs your use of the Best-Meds.com web site at
www.Best-Meds.com. and its content (collectively the "Main Site") as well as
your use of the Best-Meds.com secure ordering site and its
content (collectively the “Secure Site”), where both the Main Site and Secure
Site are collectively referred to as the “Site”. Each time you use the Site you
signify your acceptance and agreement, and the acceptance and agreement of any
person you purport to represent (and for purposes of this Agreement, "person"
includes natural persons and any type of incorporated or unincorporated
entity), without limitation or qualification, to be bound by this Agreement,
and you represent and warrant that you have the legal authority to agree to and
accept this Agreement on behalf of yourself and any person you purport to
represent.
Please take some time to familiarize yourself with these provisions. If you do
not agree to these terms and conditions, you should immediately discontinue any
use of the Site. Also note that these terms and conditions may change from time
to time and it is your responsibility to check for such updates. This Agreement
in effect since
February 1st, 2003 |
| 1. |
Reserved Rights and Grant of
Limited License |
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(a) © Best-Meds.com - All Rights Reserved..
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(b) The Site may be used only by persons who are at least the age of majority
where they reside and can form legally binding contracts under applicable law.
The Site may not be used by persons in jurisdictions where access to or use of
the Site or any part of it may be illegal or prohibited. If you are allowed to
access the Site, subject to the terms above, you are granted a limited license
to use (display or print) short extracts of the data and information
(collectively, the “Information”) for your own personal non-commercial use
only, provided the Information is not modified and you shall be fully
responsible for any consequences resulting from such use. Any other use of the
Information without Best-Meds.com's prior written consent,
including, but not limited to, any reproduction, republication or
re-dissemination in any manner or form is prohibited. |
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(c) Best-Meds.com will take appropriate legal action to
enforce its rights. |
2. |
No Linking, Framing, Mirroring, Scraping, Data-Mining and Postings |
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(a) Links to the Site without Best-Meds.com's express
written permission are strictly prohibited. To request permission to link to
the Site, please contact webmaster@BEST-MEDS.com. The framing, mirroring,
scraping or data-mining of the Site or any of its content in any form and by
any method is strictly prohibited. |
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(b) You may not use any collaborative browsing or display technologies in
connection with your use of the Site or to post comments, communications, or
any other data of any kind to or on the Site with the intention that such
postings may be viewed by other users of the Site. |
3. |
Termination of this Agreement |
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(a) If you breach any provision of this Agreement, you may no longer use the
Site. Best-Meds.com may, at any time and for any reason and
in its sole discretion, change, suspend or terminate, temporarily or
permanently, the Site or any part of it, or your permission to use the Site,
without any prior notice or liability to you or any other person. If this
Agreement or your permission to use the Site is terminated by you or Best-Meds.com for any reason, then: |
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(i) this Agreement will nevertheless continue to apply and be binding upon you
in respect of your prior use of the Site; and
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(ii) Best-Meds.com may continue to use and disclose your
personal information submitted on the Main Site in accordance with the Best-Meds.com
Privacy Policy as amended from time to time.
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4. |
No Endorsement |
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(a) The Site may contain links to other sites which are provided only as
references to help you identify and locate Internet resources that may be of
interest. Such other sites were independently developed by parties other than
Best-Meds.com, and Best-Meds.com does not
assume responsibility for the accuracy or appropriateness of the information
contained at such sites. In providing links to other sites, Best-Meds.com is in no way acting as a publisher or disseminator of the
material contained on those other sites and does not seek to control the
content of, or maintain any type of editorial control over, such sites. |
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(b) A link to another site should not be construed to mean that Best-Meds.com
is affiliated or associated with, or is legally
authorized to use any trademark, trade name, logo or copyrighted symbol that
may be reflected in the link or the description of the link to such other
sites. |
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(c) The mention of another party or its product or service on the Site should
not be construed as an endorsement of that party or that party’s product or
service. |
5. |
No Liability |
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(a) Best-Meds.com DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE
OF THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT
LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS,
ALL OF WHICH ARE HEREBY DISCLAIMED BY Best-Meds.com TO THE
FULLEST EXTENT PERMITTED BY LAW. |
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(b)Best-Meds.com IS NOT RESPONSIBLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY OTHER DAMAGES
WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE
OF THE SITE OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE SITE, INCLUDING
ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION,
PERSONAL INJURY, OR ANY OTHER PECUNIARY LOSS, WHETHER THE ACTION IS IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER TORTUOUS ACTION. |
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(c)Best-Meds.com DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED
USE OR REPRODUCTION OF ANY PORTION OF THE SITE. |
6. |
Trademarks |
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(a) Certain words, phrases, names, designs or logos used on the Site may
constitute trademarks, service marks or trade names of Best-Meds.com or other entities. The display of any such marks or names on
the Site does not imply that a license has been granted by Best-Meds.com
or other entities. |
7. |
Confidentiality |
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(a) Best-Meds.com takes all reasonable precautions and
implements reasonable safety measures to protect information submitted through
the Secure Site which you use to place an order. |
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(b) The Main Site (and the Internet generally) is not a secure medium and
privacy, even at the Secure Site, cannot be ensured. Internet e-mail is
vulnerable to interception and forging. Best-Meds.com will
not be responsible for any damages you or any third party may suffer as a
result of the transmission of information that you make to Best-Meds.com
through the Main Site, or that you expressly or implicitly
authorize Best-Meds.com to make, or for any errors or any
changes made to any transmitted information. |
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(c) All information submitted to Best-Meds.com via the Main
Site shall be deemed and remain the property of Best-Meds.com
and Best-Meds.com shall be free to use, for any purpose,
any ideas, concepts, know-how or other techniques contained in information
provided to Best-Meds.com through the Main Site or sent
through e-mail. Best-Meds.com shall be subject only to the
obligations of confidentiality regarding any such information as contained in
paragraph 7 “Privacy Policy” below or required by law. |
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(d) Any and all information submitted to Best-Meds.com
through its Secure Site when placing an order is governed by the terms stated
in the Order Form and is kept confidential. |
8. |
Privacy Policy |
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(a) On the Main Site, Best-Meds.com collects, uses and
discloses your personal information in accordance with the Best-Meds.com
Privacy Policy. By accepting this Agreement, and each time you
use the Site, you consent to Best-Meds.com's collection, use
and disclosure of your personal information in accordance with the Privacy
Policy as it then reads without any further notice or any liability to you or
any other person. |
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(b) Information collected on the Secure Site is governed by the privacy terms
stated in the Order Form. |
9. |
Computer Viruses |
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(a) While every effort is made to ensure that all information provided at the
Site does not contain computer viruses, you should take reasonable and
appropriate precautions to scan for computer viruses and should ensure that you
have a complete and current backup of the applicable items of information
contained on your computer system. You should pay specific attention to some of
the newer viruses that have been written to automatically execute when an
infected word processing document is loaded into certain word processing
programs. |
10. |
Choice of Law |
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(a) The laws of Canada (GEORGIA) shall govern as to the interpretation,
validity and effect of this Agreement notwithstanding any conflict of laws,
provisions or your domicile, residence or physical location. You hereby consent
and submit to the non-exclusive jurisdiction of the courts of (GEORGIA) in any
action or proceeding instituted under or related to this Agreement. |
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(b) You agree not to impersonate another person in your use of the Site or the
sending of any e-mail to an address listed on the Site. |
11. |
General Terms |
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(a) This Agreement, including any changes made to this Agreement from time to
time, constitutes the entire agreement between you and Best-Meds.com
relating to your use of the Site, and supersedes all previous
agreements, written, oral or otherwise, between you and Best-Meds.com
with respect to your use of the Site. |
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(b) If any provision of this Agreement is found to be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed to be severed
from the rest of this Agreement and shall not affect the validity and
enforceability of any remaining provisions. |
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(c) The provisions of this Agreement will ensure to the benefit of and be
binding upon each of Best-Meds.com and its successors and
assigns and related persons, and you and your heirs, executors, administrators,
successors, permitted assigns, and personal representatives. You may not assign
this Agreement or your rights and obligations under this Agreement without the
express prior written consent of Best-Meds.com which may be
withheld in Best-Meds.com's sole discretion. Best-Meds.com
may assign this Agreement and its rights and
obligations under this Agreement without your consent. |
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(d) No consent or waiver by either party to or of any breach or default by the
other party in its performance of its obligations under this Agreement will be
deemed or construed to be a consent to or waiver of a continuing breach or
default or any other breach or default of those or any other obligations of
that party. No consent or waiver will be effective unless in writing and signed
by both parties. |
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(e) All Sections of this Agreement survive indefinitely after the termination
of this Agreement. |
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