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 at
http://www.destinationrx.com/prescriptions/policy.aspx. 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.