COPYRIGHT AND TRADEMARK INFORMATION
Copyright ©2017 Dinuba Pharmacy Inc. All rights reserved. We or our content providers own all of the content on our website and our mobile applications (collectively the “Services”), including text, customized graphics, photographs, music, data, images, audio and video clips and software. This property is protected by U.S. and international copyright laws. In addition, the manner in which we have compiled, arranged and assembled our content is protected by worldwide copyright laws and treaty provisions.
Hypertext linking to these Services is permitted. However, Dinuba Pharmacy Inc reserves the right to disable any link to any site Dinuba Pharmacy Inc believes contains scandalous, offensive, obscene, scurrilous or inappropriate content or that, in the sole opinion of Dinuba Pharmacy Inc, adversely affects the goodwill of Dinuba Pharmacy or any trademark or service mark of Dinuba Pharmacy Inc or its subsidiaries. Dinuba Pharmacy Inc expressly reserves all available legal rights and remedies for any cause predicated on hypertext linking to these Services from any other site. “Framing” or any other use of these Services that serves to affect the identity of these Services or the source of the content of these Services is prohibited.
You may use the content on our Services only for your own personal, non-commercial shopping and information purposes. Copying, publishing, broadcasting, modification, distribution or transmission in any way without the prior written consent of Dinuba Pharmacy is strictly prohibited. Dinuba Pharmacy reserves title and full intellectual property rights for materials downloaded or otherwise received from these Services. We hereby grant you permission to download, print and store selected portions of our content (as defined below). However the copies must be for your own personal and non-commercial use, you cannot copy or post the content on any network computer or broadcast it in any media, and you cannot alter or modify the content in any manner. You also may not delete or change any copyright or trademark notices.
DINUBA PHARMACY, AT THE CORNER OF HAPPY AND HEALTHY, and BALANCE, as well as other names, button icons, text, graphics, logos, images, designs, titles, words or phrases, audio clips, page headers and service names used on these Services are the trademarks, service marks, trade names or other protected intellectual property of Dinuba Pharmacy Inc or its subsidiaries. They may not be used in connection with any third party products or services. All other brands and names are the property of their owners.
Dinuba Pharmacy Inc’s automated touch-tone prescription refill system is licensed under the following United States Patents: 5, 128, 984; 5, 561, 707; 5, 684, 863; 5, 815, 551; 5, 828, 734; 5, 898, 762; 5, 917, 893; 5, 974, 120; and others.
NOTE ABOUT PRICING
Dinuba Pharmacy makes every effort to provide accurate information about products and their pricing on the Services. However, pricing and/or typographical mistakes may, on rare occasions, appear on these Services or Dinuba Pharmacy.com. For this reason, Dinuba Pharmacy cannot guarantee the price of an item until after you have ordered it. In the event an item appears with an incorrect price or with inaccurate product information, Dinuba Pharmacy reserves the right to cancel any orders for the item. If an order you placed is cancelled due to mispricing, Dinuba Pharmacy will notify you of the cancellation. Prices and availability are subject to change without notice.
NOTE ABOUT QUANTITY LIMITS
Dinuba Pharmacy reserves the right to set quantity-per-order limits on any and all items sold on these Services or Dinuba Pharmacy.com. Dinuba Pharmacy may also limit the item quantity available to any single person or household over a given period of time. These restrictions may be applied to orders using the same credit card or billing or shipping address.
NOTE ABOUT PRODUCT SUBSTITUTIONS
A substitute will only be made in the event an item is out of stock and the identical brand and product is available in a form that is of equal or greater value, e.g. larger quantity, packaged with a trial sample, updated product packaging, etc. A product substitution will occur at no extra cost and, if the substituted item is less expensive than the original item, the lower price will be charged.
WE PROVIDE CONTENT ON THESE SERVICES AS A SERVICE TO YOU, OUR CUSTOMER. OUR SERVICE CANNOT, AND DO NOT, CONTAIN INFORMATION ABOUT ALL MEDICAL CONDITIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES. THE CONTENT IS NOT INTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH YOUR PHYSICIAN. THE CONTENT OF THESE SERVICES, THE SERVERS THAT MAKES THEM AVAILABLE, AND THE SERVICES AND PRODUCTS WE PROVIDE THROUGH OUR SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. DINUBA PHARMACY EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED OR DELAYED COMPUTER TRANSMISSIONS AND/OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES.
TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, Dinuba Pharmacy Inc, DINUBA PHARMACY.COM, THEIR MEDICAL ADVISORS, SUPPLIERS, CONSULTANTS, DIRECTORS AND EMPLOYEES (COLLECTIVELY THROUGHOUT, “DINUBA PHARMACY”) DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES, INFORMATION AND/OR PRODUCTS CONTAINED ON THESE SERVICES, OR LINKED HERETO (COLLECTIVELY THROUGHOUT, “CONTENT”), EXPRESS, IMPLIED OR STATUTORY. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DINUBA PHARMACY DOES NOT WARRANT CONTENT TO BE ACCURATE, COMPLETE OR CURRENT. DINUBA PHARMACY DOES NOT WARRANT THAT ITS SERVICES WILL OPERATE WITHOUT ERROR, THAT DEFECTS WILL BE CORRECTED OR THAT THESE SERVICES OR THE SERVERS MAKING THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRICE AND AVAILABILITY CONTENT, AS WELL AS OTHER CONTENT CONTAINED IN THE SERVICES OR ACCESSIBLE THEREFROM, IS SUBJECT TO CHANGE WITHOUT NOTICE.
THESE SERVICES INCLUDE CONTENT PROVIDED BY THIRD PARTIES AND YOU, OUR CUSTOMER. DINUBA PHARMACY IS A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER. DINUBA PHARMACY EDITORIAL CONTROL OF SUCH CONTENT IS THE SAME AS THAT OF A PUBLIC LIBRARY OR NEWSSTAND. OUR THIRD PARTY SUPPLIERS MAY EXPRESS CERTAIN OPINIONS OR PROVIDE CERTAIN INFORMATION AND OFFERS. DINUBA PHARMACY MAKES NO WARRANTIES AS TO THE COMPLETENESS, ACCURACY, TIMELINESS, OR RELIABILITY OF INFORMATION OR OFFERS SUPPLIED BY THIRD PARTIES AND PUBLISHED BY DINUBA PHARMACY. DINUBA PHARMACY DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY’S CONFORMANCE TO ANY LAW, RULE, REGULATION OR POLICY.
DINUBA PHARMACY DOES NOT WARRANT THAT INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THESE SERVICES WILL SATISFY YOUR REQUIREMENTS OR THAT THEY ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY DINUBA PHARMACY. THESE SERVICES ARE OPERATED IN THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA AND DINUBA PHARMACY MAKES NO WARRANTY OR REPRESENTATION THAT CONTENT IS APPLICABLE OR APPROPRIATE FOR USE IN OTHER LOCATIONS.
DINUBA PHARMACY RESERVES THE RIGHT TO LIMIT QUANTITIES ON ALL ITEMS. EACH ADVERTISED ITEM MUST BE READILY AVAILABLE FOR SALE, UNLESS SPECIFICALLY NOTED ON THESE SERVICES WILL NOT ISSUE A RAIN CHECK OR PLACE A BACKORDER FOR ITEMS THAT ARE OUT OF STOCK.
BY YOUR USE OF THESE SERVICES, YOU ACKNOWLEDGE THAT SUCH USE IS AT YOUR SOLE RISK, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH THESE SERVICES.
AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR SERVICES AND USE OF THE CONTENT, YOU AGREE THAT DINUBA PHARMACY IS NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NONACTIONS IN RELIANCE UPON THE CONTENT. YOU ALSO AGREE THAT THE AGGREGATE LIABILITY OF DINUBA PHARMACY ARISING FROM OR RELATED TO YOUR USE AND ACCESS, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS), IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM DINUBA PHARMACY IN THE APPLICABLE TRANSACTION. DINUBA PHARMACY SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF DINUBA PHARMACY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR THEIR CONTENT (INCLUDING THESE TERMS AND CONDITIONS OF USE), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT BE APPLICABLE TO YOU.
You agree that you will not under any circumstances:
- Use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party or other software designed to modify or interfere with the Services;
- Execute, assist, encourage, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;
- Try to gain unauthorized access to the Services, accounts registered to others or to the any computer or server used to offer or support the Services, or networks connected to the Services by any means other than the user interface provided by us, including but not limited to, by circumventing or modifying or causing to be modified, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, files, or software that is part of the Services;
- Use, facilitate, create, or maintain any unauthorized connection to the Services, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Services; or (2) any connection using programs, tools, or software not expressly approved by Dinuba Pharmacy;
- Use any unauthorized third party or other software that accesses, intercepts, “mines”, or otherwise collects information from or through the Services or that is in transit from or to the Services, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Services to store information;
- Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Services, whether through the use of a network analyzer, packet sniffer or any other tools;
- Make any automated use of the Services, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Bypass any robot exclusion headers or other measures we employ to restrict access to the Services or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Services, or harvest or manipulate data; or
- Interfere or try to interfere with the proper functioning of the Services, or connect to or use the Services in any way not expressly permitted by these Terms and Conditions of Use, including disrupting, overburdening, or assisting in or encouraging the disruption or overburdening of (1) any Service server; or (2) the enjoyment of the Services by any other person.
MODIFICATION OF TERMS
Dinuba Pharmacy reserves the right to amend these Terms and the additional Terms here below at any time, and for any reason, including the right to terminate the Service or any part of the Service. Dinuba Pharmacy will notify users of amendments or modifications made to the Terms.
ENTIRE AGREEMENT, VENUE AND CHOICE OF LAW
These Terms, including the additional Terms relating to PHOTO.DINUBA PHARMACY.COM here below, constitute the entire agreement between you and Dinuba Pharmacy governing your use of these Services, PHOTO.DINUBA PHARMACY.COM and the web photo Service. These Terms may be changed or updated at any time at the sole discretion of Dinuba Pharmacy. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use services of other parties affiliated with Dinuba Pharmacy Inc, third-party content or third-party software.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to choice of law rules. Any claims arising out of or in connection with these Services shall be resolved in accordance with the procedures outlined below in the section entitled DISPUTES WITH DINUBA PHARMACY. Any claims arising in connection with the use of these Services must be brought within one (1) year of the date of the event giving rise to such action.
If any part of this Agreement is ruled to be unenforceable, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of the Agreement, including any revised portion, shall remain and be in full force and effect.
The failure of Dinuba Pharmacy Inc to exercise or enforce any Term will not constitute a waiver of such Term. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
DISPUTES WITH DINUBA PHARMACY
You and Dinuba Pharmacy agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this. Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.
Contact Dinuba Pharmacy first. If a dispute arises between you and Dinuba Pharmacy, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Dinuba Pharmacy regarding the Dinuba Pharmacy Services may be reported to Customer Service online at https://www.Dinuba Pharmacy.com/mktg/contactus/contact-us-landing.jsp?formCatId=125, at any time, or by phone at the number listed in the Customer Service section of the site.
Agreement to Arbitrate. You and Dinuba Pharmacy each agree that any and all disputes or claims that have arisen or may arise between you and Dinuba Pharmacy shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND DINUBA PHARMACY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND DINUBA PHARMACY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER DINUBA PHARMACY USERS.
Arbitration Procedures. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Dinuba Pharmacy may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Dinuba Pharmacy subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Dinuba Pharmacy, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Dinuba Pharmacy users, but is bound by rulings in prior arbitrations involving the same Dinuba Pharmacy user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Dinuba Pharmacy will pay all filling, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Dinuba Pharmacy should be submitted by mail to the AAA along with your Demand for Arbitration and Dinuba Pharmacy will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Dinuba Pharmacy will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Dinuba Pharmacy for all fees associated with the arbitration paid by Dinuba Pharmacy on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
Severability. With the exception of any of the provisions in subsection (a) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in subsection (a) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement, including all other provisions of this section (Disputes with Dinuba Pharmacy), will continue to apply.
Opt-Out Procedure. You can choose to reject this Agreement to Arbitrate (“opt out”) by mailing us a written opt-out notice (“Opt-Out Notice”). For new Dinuba Pharmacy users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you accept the User Agreement for the first time. [If you are already a current Dinuba Pharmacy user and previously accepted the User Agreement prior to the introduction of this Agreement to Arbitrate, the Opt-Out Notice must be postmarked no later than 30 days after you first accept and acknowledge these revised Terms. You must mail the Opt-Out Notice to Dinuba Pharmacy Inc, Attn: Litigation and Regulatory Law Department, 104 Wilmot Road, MS 1431, Deerfield, IL 60015.
The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and the email address(es) used to log in to the Dinuba Pharmacy account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the User Agreement, including all other provisions of this section, will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
AUTO–REORDER & SAVE
By placing, modifying and/or cancelling any auto-reorder, you expressly and affirmatively consent and agree to terms and conditions of the Auto-Reorder & Save program described herein. These terms and conditions are subject to change.
We reserve the right to cancel any order, in whole or in part, for any reason. Such reasons may include, but are not limited to, product availability, price discrepancy, or pricing error. Otherwise, your auto-reorders will continue until you cancel or change them.
Your first order (“Initial Order”) will be processed with the shipping method you confirm during checkout. All future shipments for your items scheduled to auto-reorders (“auto-reorders”) are sent FREE with standard shipping only.
The payment method you use for your initial order will be used again for your auto-reorders, unless you stop your auto-reorders or update your payment information.
For your Initial Order, you will be charged the price displayed during checkout. For auto-reorders, you will be charged either (1) the sale price in effect at the time the order is processed, or (2) the current price less a discount of 10% or more; whichever is better.
Applicable promo codes will be applied to your Initial Order only.
The price you pay for an Initial Order is not guaranteed for auto-reorders. If the price advertised for any of your items is changed on Dinuba Pharmacy.com, this price change will also apply to your items scheduled for auto-reorder. You will not be notified of price changes before your auto-reorder items are processed and shipped.
You can earn Balance Rewards points on any order, but can only redeem them on an Initial Order.
CHANGING OR CANCELLING REORDERS:
To view and manage your auto-reorders, sign into your account and click “Auto-Reorder Manager” under the Orders & History tab in Your Account.
Or look for the email we send five days before each shipment of auto-reorder items and you can make changes then. To make a change to an item scheduled to auto-reorder, click edit next to the setting you wish to change. To stop an auto-reorder, use one of the following options:
- If you no longer want to receive an item in auto-reorders at all, click Cancel next to that item to delete it from the page completely.
- The Skip Next Shipment button next to each item only skips one auto-reorder shipment. Later auto-reorders will continue to be sent on your regular schedule.
Each auto-reorder shipment has a deadline for cancellation or changes that is posted on the Auto-Reorder Manager page. Any changes you make before the deadline will apply to the next scheduled reorder. Changes after the deadline will not affect reorders already in progress, but will apply to future reorders.
If you are unable to access the Auto-Reorder Manager page on a mobile device, please switch to the desktop site or call us for assistance.
You may return items in your auto-reorders as long as your return meets our return policy. Returns that follow our guidelines will receive a credit for the value of the items or a refund to the original method of payment.
You can contact us any time regarding your order or the Auto-Reorder & Save program. Simply call 1-877-250-5823 or visit our customer service page .
As used herein, references to “you” or “your” means the individual accessing the Service. “Dinuba Pharmacy” means Dinuba Pharmacy Inc and its affiliated and subsidiary companies, and each of their respective employees, directors, agents, and service providers.
2. The Service. The Service is provided by Dinuba Pharmacy free of charge, and is subject to change or termination at any time for any reason. Dinuba Pharmacy may, in its own discretion, implement content screening measures, which may or may not prevent you from viewing offensive material. Dinuba Pharmacy is not responsible for, and does not guarantee the accuracy or authenticity of, any third party content you access via the Service. Dinuba Pharmacy is not responsible for any Device or third party service charge or obligation you acquire while using the Service.
3. Your Use of the Service. You understand and agree that you are responsible for all activity occurring on your Device, whether or not performed or authorized by you. You represent and warrant that you will (a) not use the Service to violate the rights of others, or for any unlawful, fraudulent, deceitful, defamatory, libelous, surreptitious, infringing, tortious, discriminatory, offensive, indecent, profane, obscene, lewd, sexually explicit, malicious, invasive, hateful, abusive, harassing, belligerent, threatening, harmful, violent, or otherwise inappropriate purpose, and (b) not modify, misappropriate, interfere with, or otherwise negatively impact Dinuba Pharmacy property, the Service, or the use of the Service by others.
5. Indemnification. You agree to indemnify, defend, and hold Dinuba Pharmacy harmless from any and all losses, claims, damages, liabilities, expenses, and costs (including without limitation, reasonable attorney’s fees), related to your use of the Service or violation of these Terms and Conditions. Dinuba Pharmacy may assume the exclusive control of the defense in any such case, and you agree to reasonably cooperate with Dinuba Pharmacy.
6. Disclaimers and Limitations of Liability. EXCEPT AS PROHIBITED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICE (AND YOUR USE OF THE SAME) IS OR WILL BE SECURE, PRIVATE, ERROR-FREE, UNINTERRUPTED, NON-INFRINGING, COMPLIANT WITH LAW, FREE OF HARMFUL OR OFFENSIVE CONTENT OR COMPONENTS, OR INTEROPERABLE WITH ANY THIRD PARTY DEVICE, CONTENT, OR SERVICE. DINUBA PHARMACY EXPRESSLY DISCLAIMS LIABILITY FOR CLAIMS RELATED TO ANY OF THE FOREGOING CIRCUMSTANCES. YOU ASSUME ALL RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY DINUBA PHARMACY. AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO THE SERVICE, YOU AGREE THAT DINUBA PHARMACY IS NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NONACTIONS MADE IN RELIANCE ON THE SERVICE, AND THAT THE AGGREGATE LIABILITY OF DINUBA PHARMACY FOR ANY CLAIM RELATED TO THE SERVICE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS), IS LIMITED TO TEN US DOLLARS ($10). DINUBA PHARMACY SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF DINUBA PHARMACY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SAME. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT BE APPLICABLE TO YOU.
ADDITIONAL TERMS AND CONDITIONS OF USE FOR PHOTO.DINUBA PHARMACY.COM
ADDITIONAL TERMS AND CONDITIONS OF USE FOR PHOTO.DINUBA PHARMACY.COM In addition to the service provided on this website, PHOTO.DINUBA PHARMACY.COM provides people with Membership (“Members”) a way to process, print, store, share and otherwise use photographs (collectively “Process”) . However, before you enter the PHOTO.DINUBA PHARMACY.COM site (the “Site”) or use any of its available services, it is important that you carefully review the Terms and Conditions of Use set out above and the additional Terms and Conditions for PHOTO.DINUBA PHARMACY.COM set out below (the “Terms”). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.
By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Dinuba Pharmacy Inc and its subsidiaries (collectively “Dinuba Pharmacy”) that you will use the services only in a manner consistent with these Terms. If you have questions about these Terms, please contact firstname.lastname@example.org. Your use of the Site and its services (together, the “Photo Service”) is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Photo Service.
TERMS OF MEMBERSHIP
PHOTO.DINUBA PHARMACY.COM membership (“Membership”) is available to you if you are at least 13 years of age and submit certain requested information to PHOTO.DINUBA PHARMACY.COM, including your name and correct email address or if you are a registered user of DINUBA PHARMACY.COM of at least 13 years of age. In addition, by becoming a Member, you will provide Dinuba Pharmacy with true, accurate, current and complete information about yourself when such information is requested by the Photo Service (whether by questionnaires, surveys, registration forms or other informational requests).
The Photo Service is for personal use only
A benefit of Membership is the ability to store photos in your account. A condition of your storage of photos is your “Active Participation” in the Photo Service. Active Participation is defined as purchasing photo merchandise, including prints, reprints and enlargements, through the Photo Service at least once every 365 days. If your Membership account is inactive for a period of over 365 days, PHOTO.DINUBA PHARMACY.COM may remove and discard any content, including all information, communications, postings, albums, image files or any other content within the Photo Service. Dinuba Pharmacy may terminate your membership for any activity that in the sole opinion of Dinuba Pharmacy Inc, its Site Host or subsidiaries constitutes an abuse of your Membership or a violation of these Terms.
As part of your Membership, you are enabled to have your digital photos uploaded and stored on the Site, pursuant to these Terms, as well as to have print copies or other photo products made either at a Dinuba Pharmacy retail location or delivered to you by mail as requested or appropriate, along with other special offers Dinuba Pharmacy may make to Members from time to time. Costs associated with print copies or photo products, delivered to you by mail, will be charged to your credit card. Orders over a specified value, for store pick-up, will likewise require a credit card.
DIGITAL IMAGE STORAGE
Subject to these Terms, as long as you are an active participant in the Photo Service, PHOTO.DINUBA PHARMACY.COM offers free, unlimited storage, for non-commercial purposes, of your digital photos that you upload to your account.
PHOTO.DINUBA PHARMACY.COM allows Members to store, share and transmit communications, albums, image files, creative material, photographs, links and comments (collectively “Content”). Users of the Photo Service, whether or not Members, may not use the Photo Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that Dinuba Pharmacy believes:
- Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive or otherwise inappropriate;
- Comprises copyrighted material used without the express permission of the owner;
- Violates or encroaches on the rights of others;
- Contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code, or any other content which may compromise the Photo Service;
- Advocates illegal activity;
- Harms anyone, including minors; or
- Provides a link to any of the above.
Dinuba Pharmacy has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Photo Service may be subject to examination from time to time. Although PHOTO.DINUBA PHARMACY.COM and Dinuba Pharmacy do not and will not examine and review all Content submitted or transmitted to the Photo Service, PHOTO.DINUBA PHARMACY.COM and Dinuba Pharmacy may delete, move and edit materials for any reason, at any time, without notice.
Any Content discovered on the Site that is deemed in the sole discretion of PHOTO.DINUBA PHARMACY.COM or Dinuba Pharmacy to be in violation of Title 18 of the United States Code, Sections 2251 et seq. may be reported and disclosed to appropriate law enforcement agencies.
All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
By viewing the Site, you may be exposed to Content that you consider to be offensive. You take sole responsibility for such exposure.
PHOTO.DINUBA PHARMACY.COM and Dinuba Pharmacy in no way guarantee the accuracy, quality or appropriateness of Content available on the Site.
NO RESALE OF PHOTO SERVICE
You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Photo Service, or (ii) use or access the Photo Service for any commercial purpose.
THIRD PARTY SOFTWARE
As a convenience to Members, Dinuba Pharmacy Inc may make third-party software available through the Photo Service. To use the third-party software, you will agree to the terms and conditions imposed by the third party provider. The agreement to use such software will be solely between you and the third party provider. Dinuba Pharmacy Inc does not guarantee that any software downloaded through the Photo Service will be free of viruses, worms or Trojan horses or other forms of corruptive code. Dinuba Pharmacy Inc makes no representations or warranties concerning, and is not liable or responsible in any manner for, the performance, effectiveness or any other aspect of any third-party software downloaded through the Photo Service.
As a condition to your Membership, you hereby grant Dinuba Pharmacy and the PHOTO.DINUBA PHARMACY.COM Site Host (presently Hewlett-Packard Co. d/b/a/ Snapfish) a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your Content, solely for the purpose of providing the Photo Service. As a condition to Membership, you represent and warrant to Dinuba Pharmacy and the Site Host that you either own your Content or have written permission from the copyright owner to make such Content available to the Photo Service. Dinuba Pharmacy reserves the right to decline reproduction of any Content that it, in its sole discretion, believes may violate the copyrights of any party.
The Photo Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content without the written consent of the owner of such Content. You are solely responsible for any copyright violations you may incur as a result of your activities on the Photo Service.
If you believe your work or the work of another has been copied in a way that constitutes copyright infringement, Dinuba Pharmacy has a process in place to respond to your concerns. Dinuba Pharmacy will take appropriate steps, at the sole discretion of Dinuba Pharmacy, to protect the intellectual property rights of third parties if it receives notice in accordance with the provisions required by the Digital Millennium Copyright Act, as follows:
If you believe your copyright or the copyright of another has been infringed on the Photo Service, please provide the Law Department of Dinuba Pharmacy Inc with a written notice containing the following information:
- a description and copy of the copyrighted work you claim has been infringed;
- a description of where the material you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- the physical signature of the person authorized to act on behalf of the owner of the copyright interest on the document(s) comprising 4 and 5 here above and notarized.
The above Notice for claims of infringement for Content on the Photo Service should be addressed to the Law Department at Dinuba Pharmacy Inc at the following street address:
Dinuba Pharmacy Inc
172 North L Street
Dinuba, CA 93618
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS Dinuba Pharmacy Inc, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS AND AGENTS (COLLECTIVELY “DINUBA PHARMACY”) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE PHOTO SERVICE USING YOUR ACCOUNT.
- No Liability for Content IN NO EVENT WILL DINUBA PHARMACY OR THE SITE HOST BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE PHOTO SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
- Exclusive Remedy ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE PHOTO SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE PHOTO SERVICE IS AT YOUR OWN RISK. DINUBA PHARMACY SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR DINUBA PHARMACY TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRINTS OR PHOTOGRAPHIC PRODUCTS, OR (II) REPRINT THE PHOTOS OR RECREATE THE PHOTOGRAPHIC PRODUCT AT NO EXTRA COST.
- Disclaimer EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, DINUBA PHARMACY AND THE SITE HOST EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DINUBA PHARMACY AND THE SITE HOST MAKE NO WARRANTY THAT (I) THE SITE OR PHOTO SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (II) THE SITE OR PHOTO SERVICE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (III) THE PHOTO SERVICE OR SITE WILL MEET YOUR REQUIREMENTS. DINUBA PHARMACY MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR THAT ARE ADVERTISED ON THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PHOTO SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- Remedies. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, Dinuba Pharmacy Inc WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE PHOTO SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE PHOTO SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE PHOTO SERVICE – OR (v) ANY OTHER MATTER RELATING TO THE PHOTO SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Dinuba Pharmacy may, in its sole discretion, terminate your Membership (or any part thereof) or your right to use the Services and/or Photo Services, and remove and discard any Content at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms and Conditions of Use, the Terms, or other policies or guidelines set forth by Dinuba Pharmacy elsewhere through the Services, (ii) conduct Dinuba Pharmacy believes is harmful to other PHOTO.DINUBA PHARMACY.COM or Service users, the business of Dinuba Pharmacy Inc or the Site Host or (iii) failure to continue Active Participation in the Photo Service. Neither Dinuba Pharmacy nor the Site Host will be liable to you or any third party for any termination of your access to the Services or Photo Services or discarding Content.