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Acceptance of Terms
Welcome to the Destinationrx.com website ("DestinationRx" or the "Site" or "We") - the leading health,
wellness and beauty comparison shopping destination on the Web. DestinationRx provides you with objective,
unbiased product and price information on thousands of products from dozens of health-related websites
thereby allowing you to compare products and make more informed purchasing decisions. It is our goal
to provide you with the most pleasurable shopping experience possible. Accordingly, we have established
the following Terms of Use ("Terms") to inform you of both our and your rights. By using the Site, you
accept to be bound by the terms set forth herein. We reserve the right at any time to modify these Terms,
without notice to you. Please review these Terms periodically for any updates or changes. THIS AGREEMENT
CONCERNING THE USE OF OUR WEB SITE DOES NOT IN ANY WAY, CHANGE, ALTER OR SUPERSEDE ANY OF THE TERMS
OF THE MEMBERSHIP BENEFITS AGREEMENT YOU ACCEPTED AND AGREED TO IF YOU ENROLLED IN OUR HEALTHCARE DISCOUNTS
BENEFITS MEMBERSHIP PROGRAM ("Discount Health Membership Agreement").
Description of Service
DestinationRx currently provides users with online pharmacy price comparison and drug substitution
technologies and databases to help consumers save on their healthcare costs. Additionally, DestinationRx
provides a wide selection of pharmaceutical information and materials to assist users in researching
healthcare options. These offerings and services are hereinafter referred to as "the Service". The health
information, drug consultation service, and generic substitution information furnished on this site
and any interactive responses are not intended to be professional advice and are not intended to replace
personal consultation with a qualified physician, pharmacist or other healthcare professional. You must
always seek the advice of a professional for questions related to your condition, condition symptoms,
and appropriate therapeutic treatments. If you have or suspect that you have a medical problem or condition,
please contact a qualified healthcare provider immediately. You should never disregard medical advice
or delay in seeking it because of something you have read on this site.
We do not make any warranty that the content on this site satisfies government regulations requiring
disclosure of information on prescription drug products. The content was developed for use in the United
States, and neither our content providers nor we make any representation concerning the content when
used in any other country. While information on this site has been obtained from sources believed to
be reliable, neither our content providers nor we warrant the accuracy of codes, prices or other data
contained on this site.
We do not give medical advice, nor do we provide medical or diagnostic services. Medical information
changes rapidly. Neither our content providers nor we guarantee that the content covers all possible
uses, directions, precautions, drug interactions, or adverse effects that may be associated with any
therapeutic treatments.
Your reliance upon information and content obtained by you at or through this site is solely at your
own risk. Neither we nor our content providers assume any liability or responsibility for damage or
injury (including death) to you, other persons or property arising from any use of any product, information,
idea or instruction contained in the content or services provided to you.
Limitation of Liability
Our content partners and vendors have utilized reasonable care in collecting and reporting the information
contained in the Products on this website and have obtained such information from sources believed to
be reliable. However, our content partners and providers do not warrant the accuracy of the information
in the website, nor of codes, prices or other data available on this site. Information reflecting prices
is not a quotation or offer to sell or purchase. The clinical information, including but not limited
to drug substitution reports, contained in the Service is intended as a supplement to, and not a substitute
for, the knowledge, expertise, skill, and judgment of physicians, pharmacists, or other healthcare professionals
in patient care. The absence of a warning for a given drug or drug combination should not be construed
to indicate that the drug or drug combination is safe, appropriate or effective in any given patient.
DestinationRx, ITS CONTENT PROVIDERS AND PARTNERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR
IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE
INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS, AND SPECIFICALLY
DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU USE THIS SITE AND THE MATERIAL AND INFORMATION ON THE SITE SOLELY AT YOUR OWN RISK. ALL MATERIALS
ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. DestinationRx AND OUR INFORMATION PROVIDERS SHALL
NOT BE LIABLE FOR ANY DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF USE OF THE SITE, AND INCLUDING ANY
CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US),
WE (OR OUR CONTENT PROVIDERS OR SPONSOR/ADVERTISERS) SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR
DAMAGE, YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE
THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED $1,000. YOU AND WE (ON BEHALF OF OURSELVES AND
OUR CONTENT PROVIDERS, CONTENT PARTNERS, AND SPONSOR/ADVERTISERS) AGREE THAT THE FOREGOING LIMITATION
OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US (AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS)
AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THIS SITE, THE SERVICES AND THE CONTENT. YOU ACKNOWLEDGE
THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE, THE SERVICES
OR THE CONTENT TO YOU.
Trademarks and Copyrights
DestinationRx, Inc., DestinationRx.com, DestinationRx Vendor Rating, RxPriceWatch, and other graphics,
logos, and service names used on this web site are the trademarks of DestinationRx, Inc. All other brands
and names (including third-party product names) are the property of their respective owners. All Content
in the Site is protected by copyrights, trademarks, or other intellectual property rights. Accordingly,
no material from this website may be copied, reproduced, republished, uploaded, posted, transmitted,
commercialized or distributed in any way, except that you may download one copy of the materials on
any single computer for your personal, non-commercial home use only, provided you keep intact all copyright
and other proprietary notices. Modification of the materials or use of the materials for any other purpose
is a violation of our Intellectual Property rights and our content providers' Intellectual Property
rights. Except for those third party materials as designated, all rights, title and interest in and
to the materials on this site (including but not limited to all copyrights, trademarks, service marks,
trade names and all derivative works) are owned or controlled by and shall remain at all time vested
in DestinationRx and its content providers.
Your Personal Account
While you do not have to login as a member to use some of our services, registered members enjoy services
and benefits unavailable to non-members. If you choose to become a member of the Site, you agree to:
(a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly
update the Account Information to keep it true, accurate, current and complete. If you provide any information
that is false, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse
any and all current and future use of the Site without notice to you. Upon registration, you may choose
an account and password designation. You are responsible for maintaining the confidentiality of the
password and account and are fully responsible for all activities that occur under your password or
account. We reserve the right to suspend or deny, in our sole discretion, your access to all or any
portion of the Site with or without notice. You acknowledge and agree that we may immediately deactivate
or delete your account and all related information and files in your account, at any time, and bar any
further access to such files or the Site.
Account Information and certain other information about you is subject to our Privacy Policy. For
more information, please see our full privacy policy.
You will receive a password and login name when you have completed the Account Information. You are
responsible for maintaining the confidentiality of the password and account and are fully responsible
for all activities that occur under your password or account. You agree to immediately notify us of
any unauthorized use of your password or account or any other breach of security. In order to protect
your personal information, please remember to logoff after each session. You agree that DestinationRx
cannot be held liable for your failure to comply with this section.
Acceptable Conduct
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or
enjoying the Site will not be permitted. You agree to use the Service only for lawful purposes. You
agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion
of DestinationRx' website, the Service, or third party information associated with the Service.
You agree not to access the Site by any means other than through the interface that is provided by
us for use in accessing the Site.
We may terminate your access, or suspend your access to all or part of the Site, without notice,
for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is
harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service
provider, or us. You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors,
agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit
through the Site, your use of the Site, your connection to the Site, your violation of the Terms of
Use, or your violation of any rights of another.
International Users
The Site is being operated from within the United States of America. We make no representation that
the Content in the Site is appropriate or available for use in other locations, and access to them from
territories where their content is illegal is prohibited. Those who choose to access the Site from other
locations do so on their own risk and are responsible for compliance with applicable laws. You may not
use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the
Site, the services provided through the Site or the Content shall be governed by the laws of the state
of California. If any provision of this Agreement is held to be illegal or unenforceable, then such
section shall be eliminated or limited to the minimum extent necessary and the remainder (including
any revised portion of the agreement) shall remain and have full force and effect.
Third Party Sites
Our comparison shopping results pages and throughout the site, we feature links to third party websites
or third party vendors. These links will take you outside the DestinationRx website. The linked sites
are not under our control and we are not responsible for the contents of any linked site or any link
contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting
or any other form of transmission received from any linked site. We are also not responsible for the
availability of such sites or third party resources, nor do we endorse any particular content, or advertising,
product, or other materials available on such third party sites. Please refer to the privacy and security
policies of these individual sites.
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