Terms of Use
TERMS OF USE
Thank you for visiting our site which is owned and operated by The Formulary AI Corp.
(collectively, “We”, “Us”, or “Our”). Please read these terms of use (“Terms of Use”)
carefully before using the services. THESE TERMS OF USE SET FORTH THE
LEGALLY BINDING TERMS OF USE FOR YOUR USE OF THIS SITE AND ANY
RELATED SERVICES, FEATURES, CONTENT, APPS, WIDGETS OFFERED (THE
“SITE”) OR ANY PURCHASES YOU MAKE.
These Terms of Use apply to all users of the Site, including, without limitation, users
who are contributors of content, information and other materials or services on the Site.
If you do not agree with the Terms of Use, then you do not have the right to access,
view, download or otherwise use the Site or purchase any cosmetics and, accordingly,
you should not do so.
We may at our sole discretion change, add, or delete portions of these Terms of Use at
any time on a going-forward basis. It is your responsibility to check these Terms of Use
for changes prior to use of the Site, and your continued use of the Site following the
posting of changes to these Terms of Use constitutes your acceptance of any changes.
Privacy
We have developed a Privacy Policy in order to inform you of our practices with respect
to the collection, use, disclosure and protection of personal information. You can find the
Privacy Policy, which is incorporated into these Terms of Use, on our home page and by
using this Site you agree to the terms of the Privacy Policy.
General Terms of Use
You agree to use the Site only for lawful purposes and in compliance with all
international, federal, state and local laws. Except as expressly permitted in these
Terms of Use, you may not use, reproduce, distribute, reverse engineer, modify, copy,
publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way
exploit the content of the Site.
Eligibility
You represent and warrant that you (a) are above the legal age of majority in your
jurisdiction of residence, (b) have not previously been suspended or removed from the
Site, (c) do not have more than one (1) account at any given time for the Site; (d) you
will only provide us with true, accurate, current and complete information if you register
for an account and/or Orders (defined below). If we believe or suspect that your
information is not true, accurate, current or complete, or suspect fraudulent use of the
site via any automated tools or otherwise, we may deny or terminate your access to the
Site or Services (or any portion thereof) and (e) that you have full power and authority to
enter into the Terms of Use and in doing so will not violate any other agreement to
which you are a party.
Your Account
When you create an Account, you are required to provide your name and email address
and select a password (collectively, your “Account Information”), which you must not
transfer to or share with any third parties. If someone accesses our Site or Services
using your Account Information, we will rely on that Account Information and will
assume that it is really you or your representative who is accessing the Site and
Services. You are solely responsible for any and all use of your Account Information and
all Orders and activities that occur under or in connection with the Account. Without
limiting any rights which we may otherwise have, we reserve the right to take any and
all action, as it deems necessary or reasonable, to ensure the security of the Site and
your Account, including without limitation, terminating your Account, changing your
password, or requesting additional information to authorize transactions on your
Account. You agree to be responsible for any act or omission of any users that access
the Site or Services under your Account Information that, if undertaken by you, would be
deemed a violation of these Terms of Use. You may not use anyone else's Account at
any time, without the permission of the Account holder. Please notify us immediately if
you become aware that your Account Information is being used without authorization.
You agree not to register for more than one Account, register for an Account on behalf
of an individual other than yourself without such individual's authorization, or register for
an Account on behalf of any group or entity.
Transmitting Materials
You understand that the technical processing and transmission of the Site may involve
(a) transmissions over various networks and (b) changes to conform and adapt to
technical requirements of connecting networks or devices. We assume no responsibility
for the deletion or failure to store postings or other information submitted by you or other
users of the Site.
You agree that you will not harvest, collect or store information about the users of the
Site or the User Content or use such information for any purpose inconsistent with the
purpose of the Site or for the purpose of transmitting or facilitating transmission of
unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i)
take any action that imposes or may impose (as determined by Us in our sole
discretion) an unreasonable or disproportionately large load on our infrastructure; (ii)
interfere or attempt to interfere with the proper working of the Site or any activities
conducted on the Site; (iii) bypass any measures we may use to prevent or restrict
access to the Site or portions thereof (or other accounts, computer systems or networks
connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use
manual or automated software, devices, or other processes to “crawl” or “spider” any
page of the Site; or (vi) harvest or scrape any content from the Site.
Product Availability
The availability of the products and services described on the Site, and the descriptions
of such products and services, may vary based on location and timing.
Auto Refill
This site may offer you the opportunity to subscribe to auto-refill your purchase. Your
subscription will continue until you cancel it. A recurring charge (in the amount of the
product selected for auto replenishment) will be automatically charged to your credit
card each time the order ships. The shipment schedule will follow the frequency you
requested when you selected the product. There is no minimum term of the subscription
and no minimum purchase obligation.
Orders, Prohibition on Reselling
While it is our practice to confirm orders by email, the receipt of an email order
confirmation does not constitute our acceptance of an order or our confirmation of an
offer to sell a product or service. We reserve the right, without prior notice, to limit the
order quantity on any product or service and/or to refuse service to any customer. We
also may require verification of information prior to the acceptance and/or shipment of
any order.
All orders shipped are made pursuant to a shipment contract. This means that the risk
of loss and title for such items pass to you upon our delivery to the carrier.
You may not purchase any item from this site for resale by you or any other person. The
prices displayed on the site are quoted in U.S. dollars and are intended to be valid and
effective only in the United States. We have the right to refuse or cancel orders placed,
including but not limited to orders where product(s) is listed at an incorrect price
regardless of whether the order has been confirmed or your credit card charged. If your
credit card has already been charged for the purchase and your order is canceled, we
will issue a credit to your credit card account.
Intellectual Property Rights
The Site, and all of its contents, including but not limited to articles, other text,
photographs, images, illustrations, graphics, video material, audio material, including
musical compositions and sound recordings, software, logos, titles, characters, names,
graphics and button icons, excluding User Content (collectively “Proprietary Material”),
are protected by copyright, trademark and other laws of the United States, as well as
international conventions and the laws of other countries. The Proprietary Material is
owned or controlled by Formulary or by other parties that have provided rights thereto to
Formulary.
Except as otherwise provided in these Terms of Use or without our express prior written
permission, you may not, and agree that you will not, use, publish, reproduce, display,
publicly perform, create derivative works from, reverse engineer or decompile,
disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload,
transmit or modify the Proprietary Material or any portion thereof, for any purpose or by
any means, method, or process now known or later developed. Modification of the
materials appearing on the Site or use of such materials for any other purpose is a
violation of our copyright and other proprietary rights.
Claims Regarding Copyright Infringement
Formulary respects the intellectual property rights of others. If you are a copyright owner
or an agent thereof and believe that any User Content or other content on the Site
infringes your copyright, you may submit a notification pursuant to the Digital Millennium
Copyright Act (“DMCA”) by providing our Copyright Agent with the following information
in writing (see 17 U.S.C § 512(c)(3) for further detail):
A physical or electronic signature of the owner or a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works are covered by a single notification, a representative
list of such works;
Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled
and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your name,
address, telephone number, and, if available, your 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; and
A statement, under penalty of perjury, that the information in the above
notification is accurate and that you are, or are authorized to act on behalf of, the
owner of an exclusive right that is allegedly infringed.
If you fail to comply with all of the requirements set forth above, your DMCA notification
may not be effective. Our designated Copyright Agent to receive notifications of claimed
infringement is:
DMCA Agent c/o Formulary USA Legal Department
10 Hudson Yards
501 West 30 Street
Arizona, NY 10001
DMCA@loreal.com
After receiving an effective notification of claimed infringement, we will process and
investigate the claim and, if appropriate, will act expeditiously to remove or disable
access to material claimed to be infringing. We also will take reasonable steps promptly
to notify the uploading user that the material has been removed or disabled at your
request.
This notification process does not limit Formulary’s ability to exercise any other rights or
pursue any other remedies it may have to address claims of infringement.
Account Termination:
It is our policy to terminate, in appropriate circumstances, the accounts or access of
users who repeatedly infringe copyrights.
Account Termination
We may, in appropriate circumstances, terminate your account for the Site and any or
all affiliate websites if you are a repeat infringer. If you believe that a user is a repeat
infringer, please follow the instructions above to contact our Copyright Agent and
provide information sufficient for us to verify that the user is a repeat infringer.
Third Party Websites and Links
You may be able to link to third party Websites, services or resources on the Internet
from the Site, and third-party Websites, services or resources may contain links to the
Site (collectively, “Linked Sites”). We are not responsible for the content, availability,
advertising, products, services or other materials of any such Linked Sites, or any
additional links contained therein, and our inclusion of links to the Linked Sites on the
Sites does not imply that we endorse or approve of any materials contained on, or
accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly,
to you or any other person or entity for any loss or damage arising from or occasioned
by the creation or use of the Linked Sites or the information or material accessed
through these Linked Sites.
Third Party Merchants
The Site may enable you to order and receive products, information and services from
businesses that are not owned or operated by us. The purchase, payment, warranty,
guarantee, delivery, maintenance, and all other matters concerning the merchandise,
services or information, opinion or advice ordered or received from such businesses are
solely between you and such businesses. We do not endorse, warrant, or guarantee
such products, information, or services. We will not be a party to or in any way
responsible for monitoring any transaction between you and third-party providers of
such products, services, or information, or for ensuring the confidentiality of your
transactions.
We are a participant in the Amazon Services LLC Associates Program, an affiliate
advertising program designed to provide a means for us to earn fees by linking to
Amazon.com and affiliated sites.
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
We may display advertisements for the goods and services of a third party on the Site,
including in connection with co-promotions, sponsorships and other similar partnership
arrangements. We do not endorse or represent and are not responsible for the safety,
quality, accuracy, reliability, integrity or legality of any such advertised goods or services.
Contests
This Site may, from time to time, contain contests that offer prizes or that require you to
submit material or information about yourself. Each contest has its own rules, which you
must read and agree to before you may enter.
Events
You may be invited or asked to attend events we sponsor, or events held by other
members and users of the Site which are not in any way associated with us (collectively,
“Events”). Your participation in any Events is at your own risk.
Use of Software
We may make software available for you to download or use. Such software will be
subject to the terms of the license agreement that accompanies it. If there is no license
agreement presented to you with the software, then the following license, in addition to
the other terms of these Terms of Use govern your use of such software. We grant you
a personal, non-exclusive, non-transferable, limited license to install the software on any
single computer. The software is protected by copyright and other intellectual property
laws and treaties and is owned by us or our suppliers. You may not: (i) copy, sell,
redistribute, rent, lease or otherwise transfer the software or any of the limited rights you
receive hereunder; (ii) incorporate it or any portion of it into another product; (iii) reverse
engineer, decipher, decompile, or disassemble the software or otherwise attempt to
derive the source code or underlying ideas or algorithms of the software or any portion
of the software, including without limitation any application or widget (except where
expressly permitted by law); (iv) export, re-export, transfer and/or release the software,
related technology, or any product thereof, for any proscribed end-use, or to any
proscribed country, entity or person (wherever located), without proper authorization
from the U.S. and/or foreign government; (v) modify, translate, adapt, or create
derivative works from the software or any portion of the software in any way or remove
proprietary notices in the software. You agree to abide by all laws and regulations in
effect regarding your use of the software. You may not authorize or assist any third party
to do any of the things prohibited in this paragraph.
We may automatically check your version of the software and update it to improve its
performance and capabilities. If you shut down the software during an automatic update
or otherwise interfere with the installation of the update, the software may be damaged
and/or cease to operate.
Termination
We may terminate or suspend your access to the Site, delete your profile and any
content or information that you have posted on the Site and/or prohibit you from using or
accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no
reason, at any time in our sole discretion, with or without notice to you, effective
immediately, which may result in the forfeiture and destruction of all information
associated with you and your activities in connection with the Site. If you wish to
terminate your account, you may do so by following the instructions on the Site. Any
fees paid hereunder are non-refundable. In the event of termination, you will still be
bound by your obligations under these Terms of Use.
Governing Law; General Information
We control and operate the Site from our offices in the State of Arizona, United States of
America. While we invite visitors from all parts of the world to visit the Site, visitors
acknowledge that the Site, and all activities available on and through the Site, are
governed by the laws of the United States of America and the laws of the State of
Arizona. We do not represent that materials on the Site are appropriate or available for
use in other locations. Persons who choose to access the Site from other locations do
so on their own initiative and are responsible for compliance with local laws.
You agree that the laws of the State of Arizona, excluding its conflict of laws rules, and
these Terms of Use, our Privacy Policy and any other policies posted from time to time
on the Site applicable to your use of the Site shall govern your use of the Site. Please
note that your use of the Site may be subject to other local, state, national, and
international laws. You expressly agree that exclusive jurisdiction for any claim or
dispute with us (or any of our affiliates) or relating in any way to your use of the Site
resides in the courts of the County of Arizona, State of Arizona, and you further agree
and expressly consent to the exercise of personal jurisdiction in the courts of the County
of Arizona, State of Arizona, in connection with any such dispute and including any
claim involving us or our affiliates, subsidiaries, employees, contractors, officers,
directors, telecommunication providers and content providers.
Arbitration
By using this Site, you agree that Formulary USA or one of its affiliates at its sole
discretion, may require that: (1) any and all disputes and causes of action related to or
connected with these Terms, the Site, and the related offerings shall be resolved
individually, without resort to any form of class action, and exclusively by final and
binding arbitration under the rules of the American Arbitration Association and held at
the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall
govern the interpretation, enforcement and all proceedings at such arbitration; and (3)
judgment upon such arbitration award may be entered in any court having jurisdiction.
You understand and agree that you are waiving your right to sue or go to court to assert
or defend your rights under this contract.
A printed version of the Terms of Use and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to the Terms
of Use to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
These Terms of Use are the entire agreement between you and us with respect to the
Site and any User Content and supersede all prior or contemporaneous
communications and proposals (whether oral, written or electronic) between you and us
with respect to those matters. If any provision of these Terms of Use is found to be
illegal or unenforceable, the remainder of the Terms of Use shall be unaffected and shall
continue to be fully valid, binding, and enforceable. The failure of either party to exercise
in any respect any right provided for herein shall not be deemed a waiver of any further
rights hereunder. No agency, partnership, joint venture, or employment relationship is
created as a result of these Terms of Use, and neither party has any authority of any
kind to bind the other in any respect.
Notices
Unless otherwise specified in these Terms of Use, all notices under these Terms of Use
will be in writing and will be deemed to have been duly given when received, if
personally delivered or sent by certified or registered mail, return receipt requested;
when receipt is electronically confirmed, if transmitted by facsimile or email; or the day
after it is sent, if sent for next day delivery by recognized overnight delivery service.
Please feel free to contact us via one of the methods described on our Contact Us
page. You agree that we may send notices to you regarding your use of the Site by
means of electronic mail, a general notice posted on the Site or by written
communication delivered either by overnight courier or U.S. mail to your email or
mailing address as appearing in our records from time to time.
These Terms of Use were last updated January 2021.
Thank you for visiting our site which is owned and operated by The Formulary AI Corp.
(collectively, “We”, “Us”, or “Our”). Please read these terms of use (“Terms of Use”)
carefully before using the services. THESE TERMS OF USE SET FORTH THE
LEGALLY BINDING TERMS OF USE FOR YOUR USE OF THIS SITE AND ANY
RELATED SERVICES, FEATURES, CONTENT, APPS, WIDGETS OFFERED (THE
“SITE”) OR ANY PURCHASES YOU MAKE.
These Terms of Use apply to all users of the Site, including, without limitation, users
who are contributors of content, information and other materials or services on the Site.
If you do not agree with the Terms of Use, then you do not have the right to access,
view, download or otherwise use the Site or purchase any cosmetics and, accordingly,
you should not do so.
We may at our sole discretion change, add, or delete portions of these Terms of Use at
any time on a going-forward basis. It is your responsibility to check these Terms of Use
for changes prior to use of the Site, and your continued use of the Site following the
posting of changes to these Terms of Use constitutes your acceptance of any changes.
Privacy
We have developed a Privacy Policy in order to inform you of our practices with respect
to the collection, use, disclosure and protection of personal information. You can find the
Privacy Policy, which is incorporated into these Terms of Use, on our home page and by
using this Site you agree to the terms of the Privacy Policy.
General Terms of Use
You agree to use the Site only for lawful purposes and in compliance with all
international, federal, state and local laws. Except as expressly permitted in these
Terms of Use, you may not use, reproduce, distribute, reverse engineer, modify, copy,
publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way
exploit the content of the Site.
Eligibility
You represent and warrant that you (a) are above the legal age of majority in your
jurisdiction of residence, (b) have not previously been suspended or removed from the
Site, (c) do not have more than one (1) account at any given time for the Site; (d) you
will only provide us with true, accurate, current and complete information if you register
for an account and/or Orders (defined below). If we believe or suspect that your
information is not true, accurate, current or complete, or suspect fraudulent use of the
site via any automated tools or otherwise, we may deny or terminate your access to the
Site or Services (or any portion thereof) and (e) that you have full power and authority to
enter into the Terms of Use and in doing so will not violate any other agreement to
which you are a party.
Your Account
When you create an Account, you are required to provide your name and email address
and select a password (collectively, your “Account Information”), which you must not
transfer to or share with any third parties. If someone accesses our Site or Services
using your Account Information, we will rely on that Account Information and will
assume that it is really you or your representative who is accessing the Site and
Services. You are solely responsible for any and all use of your Account Information and
all Orders and activities that occur under or in connection with the Account. Without
limiting any rights which we may otherwise have, we reserve the right to take any and
all action, as it deems necessary or reasonable, to ensure the security of the Site and
your Account, including without limitation, terminating your Account, changing your
password, or requesting additional information to authorize transactions on your
Account. You agree to be responsible for any act or omission of any users that access
the Site or Services under your Account Information that, if undertaken by you, would be
deemed a violation of these Terms of Use. You may not use anyone else's Account at
any time, without the permission of the Account holder. Please notify us immediately if
you become aware that your Account Information is being used without authorization.
You agree not to register for more than one Account, register for an Account on behalf
of an individual other than yourself without such individual's authorization, or register for
an Account on behalf of any group or entity.
Transmitting Materials
You understand that the technical processing and transmission of the Site may involve
(a) transmissions over various networks and (b) changes to conform and adapt to
technical requirements of connecting networks or devices. We assume no responsibility
for the deletion or failure to store postings or other information submitted by you or other
users of the Site.
You agree that you will not harvest, collect or store information about the users of the
Site or the User Content or use such information for any purpose inconsistent with the
purpose of the Site or for the purpose of transmitting or facilitating transmission of
unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i)
take any action that imposes or may impose (as determined by Us in our sole
discretion) an unreasonable or disproportionately large load on our infrastructure; (ii)
interfere or attempt to interfere with the proper working of the Site or any activities
conducted on the Site; (iii) bypass any measures we may use to prevent or restrict
access to the Site or portions thereof (or other accounts, computer systems or networks
connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use
manual or automated software, devices, or other processes to “crawl” or “spider” any
page of the Site; or (vi) harvest or scrape any content from the Site.
Product Availability
The availability of the products and services described on the Site, and the descriptions
of such products and services, may vary based on location and timing.
Auto Refill
This site may offer you the opportunity to subscribe to auto-refill your purchase. Your
subscription will continue until you cancel it. A recurring charge (in the amount of the
product selected for auto replenishment) will be automatically charged to your credit
card each time the order ships. The shipment schedule will follow the frequency you
requested when you selected the product. There is no minimum term of the subscription
and no minimum purchase obligation.
Orders, Prohibition on Reselling
While it is our practice to confirm orders by email, the receipt of an email order
confirmation does not constitute our acceptance of an order or our confirmation of an
offer to sell a product or service. We reserve the right, without prior notice, to limit the
order quantity on any product or service and/or to refuse service to any customer. We
also may require verification of information prior to the acceptance and/or shipment of
any order.
All orders shipped are made pursuant to a shipment contract. This means that the risk
of loss and title for such items pass to you upon our delivery to the carrier.
You may not purchase any item from this site for resale by you or any other person. The
prices displayed on the site are quoted in U.S. dollars and are intended to be valid and
effective only in the United States. We have the right to refuse or cancel orders placed,
including but not limited to orders where product(s) is listed at an incorrect price
regardless of whether the order has been confirmed or your credit card charged. If your
credit card has already been charged for the purchase and your order is canceled, we
will issue a credit to your credit card account.
Intellectual Property Rights
The Site, and all of its contents, including but not limited to articles, other text,
photographs, images, illustrations, graphics, video material, audio material, including
musical compositions and sound recordings, software, logos, titles, characters, names,
graphics and button icons, excluding User Content (collectively “Proprietary Material”),
are protected by copyright, trademark and other laws of the United States, as well as
international conventions and the laws of other countries. The Proprietary Material is
owned or controlled by Formulary or by other parties that have provided rights thereto to
Formulary.
Except as otherwise provided in these Terms of Use or without our express prior written
permission, you may not, and agree that you will not, use, publish, reproduce, display,
publicly perform, create derivative works from, reverse engineer or decompile,
disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload,
transmit or modify the Proprietary Material or any portion thereof, for any purpose or by
any means, method, or process now known or later developed. Modification of the
materials appearing on the Site or use of such materials for any other purpose is a
violation of our copyright and other proprietary rights.
Claims Regarding Copyright Infringement
Formulary respects the intellectual property rights of others. If you are a copyright owner
or an agent thereof and believe that any User Content or other content on the Site
infringes your copyright, you may submit a notification pursuant to the Digital Millennium
Copyright Act (“DMCA”) by providing our Copyright Agent with the following information
in writing (see 17 U.S.C § 512(c)(3) for further detail):
A physical or electronic signature of the owner or a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works are covered by a single notification, a representative
list of such works;
Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled
and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your name,
address, telephone number, and, if available, your 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; and
A statement, under penalty of perjury, that the information in the above
notification is accurate and that you are, or are authorized to act on behalf of, the
owner of an exclusive right that is allegedly infringed.
If you fail to comply with all of the requirements set forth above, your DMCA notification
may not be effective. Our designated Copyright Agent to receive notifications of claimed
infringement is:
DMCA Agent c/o Formulary USA Legal Department
10 Hudson Yards
501 West 30 Street
Arizona, NY 10001
DMCA@loreal.com
After receiving an effective notification of claimed infringement, we will process and
investigate the claim and, if appropriate, will act expeditiously to remove or disable
access to material claimed to be infringing. We also will take reasonable steps promptly
to notify the uploading user that the material has been removed or disabled at your
request.
This notification process does not limit Formulary’s ability to exercise any other rights or
pursue any other remedies it may have to address claims of infringement.
Account Termination:
It is our policy to terminate, in appropriate circumstances, the accounts or access of
users who repeatedly infringe copyrights.
Account Termination
We may, in appropriate circumstances, terminate your account for the Site and any or
all affiliate websites if you are a repeat infringer. If you believe that a user is a repeat
infringer, please follow the instructions above to contact our Copyright Agent and
provide information sufficient for us to verify that the user is a repeat infringer.
Third Party Websites and Links
You may be able to link to third party Websites, services or resources on the Internet
from the Site, and third-party Websites, services or resources may contain links to the
Site (collectively, “Linked Sites”). We are not responsible for the content, availability,
advertising, products, services or other materials of any such Linked Sites, or any
additional links contained therein, and our inclusion of links to the Linked Sites on the
Sites does not imply that we endorse or approve of any materials contained on, or
accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly,
to you or any other person or entity for any loss or damage arising from or occasioned
by the creation or use of the Linked Sites or the information or material accessed
through these Linked Sites.
Third Party Merchants
The Site may enable you to order and receive products, information and services from
businesses that are not owned or operated by us. The purchase, payment, warranty,
guarantee, delivery, maintenance, and all other matters concerning the merchandise,
services or information, opinion or advice ordered or received from such businesses are
solely between you and such businesses. We do not endorse, warrant, or guarantee
such products, information, or services. We will not be a party to or in any way
responsible for monitoring any transaction between you and third-party providers of
such products, services, or information, or for ensuring the confidentiality of your
transactions.
We are a participant in the Amazon Services LLC Associates Program, an affiliate
advertising program designed to provide a means for us to earn fees by linking to
Amazon.com and affiliated sites.
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
We may display advertisements for the goods and services of a third party on the Site,
including in connection with co-promotions, sponsorships and other similar partnership
arrangements. We do not endorse or represent and are not responsible for the safety,
quality, accuracy, reliability, integrity or legality of any such advertised goods or services.
Contests
This Site may, from time to time, contain contests that offer prizes or that require you to
submit material or information about yourself. Each contest has its own rules, which you
must read and agree to before you may enter.
Events
You may be invited or asked to attend events we sponsor, or events held by other
members and users of the Site which are not in any way associated with us (collectively,
“Events”). Your participation in any Events is at your own risk.
Use of Software
We may make software available for you to download or use. Such software will be
subject to the terms of the license agreement that accompanies it. If there is no license
agreement presented to you with the software, then the following license, in addition to
the other terms of these Terms of Use govern your use of such software. We grant you
a personal, non-exclusive, non-transferable, limited license to install the software on any
single computer. The software is protected by copyright and other intellectual property
laws and treaties and is owned by us or our suppliers. You may not: (i) copy, sell,
redistribute, rent, lease or otherwise transfer the software or any of the limited rights you
receive hereunder; (ii) incorporate it or any portion of it into another product; (iii) reverse
engineer, decipher, decompile, or disassemble the software or otherwise attempt to
derive the source code or underlying ideas or algorithms of the software or any portion
of the software, including without limitation any application or widget (except where
expressly permitted by law); (iv) export, re-export, transfer and/or release the software,
related technology, or any product thereof, for any proscribed end-use, or to any
proscribed country, entity or person (wherever located), without proper authorization
from the U.S. and/or foreign government; (v) modify, translate, adapt, or create
derivative works from the software or any portion of the software in any way or remove
proprietary notices in the software. You agree to abide by all laws and regulations in
effect regarding your use of the software. You may not authorize or assist any third party
to do any of the things prohibited in this paragraph.
We may automatically check your version of the software and update it to improve its
performance and capabilities. If you shut down the software during an automatic update
or otherwise interfere with the installation of the update, the software may be damaged
and/or cease to operate.
Termination
We may terminate or suspend your access to the Site, delete your profile and any
content or information that you have posted on the Site and/or prohibit you from using or
accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no
reason, at any time in our sole discretion, with or without notice to you, effective
immediately, which may result in the forfeiture and destruction of all information
associated with you and your activities in connection with the Site. If you wish to
terminate your account, you may do so by following the instructions on the Site. Any
fees paid hereunder are non-refundable. In the event of termination, you will still be
bound by your obligations under these Terms of Use.
Governing Law; General Information
We control and operate the Site from our offices in the State of Arizona, United States of
America. While we invite visitors from all parts of the world to visit the Site, visitors
acknowledge that the Site, and all activities available on and through the Site, are
governed by the laws of the United States of America and the laws of the State of
Arizona. We do not represent that materials on the Site are appropriate or available for
use in other locations. Persons who choose to access the Site from other locations do
so on their own initiative and are responsible for compliance with local laws.
You agree that the laws of the State of Arizona, excluding its conflict of laws rules, and
these Terms of Use, our Privacy Policy and any other policies posted from time to time
on the Site applicable to your use of the Site shall govern your use of the Site. Please
note that your use of the Site may be subject to other local, state, national, and
international laws. You expressly agree that exclusive jurisdiction for any claim or
dispute with us (or any of our affiliates) or relating in any way to your use of the Site
resides in the courts of the County of Arizona, State of Arizona, and you further agree
and expressly consent to the exercise of personal jurisdiction in the courts of the County
of Arizona, State of Arizona, in connection with any such dispute and including any
claim involving us or our affiliates, subsidiaries, employees, contractors, officers,
directors, telecommunication providers and content providers.
Arbitration
By using this Site, you agree that Formulary USA or one of its affiliates at its sole
discretion, may require that: (1) any and all disputes and causes of action related to or
connected with these Terms, the Site, and the related offerings shall be resolved
individually, without resort to any form of class action, and exclusively by final and
binding arbitration under the rules of the American Arbitration Association and held at
the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall
govern the interpretation, enforcement and all proceedings at such arbitration; and (3)
judgment upon such arbitration award may be entered in any court having jurisdiction.
You understand and agree that you are waiving your right to sue or go to court to assert
or defend your rights under this contract.
A printed version of the Terms of Use and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to the Terms
of Use to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
These Terms of Use are the entire agreement between you and us with respect to the
Site and any User Content and supersede all prior or contemporaneous
communications and proposals (whether oral, written or electronic) between you and us
with respect to those matters. If any provision of these Terms of Use is found to be
illegal or unenforceable, the remainder of the Terms of Use shall be unaffected and shall
continue to be fully valid, binding, and enforceable. The failure of either party to exercise
in any respect any right provided for herein shall not be deemed a waiver of any further
rights hereunder. No agency, partnership, joint venture, or employment relationship is
created as a result of these Terms of Use, and neither party has any authority of any
kind to bind the other in any respect.
Notices
Unless otherwise specified in these Terms of Use, all notices under these Terms of Use
will be in writing and will be deemed to have been duly given when received, if
personally delivered or sent by certified or registered mail, return receipt requested;
when receipt is electronically confirmed, if transmitted by facsimile or email; or the day
after it is sent, if sent for next day delivery by recognized overnight delivery service.
Please feel free to contact us via one of the methods described on our Contact Us
page. You agree that we may send notices to you regarding your use of the Site by
means of electronic mail, a general notice posted on the Site or by written
communication delivered either by overnight courier or U.S. mail to your email or
mailing address as appearing in our records from time to time.
These Terms of Use were last updated January 2021.