Online Terms and Conditions of Use (“Terms”)

Last Updated November 13, 2023.

I. Introduction

These Terms govern your use of the online services provided by Discount Drug Mart, Inc. and its affiliates (“DDM”), including, but not limited to, DDM Content, mobile applications, mobile communications, pharmacy services, photo services, websites, and other services (“Services”). The Services are intended for use by users that live in the U.S. and are at least eighteen (18) years of age (or thirteen (13) years of age with the consent and involvement of a parent or legal guardian). If you are not the intended audience or you object to these Terms, you may not use DDM’s Services. These Terms act as a binding agreement between you and DDM, and by accessing any Services in any way, you agree to be bound by all of them, including, but not limited to, resolving disputes via binding arbitration; conducting this transaction electronically; disclaiming warranties, damage, remedy exclusions, and limitations; and a choice of Ohio law.

From time to time DDM may update the Services and these Terms, and such changes shall be applied prospectively. Your use of the Services after DDM posts any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. DDM may, in DDM’s sole discretion, and at any time, discontinue or modify the Services, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that DDM will have no liability to you if the Services are discontinued or your ability to access the Services (including any content you may have posted) is terminated.

II. Your Actions

To ensure a positive experience for all users, you agree that you will not: (i) use or exploit the Services for any purpose that is abusive, defamatory, false, harassing, illegal, intrusive on another’s privacy, libelous, misleading, obscene, or harmful to the interests of DDM or other users, or inappropriate with respect to ethnicity, gender, race, sexuality, or another immutable characteristic; (ii) distribute, post, reproduce, upload, or otherwise use or exploit in any way information, software, or other material protected by any intellectual property, publicity, or privacy right without first obtaining the permission of the owner of such rights; (iii) collect or store personal data about other users; (iv) assign, copy, create derivative works of, disassemble, distribute, impersonate, modify, reproduce, reverse engineer, sell, or otherwise exploit any part of the Services (including any software DDM makes available) for any purpose unless expressly approved by DDM in writing; (v) email, post, upload, or otherwise transmit any promotional materials or any other form of solicitation or unauthorized communication; (vi) facilitate any effort to commercially exploit, interrupt, limit, modify, or negatively impact the functionality of any Services, nor will you use or exploit the Services in any way other than as expressly permitted by these Terms; (vii) alter, obscure, remove, or otherwise render unintelligible any proprietary notices; and (viii) deploy or utilize any automated method of collecting content from DDM’s site, such as robots, crawlers, and scraping mechanisms (the aforementioned list in this paragraph is collectively, “Prohibited Use”). To protect the interests of DDM and DDM’s users, DDM may modify, monitor, terminate, and disclose to third parties (including law enforcement) your use of the Services (including User Content) at any time.

You may be able to create or submit designs, photos, product reviews, written posts, and other content (“User Content”). You agree that: you will not display or furnish any User Content that contains personal information about or the likeness of any other individual, violates the privacy or publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; you will not impersonate any person or organization, or misrepresent an affiliation with another person or organization; and you will not post or upload any User Content that constitutes a Prohibited Use. Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111).

By displaying, publishing, or otherwise posting any User Content on or through the Services, or by affirmatively agreeing to DDM’s online request to use your User Content, you grant DDM a fully-paid, non-exclusive, perpetual, royalty free, sub-licensable, worldwide license to use such User Content (including without limitation, to create derivative works of, distribute, modify, publicly display, publicly perform, and reproduce such User Content for any purpose, whether it contains a personal likeness or otherwise) in any and all media now known or later developed, without the requirement to make payment to any party or seek any third party permission or make any authorship attribution. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described here, though for purposes of this Section, you waive all moral rights in the same. You represent and warrant that you own the User Content displayed, posted, provided, published, or submitted by you on the Services, or otherwise have the right to grant the license set forth, and your displaying, posting, providing, or publishing of any User Content you submit, and DDM’s use of that in accordance with these Terms, does not and will not violate applicable law or any contract, copyright, patent, privacy, publicity, trademark, or any other rights of any person or entity. You further understand and agree that you have no ownership rights to any account you may have with DDM, or other access to the Services or features. DDM may cancel and terminate any account or User Content at any time without notice. DDM assumes no liability for any information removed from DDM’s Services, and reserves the right to permanently restrict access to the Services or a user account.

If the Services require you to create an account or provide personal information, you agree to submit accurate, complete information, and to update it as appropriate. You are solely responsible for the activities and security of your account, and you must notify DDM if you suspect any unauthorized use. DDM is not liable for any loss you incur as a result of someone else using your password or account, either with or without your knowledge, and are not responsible for any delay in shutting down your account after you have reported a breach of security to DDM.

III. Information DDM Displays

DDM owns or licenses all content contained within the Services, including without limitation, data, icons, images, software, text, trademarks, trade dress, and User Content (“DDM Content”), and you may access and use it solely for your own personal, non-commercial shopping, and information purposes. DDM Content may be protected by domestic and international copyright, patent, trademark, and other rights. All rights, titles, and interests are reserved by the respective owners. Broadcasting, copying, distributing, modifying, publishing, or transmitting any DDM Content in any way without DDM’s prior written consent is strictly prohibited.

While DDM works hard to provide the best customer experience, DDM cannot guarantee that all DDM Content displayed is complete, correct, or current, including product pricing, images, information, and availability.

DDM may display or allow users to create User Content, or link to or from third party sites and material. DDM does not monitor, verify, or otherwise endorse User Content or third party sites or material, and disclaims all liability with respect to User Content and third party sites. Your use of any third party site is subject to the terms of use and privacy policies made applicable by such third party. Any health-related information is provided to enhance your experience, but is not intended to constitute medical advice or cure, diagnose, prevent, or treat, any medical condition. If you have questions about your health or treatment, please contact your DDM pharmacist or other medical professional.

IV. Service Specific Terms

The Services DDM provides may be subject to additional policies or other terms.

If you make any purchases, you represent that you and DDM (including DDM’s service providers) are authorized to use the information you provide (including payment method information) to carry out the transaction. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY FORM OF PAYMENT UTILIZED IN CONNECTION WITH ANY TRANSACTION. DDM’s acknowledgement of an order means that your order request has been received, but not that your order has been accepted or shipped or that the price or availability of an item has been confirmed. DDM reserves the right to change the price of an item up until the time of shipment. Title and risk of loss transfer to you upon DDM’s delivery of the order to the carrier. Notwithstanding anything to the contrary, DDM reserves the right to cancel or limit any orders for any reason. Offers, prices, product availability, and promotions, are all subject to change without notice.

If you choose to upload images and create products for purchase through DDM’s photo services, you agree that you are solely responsible for such User Content, and that you will notify DDM of any content you see that constitutes Prohibited Use. To facilitate use of the photo services, DDM may offer a reasonable amount of temporary storage space to active users, which may be removed at any time at DDM’s sole judgment and discretion.

If you choose to access WiFi services DDM may provide, you agree that you are responsible for all activities occurring on your device.

If you download any of DDM’s mobile applications, these Terms constitute an end-user license agreement, and you agree to act in accordance with the end-user license agreements and policies made applicable by your wireless provider and operating system software provider. You agree you are solely responsible for any costs incurred with accessing any of DDM’s mobile applications. You may be required to send and receive, at your cost, electronic communications related to the Services offered via DDM’s mobile applications, including without limitation, administrative messages, diagnostic data reports, service announcements, and updates. If you do not have an unlimited data plan, you may incur additional charges from your wireless provider in connection with your use of these Services. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access these Services, including but not limited to payment of all third party fees associated, including fees for information sent to or through these Services. DDM may, at DDM’s sole judgment and discretion, automatically download updates to any of DDM’s mobile applications to your device from time to time. You agree to accept these updates, and to pay for any costs associated with receiving them. DDM’s mobile applications may not work with all devices or all mobile carriers.

If you download and use any of DDM’s mobile applications available through the Apple platform: You acknowledge that this agreement is entered into by and between DDM and its subsidiaries and affiliates, and you, and not with Apple, Inc., and Apple, Inc. is not responsible for the Services. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Services. You acknowledge that you have reviewed and agree to the App Store Terms and Conditions (located online at https://www.apple.com/legal/itunes/us/terms.html#APPS), including the Usage Rules set forth in that. This agreement incorporates by reference the Licensed Application End User License Agreement (“LAEULA”) published by Apple, Inc. (located online at https://www.apple.com/legal/macapps/dev/stdeula/). For purposes of this Agreement, DDM’s mobile application-based Services are considered the “Licensed Application” as defined in the LAEULA and DDM is considered the “Application Provider” as defined in the LAEULA. If any of the Terms here conflict with the terms of the LAEULA, these Terms shall control. In the event of any failure of the Services to conform to any applicable warranty set forth here, you acknowledge that to the maximum extent permitted by applicable law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the Services, and any other claims, costs, damages, expenses, liabilities, or losses, attributable to any failure to conform to any warranty. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Services (including, without limitation, a third party claim that the Services infringe that third party’s intellectual property rights) or your use or possession of the Services, including but not limited to: product liability claims; any claim that the Services fail to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.

If you choose to communicate with DDM by text message using our Short Code, 45443, or any of our many store numbers that send text messages, you agree that standard message and data rates may apply and that these Services are for subscribers of various wireless providers within the US. The wireless carriers are not liable for delayed or undelivered messages. For help in the US, text HELP to 45443. You may also email custserv@discount-drugmart.com. You may stop mobile subscription at any time by sending text message “STOP” to 45443 in the US. Your phone must have text messaging capability. NOTE: Message and data rates may apply.

You may receive up to fifty (50) messages per month related to the Services to which you opt in.

DDM uses various phone numbers to allow our personnel to communicate with other employees, potential employees, customers, and patients. These communications are not automated. If you prefer not to communicate with DDM by text message, simply inform us at the time of communication.

You may also email DDM at custserv@discount-drugmart.com to unsubscribe at any time. If you believe that your contact information was collected without your consent and would like to report spam, please email DDM at custserv@discount-drugmart.com. When reporting the offending organization, please include the contact address or number that sent you the spam, the username of the sender, and the message or first few sentences of the message that you consider spam.

V. Disclaimers, Limitation of Liability, and Indemnification

DDM provides the Services (including, without limitation, all DDM Content, User Content, and other content whatsoever) as a service to you. THESE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, DDM EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ACCURACY, APPROPRIATENESS, AVAILABILITY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, QUALITY, RELIABILITY, SECURITY, OR THAT THE SERVICES ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. DDM IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY LIABILITY WITH RESPECT TO, ALL USER CONTENT, ANY USER, AND ANY THIRD PARTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, AND LEGALITY OF ANY INFORMATION YOU SUPPLY DDM. YOU AGREE THAT YOU USE THESE SERVICES AT YOUR SOLE RISK.

THESE SERVICES ARE MADE AVAILABLE TO USERS IN THE U.S., AND DDM MAKES NO WARRANTY OR REPRESENTATION THAT ANY OF THE SERVICES ARE APPROPRIATE FOR USE IN OTHER LOCATIONS. NO PART OF THE SERVICES SHOULD BE CONSTRUED AS AN OFFER OR SOLICITATION BY OR TO ANYONE TO WHOM SUCH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE.

AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO DDM’S SERVICES (INCLUDING DDM CONTENT), YOU AGREE THAT DDM IS NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NON-ACTIONS IN RELIANCE UPON THOSE. YOU ALSO AGREE THAT DDM’S AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF AND ACCESS TO THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM, (INCLUDING BUT NOT LIMITED TO, CONTRACT, FRAUD, INFRINGEMENT, NEGLIGENCE, PROFESSIONAL MALPRACTICE, STRICT LIABILITY, TORT, WARRANTY, OR OTHER BASES FOR CLAIMS) IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM DDM IN THE APPLICABLE TRANSACTION, IF ANY. DDM SHALL NOT IN ANY CASE BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (“DAMAGES”), NOR SHALL DDM BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, DELETION OF FILES, INTERRUPTIONS, MISTAKES, OMISSIONS, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY EVENTS BEYOND DDM’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, CONNECTIVITY ISSUES, DESTRUCTION, THEFT, OR UNAUTHORIZED ACCESS TO DDM’S CONTENT, RECORDS, SERVICES, SITES, SOFTWARE, OR SYSTEMS EVEN IF DDM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR DDM’S SERVICES (INCLUDING DDM CONTENT), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF SUCH A JURISDICTION TO THE EXTENT DAMAGES TO SUCH AN APPLICABLE RESIDENT OF SUCH JURISDICTION ARE THE RESULT OF OUR NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DDM, INCLUDING ITS AGENTS, AFFILIATES, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, OFFICERS, AND SUPPLIERS, AND, FROM AND AGAINST ALL COSTS, DAMAGES, EXPENSES, FEES, FINES, AND LOSSES INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR RELATING TO YOUR USE OF THE SERVICES OR VIOLATIONS OF THESE TERMS.

VI. Dispute Resolution

If a dispute ever arises betn you and DDM, please email privacy@discount-drugmart.com. If DDM cannot resolve the matter informally, you and DDM each agree that any and all disputes or claims that have arisen or may arise between you and DDM 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 (“Agreement to Arbitrate”). The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate, which shall 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 these Terms. A form for initiating arbitration proceedings is available on the AAA’s website. The arbitration shall be held in Medina County, OH before a single arbitrator. You agree to Medina County, OH as the location at which any arbitration must occur. The arbitrator will determine which party prevails in the action or, if a split decision, by what percentage each party prevails. The losing party will pay for the costs of the arbitration or if a split decision, proportionally as determined by the arbitrator. If the value of the relief sought is $10,000 or less, you or DDM may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and DDM 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 DDM, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Ohio, 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 DDM users, but is bound by rulings in prior arbitrations involving the same DDM 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 over the matter.

You and DDM 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 you and DDM 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. 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 shall not affect DDM’s other users.

You can choose to reject the Agreement to Arbitrate by mailing DDM a signed opt-out notice (“Opt-Out Notice”) within 30 days after the date you first access the Services or accept any subsequently published version of these Terms. The Opt-Out Notice must include a statement that you do not agree to this Agreement to Arbitrate, your name, address, phone number, and any email address used to log in to any applicable account(s) to which the opt-out applies. You must mail the Opt-Out Notice to Discount Drug Mart, Inc., Attn: Legal Department, 211 Commerce Drive, Medina, OH 44256. 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 these Terms, 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 DDM.

To the extent permitted by applicable law, any claims arising in connection with the use of the Services or these Terms must be filed within one (1) year of the date of the event giving rise to such action.

VII. Privacy

While providing the Services, you may provide, and DDM may collect, information about you and your use of the Services, including without limitation, your real-time location, MAC address, and IP address. DDM’s collection and use of such information is governed by DDM’s Online Privacy Policy and Notice of Privacy Practices.

VIII. Digital Millennium Copyright Act

If you believe any DDM Content infringes on your copyright, please send an email to privacy@discount-drugmart.com.

IX. Additional Terms

These Terms, including all other terms and policies referenced here, constitute the entire agreement between you and DDM with respect to the Service, and shall be construed in accordance with the laws of the State of Ohio, without respect to its conflict of laws rules. In the event of any inconsistencies between these Terms and the policies referenced here, these Terms shall control. DDM’s failure to exercise or enforce any terms here shall not constitute a waiver, and if DDM fails to act with respect to your breach or anyone else’s breach on any occasion, DDM is not waiving DDM’s right to act with respect to future or similar breaches. If you breach any provision of these Terms, you may no longer use the Services. If these Terms or your permission to use the Services is terminated by DDM for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Services and anything relating to or arising from such use. If you are dissatisfied with the Services or with these Terms, your sole and exclusive remedy is to discontinue using the Services. These Terms, including any or all rights and obligations here, may be freely assigned or transferred by DDM, but not by you. Section headings are included for convenience only, and shall not affect the interpretation of any Terms. You agree that any electronic notices DDM sends you shall satisfy any requirement that such notices be made in writing. If any part of these Terms is ruled to be unlawful, void, or for any reason unenforceable, then such part shall be deemed severable from these Terms, and shall be eliminated or limited to the minimum extent necessary. The remainder of these Terms, including any revised portion, shall remain and be in full force and effect.