Terms of Use

Terms of Use 2017-11-21T23:05:40+00:00

Last Updated: October 24, 2017

These Terms of Use (“Terms”) govern your access to and use of this web site (“Site”), made available to you by Pet Health Pharmacy, Inc. (“PHP,” “we,” “us,” or “our”).

By accessing or using the Site, you (“you”) agree that you have read and understand these Terms, our Privacy Policy, and our Notice of Privacy Practices. If you do not agree with these Terms or our Privacy Policy, do not access or use the Site.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Site or otherwise communicated to you.

NO MEDICAL ADVICE: This Site should not be used for urgent health care matters. If you are experiencing an urgent health care matter or otherwise need immediate medical attention, please contact your health care provider or call 911. The educational information and other content available on the Site, including any information on bioidentical hormone use, is provided for informational purposes only and should not be used to diagnose or treat any specific medical condition. Neither the Site nor PHP is a substitute for proper medical advice, diagnosis, or treatment from a licensed health care provider. Any information provided should be discussed with your health care provider.

1. Privacy Policy  

We may collect certain information from your use of the Site as described in our Privacy Policy, which is incorporated into these Terms by this reference. Your use of the Site constitutes your consent to the information collection, use, and sharing as described in our Privacy Policy.

2. Intellectual Property Rights  

The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of PHP or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to PHP or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. The Site incorporates integrations between the Site and certain Google products and services. As a result, pursuant to applicable Google Maps/Google Earth APIs Terms of Service, both the Google Maps/Google Earth APIs Terms of Service and the Google Privacy Policy are incorporated into this Agreement.

Copyright © 2017 Pet Health Pharmacy, Inc. All rights reserved.

3. Use of the Site; Compliance with Laws

  • You may download and print one copy of the Site’s visible content for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices.
  • You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without the prior written consent of PHP. You may not use the Site for unlawful purposes. You may not access, use, or copy any portion of the Site or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render the Site or associated services inoperable or to make their use more difficult are prohibited. You may not submit inaccurate information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of PHP.
  • You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Site.

4. Your Account; Our Mobile App

Use of certain features, functions, and services via the Site or our mobile app require you to register for an online account with PHP. All use of your account is governed by our Account Terms. You may also access your PHP account using our mobile app. All use of our mobile app is governed by our End User License Agreement.

5. Product Availability

The prices and availability of products made available through the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your order, as applicable. Availability of products may be limited and products may not be available for immediate delivery. Some products and services may not be available in certain areas.

6. Resume Submissions

The Site may allow you to upload a resume and apply for employment at PHP. You will not upload a resume for any person other than yourself. You warrant that all information contained in any resume you provide is current, accurate, and complete. Your upload of a resume does not in any way require PHP to review that resume or consider you for employment. Employment opportunity listings and descriptions on the Site are subject to change at our sole discretion without notice.

7. NO WARRANTY

THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. PHP MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL DATA, INFORMATION, AND MATERIAL ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY CAN BE GUARANTEED. PHP DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE. PHP DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. PHP IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. PHP HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.

YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM PHP OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.

8. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL PHP, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SITE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF PHP HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL PHP’S LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

9. Data Security and the Internet

PHP uses industry-standard efforts and has established reasonable security protocols and procedures to safeguard the confidentiality of the information that you submit in connection with the use of the Site. With regard to your Protected Health Information, as that term is defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”), these protocols and procedures include compliance with HIPAA.

10. References to Third Parties; Third-Party Web Sites

The Site contains references to third parties and third-party content, for example, names of practitioners who have used PHP’s services, names of laboratories that may be able to assist in identifying hormone deficiencies or excesses, and references to books and other resources. Those references and content are provided as a convenience and PHP does not warrant or endorse any such third parties or third-party content. Additionally, the Site may link to, or be linked to, web sites not maintained or controlled by PHP. Those links are provided as a convenience and PHP is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party web site or any products or services made available through those web sites. Please take care when leaving the Site to visit a third-party web site. You should read the terms of use and privacy policy for each web site that you visit.

11. Linking to the Site

If you operate a web site and are interested in linking to the Site: (i) the link must be a text-only link and clearly marked; (ii) the link must “point” to the URL “http://pethealthpharmacy.com//” and not to any other page; (iii) the link and its use must be in connection with a web site of appropriate subject matter; (iv) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with PHP’s names and trademarks; (v) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by PHP; and (vi) the link, when activated by a user, must display the Site full-screen and not within a “frame.” PHP reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.

12. Feedback

PHP welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

13. Disputes

These Terms are governed by the laws of the state of Wisconsin, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Dane County, Wisconsin, with respect to any dispute arising under these Terms unless otherwise determined by PHP in its sole discretion and the parties expressly agree to the exclusive jurisdiction of those courts. The United Nations Convention for the International Sale of Goods does not apply. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises.

14. Assignment

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.

15. Third-Party Beneficiaries

These Terms do not confer any rights, remedies, or benefits upon any person other than you and PHP, except that our affiliates are third-party beneficiaries of these Terms.

16. Interpretation

These Terms, including our Privacy Policy, and, as applicable, our Account Terms, are the entire agreement between you and PHP with respect to your access to and use of the Site. PHP’s failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by PHP. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be considered severable from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of PHP’s successors and assigns.

17. Survival

Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to the Site.

18. Electronic Communications

These Terms and any other documentation, agreements, notices, or communications between you and PHP may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

19. Contact Us

Please direct any questions and concerns regarding these Terms to us by email at info@womensinternational.com, by telephone at 800.279.5708, or by mail at Women’s International Pharmacy, Inc., 2 Marsh Court, Madison, Wisconsin 53718.