Terms of Service
YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS AND CONDITIONS
This Site (the “Site”) is owned and operated by Lakshmi Pharmacy, LLC, a Michigan limited liability company, d/b/a Health Hero Pharmacy. These terms of service apply to your use of the Site and govern your rights and responsibilities. The term “Site” includes the content on the Site and all the services provided on or through the Site (the “Site Services”). You “use” the Site anytime you access, view, link to or from, or otherwise interact or communicate with or connect to, the Site (or any parts thereof) or interact or communicate with other users through the Site (including, without limitation, on message boards, chat rooms and/or other communities established on the Site). Your use of the Site (or any part thereof) signifies your agreement to be bound by this agreement. This is a binding legal agreement between us. Please read this carefully before you use the Site. Do not use the site if you do not agree with any of these terms. Given the nature of the Internet, even though the Site is targeted to US residents only, it may be
Given the nature of the Internet, even though the Site is targeted to US residents only, it may be accessed in other parts of the world. If you are not a US resident and yet use the Site, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility to make sure that your use of the Site complies with all applicable local laws. IF YOU ARE NOT A US RESIDENT, BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE, YOU
CONSENT TO THE TRANSFER OF SUCH DATA TO THE US, AND TO THE PROCESSING OF SUCH DATA ON OUR US SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY US LAWS THAT MAY PROVIDE A LEVEL OF DATA PROTECTION DIFFERENT THAN YOUR COUNTRY.
Your use of certain Site Services, features, functionality or programs (including, without limitation, contests, sweepstakes, promotions, wireless marketing opportunities, RSS feeds, etc.) offered on or through the Site may be subject to additional terms and conditions (“Special Rules”), and before you use any such services, features, functionality or other programs you may be required to indicate your acceptance of such additional Special Rules. All Special Rules are incorporated into this agreement as if fully set forth herein.
OWNERSHIP; RESTRICTIONS ON USE
The content of the Site and all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein are owned by Health Hero and/or its licensors and are protected by the applicable US and international copyright and other intellectual property laws. You acknowledge, understand, and agree that you shall not have, nor be entitled to claim, any rights in and to the Site content and/or any portion thereof, except with respect to your own User Submissions.
LICENSES GRANTED TO YOU
Subject to the YOUR RESPONSIBILITIES section set forth below, you are granted the limited, non-exclusive, non-transferable license to use the Site. Your use must be for non-commercial purposes only. You have no right to use the Site for any other purposes.
Your rights this agreement are conditioned upon your compliance, with each of the following: (1) you will not create or Submit (as defined below) a User Submission that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or Federal Trade Commission guidelines (“Applicable Laws”), or that infringes or violates any other party’s(ies’) intellectual property rights or links to infringing or unauthorized content; (2) you will not embed, re-publish, maintain and/or display any Site content (including, without limitation, any of your own User Submissions) on any Personal Social Media or other web site or other Internet location that ordinarily (i) contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates any other party’s(ies’) intellectual property rights or links to infringing or unauthorized content; (3) you will not send spam, chain letters, or any other unsolicited or unauthorized advertising or promotional materials, or to harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or to defame or disparage someone, or for any other unlawful or objectionable purpose; (4) you will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Site to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity; (5) you will not use the Site to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Site, unless you have obtained prior permission from such user to do so; (6) you will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Site (or any parts thereof); (7) you will abide by all copyright notices, information, restrictions contained in or associated with any of the Site content; (8) you will not remove, alter, interfere with or circumvent any of copyright, trademark, watermark, or other proprietary notices marked/displayed on Site content; (9) you will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geofiltering and/or encryption) associated with Site content; (10) you will not use the Site content in a manner that suggests an association with any of our products, services or brands, unless otherwise specifically permitted by us; (11) you will not use bots, spiders, offline readers or other automated systems to access or use the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser, unless you are a lawfully operating a public search engine, in which case you may use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials; (12) you will not knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, worms, trojan horses, spyware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) you will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of us or any of our affiliates, or the Site, or any of the content running or being promoted on the Site (including, without limitation, any movie, television program or other initiative); (14) you will not do anything on the Site that would prevent other users’ access to or use of the Site or any part thereof; and (15) you will use the Site at all times in compliance with these restrictions and all Applicable Laws.
USER SUBMISSIONS; GRANT OF LICENSE; YOUR WARRANTIES AND REPRESENTATIONS
The Site may enable you to send, post, upload, transmit through webcam or similar functionality or otherwise submit to the Site (including, without limitation, by allowing you to provide the URL of where a particular piece of your content resides), or otherwise display or exchange (including, without limitation, with other Site users) on or via the Site (collectively, “Submit”), your videos, textual comments, photographs, images, or other creative works and/or other personal media content and your ideas, opinions, feedback, and other information, (collectively, your “User Submissions”), and such User Submissions will generally be available to all users of the Site. By submitting your User Submissions on or via the Site you expressly acknowledge and agree that you and only you will be responsible for the content of your User Submissions and for any consequences that may arise therefrom. Except as may otherwise be provided in any Special Rules, it is not our practice or responsibility to monitor, control, or have knowledge of the User Submissions Submitted using the Site, but we may do so. When you Submit (or attempt to Submit) your User Submissions on or through the Site, you automatically grant to us and our affiliates, an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sublicenseable to multiple tiers of sublicensees, non-exclusive right and license (the “License”) to display, publicly perform, distribute (including, without limitation, through third-party Web sites, blogs, microblogs and other social networking media and Internet resources), store, transcode, host, cache, maintain, broadcast, webcast, podcast, transmit, distribute, tag, track, reproduce, edit, modify, format, re-format, link to and from, translate, delete, create derivative works, combine with other content, categorize, and/or otherwise use, reuse, assign, and/or otherwise exploit your User Submissions (or any portions or derivative works thereof) and any names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts, feedback and other materials included in your User Submissions, in any manner, medium or content delivery technology now known or hereinafter devised, for any purpose, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else. The License shall survive in perpetuity in accordance with its terms regardless of whether you stop using the Site or we terminate your access to the Site. You acknowledge and agree that: (i) you have no expectation of confidentiality of any nature with respect to any of your User Submissions. Because of the viral nature of social media, you should not submit any content or information to us that you do not want to be viewed by others. In connection with all of the User Submissions you Submit to the Site, and any other activities that you conduct on the Site, you represent, warrant and covenant that: (i) the User Submissions are original to you (in other words, that you own all rights in and to your User Submissions) or, alternatively, that you have acquired all necessary rights in your User Submissions to enable you to grant the License; (ii) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of your User Submissions, and we will not be responsible for such obligations; (iii) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party; (iv) neither your User Submissions, nor any of the other activities that you undertake on the Site, are or will at any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violative of any Applicable laws or this agreement; and (iv) your User Submissions are not intended by you to benefit any commercial enterprise associated with you or any third party. You agree to keep all records necessary to establish that your User Submissions do not violate any of the foregoing representations and warranties and to make such records available to us upon request.
We retain the right to and may pre-screen or review after initial submission any of the User Submissions for a variety of reasons. We have the right to refuse, remove, edit, or disable any of your User Submissions (and/or any other Site users’ User Submissions) for any reason, as well as terminate your and/or any Site user’s continued access to and/or other use of the Site (including, without limitation, access to and/or use of any of the Services, features or functionality available on or through the Site). We do not control or endorse any User Submissions, and any User Submissions submitted to the Site do not reflect the opinions, views or policies of us or any of our affiliates. We disclaim any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against us or any of our affiliates with respect to such User Submissions.
If you remove or delete any of your User Submissions from the Site, that User Submission will be removed from the Site within a reasonable period of time. Nonetheless, a User Submission that you remove may still be available to third parties who previously acquired the link to that User Submission and we may maintain copies for archival purposes. We reserve the right to display advertisements in connection with your User Submissions and to use your User Submissions to advertise and promote your User Submissions or the Site (in whole or in part). You acknowledge and agree that you have no moral rights in connection therewith and no right or interest in any of the revenue generated from such advertisements. These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Site.
Our Site may link to and/or contain advertisements about other Web sites or other Internet resources. You acknowledge and understand that we do not endorse or sponsor such other third party Web sites or other Internet resources and WE EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE,
FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR RELATED TO ANY SUCH THIRD PARTY WEB SITE OR OTHER INTERNET RESOURCES.
NO MEDICAL ADVICE
While the information on the Site was prepared to provide accurate information regarding topics related to general and specific health issues, the information contained in the Site is made available with the express understanding that we are not providing medical advice and do not intend any of this information to be used for self-diagnosis or treatment. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THE SITE, YOU SHOULD CONTACT YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE (AND ANY PORTION OF THE SITE) IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). We make no warranties or representations about the accuracy or completeness of content available on or through the Site or the content of any Web sites, Personal Social Media or other Internet resources linked to the Site and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site (or any parts thereof); (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Site content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through the Site and/or otherwise through your or any other Site users’ exercise of any rights under any of the Licenses granted. We reserve the right to change, modify, add, remove or disable access without notice to any portion of the Site (including, without limitation any of the Site Services).
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL WE OR ANY OF OUR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SITE OR ANY PARTS THEREOF.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify and hold us harmless and our officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (i) any of your User Submissions, (ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in this agreement, (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any Applicable Laws and/or this agreement by you and/or anyone using your registered account to access and/or otherwise use the Site (in whole or in part), or (v) your willful misconduct or the willful misconduct of anyone accessing the Site through your registered account, in connection with your (and/or such other person’s) use of the Site (in whole or in part). We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
COPYRIGHT INFRINGEMENT NOTIFICATION; DESIGNATED COPYRIGHT AGENT
We respect the intellectual property rights of others. Upon proper notice, we will remove User Submissions (and any other Site content) that violate copyright law. Pursuant to Title 17 of the U.S. Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement on the Site and for processing such claims in accordance with such law. If you believe a work has been copied in a way that constitutes copyright infringement, please notify us.
By submitting an Infringement Notification, you acknowledge and agree that we may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice. If you believe that your User Submission has been wrongfully removed from the Site, you may send us a counter-notification. Pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a counter-notification. In compliance with Title 17 of the U.S. Code, Section 512, your counter-notification, to be effective, must be in writing, sent to us with a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. Include your name, address, and telephone number and a statement that you consent to the jurisdiction of the Federal District Court in the Eastern District of Michigan and agree to accept service of process from the person who submitted the original Infringement Notification that resulted in your User Submission being removed (or an agent of such person) in the event he or she elects to file suit. By submitting a counter-notification, you acknowledge and agree that we may forward your counter notification and any related communications to the person who submitted the original Infringement Notification that resulted in the removal of your User Submission or to other third parties.
ARBITRATION AND MISCELLANEOUS
THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT OR THIS SITE SHALL BE SUBMITTED TO BINDING ARBITRATION, AT THE REQUEST OF ANY PARTY. The arbitrators shall be selected by the parties, or in the event, the parties cannot agree, by a court of competent jurisdiction. The arbitration shall be conducted in accordance with the commercial rules of the American Arbitration Association. The award rendered by the arbitrator(s) shall be final and judgment may be entered (and enforced) by any court of competent jurisdiction. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT OR REMEDY TO SEEK AND/OR OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF OR ANY ORDER WITH RESPECT TO, AND/OR TO ENJOIN OR RESTRAIN OR OTHERWISE IMPAIR IN ANY MANNER, THE PRODUCTION, DISTRIBUTION, EXHIBITION OR OTHER EXPLOITATION OF ANY MOTION PICTURE, PRODUCTION OR PROJECT, OR THE USE, PUBLICATION OR DISSEMINATION OF ANY ADVERTISING IN CONNECTION WITH SUCH MOTION PICTURE, PRODUCTION OR PROJECT. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
WAIVER OF JURY TRIAL
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON, OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF, AND/OR THE SCOPE OF THE PROVISIONS OF THIS PARAGRAPH, WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. The parties acknowledge that, if any of the provisions of this paragraph are currently unenforceable under applicable law, they mutually intend for this paragraph to apply in the event such provisions later become enforceable under such law. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
If any provision of this agreement shall be determined to be unenforceable, by any court of competent jurisdiction, then that provision shall be deemed stricken and the same shall not affect the validity and enforceability of any remaining provisions. The failure of us to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.
You understand and agree that we may, at any time, terminate or temporarily suspend your rights under any of the Licenses and otherwise your access to the Site, and discard, remove, and/or disable or deactivate any or all of your User Submissions that you Submitted to the Site (and/or any other User Submissions) and/or any other information and data that you (and/or anyone else) may have provided to the Site, for any reason. We may also discontinue the Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT WE MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE’S) ACCESS TO SITE OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR USER SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR THROUGH THE SITE. You may discontinue your access to, use or participation on the Site at any time.
CHANGES IN SITE OWNERSHIP
Your continued use of the Site constitutes your consent to the transfer, assignment or sale of the Site, or any information about you relating to the Site to any other party.
Although the site is not intended to and does not collect and retain individual private health information (HPI), to the extent such information is somehow shared with Health Hero, Health Hero will protect such information from inappropriate disclosure. The site is in compliance with all State and Federal HIPAA laws regarding protecting HPI from disclosure.