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Nano Drops Rx LLC. TERMS AND CONDITIONS
Terms of Use
Last updated: January 16, 2024
Nano Drops Rx, LLC (“Nano Drops Rx”, “we”, “us”) owns and operates the websites located at nanodropsrx.com, that we (or our affiliates) may make available to you now or in the future (collectively, the “Site”). Nano Drops Rx offers the Site, including all information and content therewith (collectively, the “Content”), products available for purchase (the “Products”) and various services (the “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated or referenced herein (the “Terms of Service”) and compliance with all applicable laws and regulations. Your use of certain features or components of our Site, access to certain Services or your ability to purchase Products may be limited to those users that have registered an account with us.
Please read these Terms of Service carefully before accessing or using our Site. By registering for and/or accessing and using the Site or Services, you agree to be bound by these Terms of Service and all other terms and policies that appear on the Site or Services. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THESE TERMS OF SERVICE IF YOU ARE NOT AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF SERVICE, DO NOT ACCESS AND/OR USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS, AND NANO DROPS RX’ PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES. YOUR USE OF THE SERVICES, AND NANO DROPS RX’ PROVISION OF THE SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY NANO DROPS RX AND BY YOU TO BE BOUND BY THESE TERMS.
Any new features, tools or services which are added to the current Site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. Any such changes will be effective as of the date of posting. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site (including the Content) or purchase of any Services or Products following the posting of any changes constitutes your acceptance of those changes. Your sole remedy for any disagreements or issues with the Terms of Service is to immediately discontinue your use of the Site (including the Content, Services and Products).
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 13, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND NANO DROPS RX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 13.)
We offer certain Products, Services and Content to you through our Site. In particular, you may (a) access prescription fulfillment services for certain prescription drugs and (b) access telehealth and telemedicine services. Our Services are currently available only to individuals who are at least the age of majority in their jurisdiction of residence.
2a) Prescription Fulfillment Services
We may provide access to prescription fulfillment services offered by the following pharmacy (the “Pharmacies”):
Partell Pharmacy
You can expect to receive your prescription drugs from our partner pharmacy. Currently, we have partnered with Partell Pharmacy to dispense your prescription drugs to your door.
Partell Pharmacy owns and operates a pharmacy location in the U.S. Located at 5835 S Eastern ave STE 101 Las Vegas, NV. 89119
By accepting these Terms of Service, you acknowledge and accept that Nano Drops Rx is not a prescription fulfillment warehouse. When you use these Services, you understand that we are simply connecting you to the Pharmacies. Nano Drops Rx does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned in relation to the Services. NANO DROPS RX MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, OR TIMELINESS OF THE PHARMACIES OR THE PRESCRIPTION PRODUCTS AND IS NOT RESPONSIBLE FOR ANY OF THE SERVICES PROVIDED BY THE PHARMACIES.
2b Healthcare Services
Nano Drops Rx does not engage in the practice of medicine and does not provide any healthcare services; however, we may make certain Services for telehealth and telemedicine available to you by connecting you with third-party medical providers. By using these Services, you understand and agree that you are not establishing a physician/patient relationship, or any other similar provider-patient relationship, with us) by using the Service.
In some states, you may have access to healthcare professionals (each, a “Provider” and collectively, the “Providers”) through one or more licensed medical practices managed by or otherwise contractually affiliated with Nano Drops Rx,. You understand that telehealth and telemedicine services may not substitute in-person care in all cases.
Before receiving telehealth or telemedicine services, you will be required to review and provide informed consent in order to use such Services.
Through the Site, the Providers may offer you medical advice and/or prescribe medication. You understand and agree that the Providers are solely responsible for the medical care and treatment that they provide to you. Any advice or services you receive from such Provider may be subject to additional terms between you and such Provider. Nano Drops Rx is not responsible for the acts, omissions or for any content of the communications made by any Provider affiliated with the Site. In certain cases, a Provider may determine that your treatment requires an in-person visit with a healthcare provider or healthcare services that are not offered by the Providers. If this is the case, you will be notified and you will not be able to use the Services for further treatment for that particular medical issue.
If you wish to be connected with a Provider through the Site, you understand and agree that you are providing your personal health information to, and receiving advice and prescriptions from such Provider, and not Nano Drops Rx. Please review our Privacy Policy for more information about our practices regarding your personal data. The Providers may be governed by federal or applicable State privacy rules that may not be applicable to Nano Drops Rx. The Providers may provide a separate notice to you that describes how they may use and disclose your personal health information. You understand that the Providers’ notice applies solely to the Providers, and not Nano Drops Rx.
Even though you may be able to communicate with certain Providers through the Site, those communications may not be real-time. The Site does not provide any medical services.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, GO TO THE EMERGENCY DEPARTMENT, OR CALL 911 IMMEDIATELY.
By accepting these Terms of Service, you acknowledge and agree that the Providers may send you electronic messages through the Site containing results, reports, instructions, and/or advice related to your diagnosis and/or treatment. You further understand that the Providers may contact you via email or text with such information. You are responsible for checking and responding to these messages. You may not hold Nano Drops Rx or any Provider liable for any injury, loss, or claims resulting from your failure to read or respond to these messages or comply with the advice or instructions contained in a message from a Provider.
Nano Drops Rx MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, SUITABILITY, RELIABILITY OR TIMELINESS OF THE DIAGNOSIS AND/OR TREATMENT PROVIDED BY THE PROVIDERS.
3a) Products Generally
We may offer certain Products, including prescription products, and non-prescription products such as over-the-counter medications, vitamins, dietary supplements, and wellness products for purchase on the Site. The Products displayed on the Site can be ordered and delivered only within the U.S. All prices are in U.S. Dollars and are valid and effective only in the U.S. Any reference on the Site to any Products or other information by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply our endorsement, sponsorship, or recommendation of such Product. All Products are non-refundable.
You understand and agree that all Products (and any associated information) should be used strictly in accordance with their instructions, precautions, and guidelines and in accordance with applicable laws in your jurisdiction (including but not limited to copyright laws). Unless expressly provided by the manufacturer, the statements made about the Products by their manufacturers have not been evaluated by any government agency and the results reported, if any, may not necessarily occur in all individuals.
You should always check the listing of ingredients for the Products to avoid allergic reactions. If any minor uses any Product, it should be only after the legal or parental guardian has discussed the Product with the minor’s doctor. Use of the Content related to a Product is not meant to serve as a substitute for professional medical advice. Please consult with your Provider, your own physician, or another healthcare practitioner regarding the use of any Product before using them. Your Provider, physician or other healthcare practitioner should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical-related questions and the Site does not replace any medical professional or medical resource. We do not represent ourselves as a physician nor is this implied.
The Products available on the Site are for your personal use only. You understand that the prices for our Products may change without notice.
3b)Prescription Products
Certain Products require a valid prescription by a licensed healthcare provider (“Prescription Products”). You may not purchase a Prescription Product unless and until you have completed a consultation with a Provider, and such Provider has provided a written prescription.
Some prescriptions can be filled through Partell Pharmacy by using the Site. However, some prescriptions may not be available through the Partell Pharmacy and may need to be filled by a pharmacy of your choice, including prescriptions used for many common primary care conditions.
Prescriptions fulfilled by the Partell Pharmacies at times may not use child-resistant packaging and Prescription Products may not be dispensed in child-resistant containers.
If you fill a prescription with a pharmacy other than the Partell Pharmacy, we will send the prescription to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the Prescription Product and paying the pharmacy directly for the cost of the Prescription Product.
Our Site may also contain Content, which includes, but is not limited to, information regarding our Products and Services and other information (whether in text, audio, graphics, and/or video) provided by Nano Drops Rx, third parties, or other users. You may access and use the Content on the Site only as permitted under these Terms of Service and the Privacy Policy. You agree that you will not use, copy, or distribute any of the Content other than as expressly provided herein. You understand that by using the Site, you may be exposed to Content that may be offensive, indecent, or objectionable, and you agree that we shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you.
4a) Nano Drops Rx Content
All Content presented by Nano Drops Rx is intended to be used for personal, educational, or informational purposes only. Any reliance on the Content is at your own risk. You agree and understand that we are not responsible if any Content made available on the Site, or as part of a Product or Service, is not accurate, complete, or current. We reserve the right to modify the Content at any time, but we have no obligation to update any of the Content. You agree that it is your responsibility to monitor any changes to the Content.
In addition to any other obligations set forth in these Terms of Service, you understand and agree that you are solely responsible for maintaining the security of your account and are responsible for all activities that occur under your username and any other actions taken in connection with your account. You agree to immediately notify us in writing of any unauthorized use of this Site or any other breaches of security. You acknowledge and agree that we will not be liable for any acts or omissions by you, including any loss or damage of any kind incurred as a result of such acts or omissions.
You are solely responsible for providing and maintaining at your own expense, appropriate technological capabilities to use the Site, and access the Services or purchase Products. You shall submit only truthful, complete, and accurate information through the Site. We reserve the right to change the access configuration, including any software, hardware, or other requirements at any time and without prior notice.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site, or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site (and any Service) for violating any of the prohibited uses.
By submitting any Content via the Site (such Content shall be referred to as “Your Content”), you further represent and warrant that:
You understand that we may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Except as otherwise provided in these Terms of Service, you understand and agree that Your Content will be treated as non-confidential and non-proprietary information.
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You will be responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees due with respect to your purchase of Products or Services. You also agree to pay for the shipping and handling charges, if any, shown at the time you make a purchase.
Some of our Products and/or Services may be available on a subscription basis. [By enrolling in subscription services, you agree to pay for a minimum of three consecutive months of service. For these Products and Services, your payment account will be automatically charged as described for that Product or Service. You may cancel a subscription thirty days before the next monthly processing date of your subscription (after your initial commitment has concluded) by contacting Nano Drops Rx at info@nanodropsrx.com with your cancellation request.
Nano Drops Rx is not enrolled with or otherwise acting as a participating provider in any federal or state healthcare programs (i.e., Medicare, Medicaid) or in any other health plan or third-party payor program. To the extent the Site indicates that the Providers are enrolled in such programs and the Services or Products they provide to you through the Site are “covered services” under such programs, you will be required to pay any co-pay or deductible amount as required by such programs, and Nano Drops Rx will facilitate collection of such covered amounts on behalf of the Providers. By agreeing to use the Site, you acknowledge and agree that you have the financial responsibility for all Services and Products provided to you.
We reserve the right to refuse any order you place with us or limit or cancel quantities in our sole discretion. If we make a change to or cancel an order, we may attempt to notify you by contacting you through your account or by using the contact information you provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Nano Drops Rx accepts payment from HSA/FSA accounts using credit or debit cards commonly associated with these types of accounts. Nano Drops Rx makes no warranty, expressed or implied, that your payment will be accepted by your HSA/FSA administrator as a valid expense for the account, depending on restrictions that may exist on your own HSA/FSA account. Nano Drops Rx will provide you with the receipts needed for submission to your account administrator and your Provider will provide a Letter of Medical Necessity if requested.
You acknowledge and understand that certain of Nano Drops Rx’ shareholders, directors, officers, employees, contractors or agents may have a financial interest in one or more third parties providing the Services or Products, and may profit from your use and/or the sale of such Services and Products.
Further, certain Content, Products and Services available on the Site may include materials from third parties. You understand and agree that Nano Drops Rx has no responsibility for the accuracy, suitability or reliability of such third-party Content.
Third-party links on the Site may direct you to a third-party website that is not affiliated with us (“Third-Party Site”). We are not responsible for examining or evaluating the content or accuracy of the information available on Third-Party Sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or information contained on a Third-Party Site, or for any other materials, products, or services of third parties.
You understand and agree that we will not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party. Please carefully review the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the applicable third party.
8a) Nano Drops Rx Intellectual Property
Subject to these Terms of Service, you are hereby granted a non-transferable, non-exclusive, limited, revocable license to use the software and access the Content provided to you through the Site. As between you and Nano Drops Rx, you understand and agree that all Content (except for Your Content) displayed on our Site, or otherwise used in any messages to you, is our exclusive property. Except as permitted herein, any use of the Content (except for Your Content), including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance is strictly prohibited.
8b) Your Content and Feedback
You grant us a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable and transferable right and license to Your Content to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute Your Content and/or incorporate Your Content into any form, medium or technology throughout the world without compensation to you. This license will survive the termination of these Terms of Service.
You understand and agree that any ideas, suggestions, knowhow, improvements, comments, or other feedback (collectively, “Feedback”) that you submit to us, whether by posting Your Content on our Site or through any other communication or means, will be the exclusive property of Nano Drops Rx. To the extent you own any rights in the Feedback, you agree to assign and hereby do assign to us all right, title and interest in and to the Feedback. You agree to perform all acts reasonably requested by us to perfect and enforce such rights.
Nano Drops Rx may terminate you access to the Site or any of the Services at any time and for any reason, including, without limitation, your breach of any of the Terms of Service. Upon termination, your access to the Site and the terminated Services will immediately cease but you will remain liable for all amounts due up to and including the date of termination (including amounts due for Products purchased prior to such termination). The disclaimers, limitations of liabilities, releases and waivers set forth in these Terms of Service shall survive any such termination.
You may also terminate these Terms of Service at any time by notifying us that you no longer wish to use the Site, or our Services, or when you cease using the Site or the Services.
ALL SERVICES, THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” NANO DROPS RX DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT. NANO DROPS RX DOES NOT WARRANT OR GUARANTEE THAT THE CONTENT, PRODUCTS, SERVICES OR THE SITE ARE OR WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THIS SITE, OR ANY OTHER SOFTWARE, TECHNOLOGY OR SERVERS USED IN THE DELIVERY OF THE SITE (AND ITS CONTENT), THE SERVICES ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT WHEN YOU VIEW, DOWNLOAD OR OTHERWISE OBTAIN CONTENT FROM OR THROUGH THE SITE, OR BY USING THE SERVICES OR A PRODUCT, YOU DO SO AT YOUR OWN RISK, AND THAT YOU WILL BE WHOLLY RESPONSIBLE FOR YOUR USE OF THE FOREGOING AND ANY LOSS OF DATA, DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR ANY OTHER HARM THAT MAY RESULT FROM SUCH USE. FURTHER, YOU UNDERSTAND THAT THE CONTENT AND OTHER INFORMATION AVAILABLE TO YOU AND THE TECHNOLOGY USED TO FORMULATE AND DELIVER SUCH CONTENT AND INFORMATION, MAY CONTAIN ERRORS, BUGS, PROBLEMS OR OTHER LIMITATIONS, AND THAT YOUR USE OF SUCH INFORMATION AND CONTENT IS AT YOUR OWN RISK AND SHOULD NOT RELY UPON IT WITHOUT VERIFICATION.
NANO DROPS RX, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, (COLLECTIVELY, THE “NANO DROPS RX PARTIES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, THE CONTENT, OR ANY OF THE SERVICES OR PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE NANO DROPS RX PARTIES SHALL NOT HAVE ANY LIABILITY, ON ANY LEGAL BASIS WHATSOEVER, TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, CONTENT, PRODUCTS AND SERVICES, EVEN IF THE NANO DROPS RX PARTIES WERE ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE NANO DROPS RX PARTIES’ LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID FOR PRODUCTS AND SERVICES IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE EVENT THAT IS THE BASIS FOR THE CLAIM.
(Some jurisdictions do not allow certain limitations or exclusions of damages, so some of the foregoing disclaimers and limitations may not apply to you).
YOU AGREE THAT YOU MUST BRING ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR CONTENT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
You agree to indemnify, defend and hold harmless the Nano Drops Rx Parties, Partell Pharmacy and Providers, from any and all third party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Site, or your breach of these Terms of Service (including any referenced policies of notices),or your violation of any law or the rights of a third party.
13.a) Generally. In the interest of resolving disputes between you and Nano Drops Rx in the most expedient and cost-effective manner, and except as described in Section XIII(B), you and Nano Drops Rx agree that every dispute arising in connection with these terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms. You understand and agree that, by entering into these terms, you and Nano Drops Rx are each waiving the right to a trial by jury or to participate in a class action.
13.b) Exceptions. Despite the provisions of section XIII(A), nothing in these terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
13.c) Arbitrator. Any arbitration between you and Nano Drops Rx will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its consumer arbitration rules – expedited (collectively, “AAA Rules”) as modified by these terms. The arbitration will be before a single arbitrator. The AAA rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Nano Drops Rx. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
13.d) Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Nano Drops Rx’ address for Notice is: 1633 W. Innovation Way 5F Lehi, UT. 84043. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Nano Drops Rx may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing.
13.e) Fees. If you commence arbitration in accordance with these Terms, Nano Drops Rx will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Nebraska, but if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non- appearance based telephone hearing; or (c) by an in-person hearing in Uta. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Nano Drops Rx for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
13.f) No Class Actions. YOU AND NANO DROPS RX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Nano Drops Rx agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
13.g) Enforceability. If Section 13(f) or the entirety of this Section 13 is found to be unenforceable, then the entirety of this Section 13 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 14 will govern any action arising out of or related to these terms.
These Terms of Service shall be governed by and construed in accordance with the laws of the Utah.
Nano Drops Rx respects your privacy. Please review our Privacy Policy for information regarding how we may collect, use and disclose your personal information. The Privacy Policy is hereby incorporated by reference into these Terms of Service.
In connection with your access or use the Services, including the Site, you hereby consent to receive electronic communications from us, the Providers, and the Pharmacy, whether through email or through the Site, or other electronic means. You hereby agree that such electronic communications will satisfy any legal requirement that such communications be in writing and are deemed to be given on the date transmitted to you.
Any use of third-party software (or associated third-party products or services) shall be governed by the applicable party’s license or terms of use, and not by these Terms of Service. In addition to this Agreement, your use of the Service and the Site (and the Content) must comply with all applicable third-party terms of use.
Except as expressly set forth herein (e.g., with respect to disclaimers and indemnification in favor of the Nano Drops Rx Parties and the Providers), the parties agree that there are no third-party beneficiaries of these Terms of Service.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
If In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service shall not create any partnership, joint venture, employment, or other agency relationship between you and Nano Drops Rx, the Providers or the Pharmacies.
These Terms of Service and any policies or operating rules referenced or posted by us on the Site constitutes the entire agreement and understanding between you and us and supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Nano Drops Rx may, in its sole discretion, transfer, its contractual rights and obligations set forth in these Terms of Service to any affiliate of Nano Drops Rx or to another third party if in the event that some or all of the nMed’s business is transferred to a third party by way of merger, sale of its assets or otherwise. You may not assign any of your rights hereunder, and any such attempt by you will be deemed null and void.
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
You may direct copyright infringement notifications to us at: info@nanodropsrx.com and Legal@nanodropsrx.com
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Questions about the Terms of Service should be sent to us by calling 445-446-6337, emailing us at info@nanodropsrx.com