Website Terms of Use

Last Updated:  March 31, 2023

Acceptance of the Terms of Use

By accessing or using adelaideapothecary.com (this “Website”), which is owned and operated by Adelaide Apothecary, LLC and its Affiliates (“Adelaide,” “we,” “us” or “our”), or otherwise obtaining the Services we provide (including through a referral from a third-party), you agree that you have read, understand, and agree to be bound by these Terms of Use, as they may be amended from time to time. “Services” means both the Website and those online products and services we provide, including all underlying technology. “You” means any individual or entity who uses the Website or accesses the Services; if you use it as an employee or agent for someone else, “you” means both the person using it and their principal. “Affiliates” means any entity controlling, controlled by, or under common control with Adelaide Apothecary, LLC, and for the purposes of this definition, “control” shall mean the ownership, directly or indirectly, in excess of 50% of the voting interest in, or the power to direct the management of any such entity.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. Unless prohibited by law, all changes are effective immediately when we post them, and apply to all access to and use of the Website or Services thereafter. Your continued use of the Website or Services following the posting of revised Terms of Use and your receipt of legally required notice of such changes means that you accept and agree to the changes.

Your Privacy

By using our Services you acknowledge that any information you share with Adelaide will be handled in accordance with our Privacy Notice, as well as our Notice of Privacy Practices, which describes how your protected health information may be used and disclosed and how you can get access to this information. When you use or access the Services, you authorize us to automatically collect information about you and your use of the Services and to use, transmit, process, and store that information in accordance with our Privacy Notice and our Notice of Privacy Practices. Please review these Notices prior to using the Services.

Prohibited Uses

The Website is primarily provided for use by members of the health care community, and our existing or potential customers and their representatives for general informational and educational purposes. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the Website solely for your own use and solely for informational and educational purposes, or merely to inquire about Adelaide products. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • For your own profit-making or other purposes.
  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

You also agree not to extract data from the Website (including by “scraping” or other methods) and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any intellectual property obtained from the Website (except as allowed under any additional contract you enter into with us).

Disclaimers

You acknowledge and agree that:

  • While we aim to provide the latest information relating to our products and services on this Website, we do not warrant the accuracy or suitability of such information. Each person accessing or using this Website (or other linked Website) assumes full responsibility and all risks arising from such use. The information presented may inadvertently include technical inaccuracies or typographical or factual errors.
  • Adelaide reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
  • Adelaide makes no representation and gives no warranty in relation to the information on this Website. TO THE FULLEST EXTENT PERMITTED BY LAW, ADELAIDE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIED, WHETHER BY LAW, CONTRACT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, IN RELATION TO ANY PRODUCT OR SERVICES OR THE WEBSITE, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR INFRINGEMENT OF ANY THIRD PARTY RIGHTS.
  • Adelaide is not responsible or liable, and provides no warranty whatsoever, for the accuracy of any information on this Website obtained from or posted by any third party, including, without limitation, any information accessed through any third party sites that may be linked to this Website.
  • Products listed are available only by prescription.

Intellectual Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Adelaide, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.

Trademarks

The Adelaide name and the Adelaide logo and all related names, logos, product and service names, designs, and slogans are trademarks of Adelaide or its affiliates or licensors. The use of such marks is strictly prohibited. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

No Medical Advice

The information provided on this Website is intended for general and informational purposes only, and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should ask your healthcare provider about any medical condition. Do not disregard professional medical advice or delay seeking it because of something you have read on this Website! If you think you may have a medical emergency, call your healthcare provider or 911 immediately. It is important that no medical or other professional decisions should be made without first consulting a personal physician or other applicable professional. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Notice.

Health-Related Content

Please carefully review product information and package inserts regarding dosage, warnings, interactions, and other information before administering or using any device, drug, herb, vitamin, or supplement received through any Adelaide Service. For other health-related content provided we try to be as accurate as possible, however such content is for reference only and describes general principles of health care and are not specific instructions for individual patients. If you have any questions about health-related content, please contact us at 1-859-909-8520 or your prescriber. Certain uses of products discussed herein may not have been approved by the Food and Drug Administration.

Payment Terms & Eligibility

Adelaide Apothecary accepts payment by credit card, debit card, Flex Spending Account, or Health Savings Account. Adelaide Apothecary will not accept or process any third-party payment for product dispensed including through commercial insurance, Medicare, Medicaid, VA, DoD, TRICARE, or any other federal or state healthcare program. You agree not to submit this prescription for reimbursement to any third party payor including commercial insurance, Medicare, Medicaid, VA, DoD, TRICARE, or any other federal or state healthcare program.

You may not be eligible to purchase certain products from us if you are a beneficiary of Medicare, Medicaid, VA, DoD, TRICARE, or any other federal or state healthcare programs (including any state pharmaceutical assistance programs) or private indemnity or HMO insurance plans that reimburse you for the entire cost of your prescription drugs.

By redeeming this offer, you understand and agree to comply with the terms of this offer.

Consent to Communications

By providing us with your contact information, you consent to receive from Adelaide Apothecary prescription-related information, account and billing information, marketing messages and other information about Adelaide Apothecary products and services on a recurring basis, including but not limited to through text messaging and e-mail. In some instances, federal law requires that we obtain for your specific authorization before we can use your health information to send you marketing communications. In those situations, we will ask for your authorization in accordance with federal law and our Notice of Privacy Practices. You understand there are risks associated with sending and receiving protected health information electronically, that such electronic communications may not be secure, and that I can opt out at any time.

Consent to Electronic Disclosures

You agree that Adelaide may send the following to you by posting them on the Website or providing them to me through e-mail in connection with Services you receive: these Terms, including legal disclosures; future changes to these Terms; our Privacy Notice; our Notice of Privacy Practices; and other notices, legal communications or disclosures and information related to the Service (the "Communications"). You consent to receive these Communications electronically. Your consent to conduct actions electronically and our agreement to do so covers all actions you conduct through the Website.

Pharmacy Refunds & Returns

It is against federal law for pharmacies to accept returned medications from patients. Once a prescription is dispensed by the pharmacy, the order is final and cannot be returned or refunded. If you have questions or concerns regarding your prescription, please call Customer Service at 1-833-920-2104 to assist. Adelaide reserves the right to change our returns policy at any time.

Compliance with Laws

In connection with your use of this Website and access to the Services, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.

International Use

The Website and Services, including the information provided on the Website, are designed for and intended for users in the United States. We make no representation that the Website or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Website and Services from territories where the content is illegal is prohibited. If you choose to access the Website and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

You may not use this Website for any Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Adelaide Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

Limitation of Liability

IN NO CIRCUMSTANCES WILL ADELAIDE, ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT), CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS WEBSITE AND/OR ANY INFORMATION, EVEN IF ADELAIDE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE OR ANY THIRD PARTY WEBSITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Neither Adelaide, its affiliates, licensors, or service providers guarantee the sequence, accuracy, or completeness of any information or content on this or any other website and will not be liable in any way to you or anyone else who may use the information or content to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby.

Indemnification

You agree to defend, indemnify, and hold harmless Adelaide, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Termination

We reserve the right to terminate or suspend your access to and use of the Website, or parts of the Website, without notice, if we believe, in our sole discretion, that it is in violation of any applicable law, a violation of these Terms of Use, or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third party partners, affiliates, sponsors, providers, licensors, or merchants. All restrictions, disclaimers and limitations of liability by us will survive termination.

Governing Law

The use of our Website and these Terms of Use, regardless of your location, are governed solely by and construed solely in accordance with, the laws of the State of North Carolina. If you are a resident of the United States, you hereby submit to the exclusive jurisdiction of the state and federal courts located in Raleigh, North Carolina.

Waiver and Severability

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use, which will continue in full force and effect.

Your Comments and Concerns

This Website is operated by Adelaide Apothecary, LLC. Please send any feedback, comments, requests for technical support, and other communications relating to the Website to: contact@adelaideapothecary.com.