RIORICOPHARMACY.COM
Terms and Conditions of Use
COPYRIGHT AND TRADEMARK INFORMATION
Copyright ©2006 Rio Rico Pharmacy.,1103 Circulo Mercado, Rio
Rico, Arizona 85648. All rights reserved. We or our content providers
own all of the content on our web site, including text, customized
graphics, photographs, music, data, images, audio and video clips
and software. This property is protected by U.S. and international
copyright laws. In addition, the manner in which we have compiled,
arranged and assembled our content is protected by worldwide copyright
laws and treaty provisions.
Hypertext linking to this web site is permitted. However, Rio Rico
Pharmacy reserves the right to disable any link to any site that Rio
Rico Pharmacy believes contains scandalous, offensive, obscene, scurrilous
or inappropriate content or that, in the sole opinion of Rio Rico
Pharmacy adversely affects the goodwill of Rio Rico Pharmacy or any
trademark or service mark of Rio Rico Pharmacy or its subsidiaries.
Rio Rico Pharmacy expressly reserves all available legal rights and
remedies for any cause predicated on hypertext linking of this site
from any other site. "Framing" or any other use of this
site that serves to affect the identity of this site or the source
of the content of this site is prohibited.
You may use the content on our web site only for your own personal,
non-commercial shopping and information purposes. Copying, publishing,
broadcasting, modification, distribution, and transmission in any
way without the prior written consent of Rio Rico Pharmacy is strictly
prohibited. Rio Rico Pharmacy reserves title and full intellectual
property rights for materials downloaded or otherwise received from
this web site. We hereby grant you permission to download, print and
store selected portions of our content (as defined below). However
the copies must be for your own personal and non-commercial use, you
cannot copy or post the content on any network computer or broadcast
it in any media, and you cannot alter or modify the content in any
manner. You also may not delete or change any copyright or trademark
notices.
Rio Rico Pharmacy as well as other names, button icons, text, graphics,
logos, images, designs, titles, words or phrases, audio clips, page
headers and service names used on this web site are the trademarks,
service marks, trade names or other protected intellectual property
of Rio Rico Pharmacy or its subsidiaries. They may not be used in
connection with any third party products or services. All other brands
and names are the property of their owners.
NOTE ABOUT PRICING
Rio Rico Pharmacy makes every effort to provide accurate information
about products and their pricing on the web site. However, pricing
and/or typographical mistakes may, on rare occasions, appear on Rio
Rico Pharmacy. For this reason, Rio Rico Pharmacy cannot guarantee
the price of an item until after you have ordered it. In the event
an item appears with an incorrect price or with inaccurate product
information, Rio Rico Pharmacy reserves the right to cancel any orders
for the item. If an order you placed is cancelled due to mispricing,
Rio Rico Pharmacy will notify you of the cancellation. Prices and
availability are subject to change without notice.
NOTE ABOUT QUANTITY LIMITS
Rio Rico Pharmacy reserves the right to set quantity-per-order limits
on any and all items sold on Rio Rico Pharmacy. Rio Rico Pharmacy
may also limit the item quantity available to any single person or
household over a given period of time. These restrictions may be applied
to orders using the same credit card or billing or shipping address.
WARRANTY DISCLAIMER
WE PROVIDE CONTENT ON THIS WEB SITE AS A SERVICE TO YOU, OUR CUSTOMER.
OUR WEB SITE CANNOT, AND DOES NOT, CONTAIN INFORMATION ABOUT ALL MEDICAL
CONDITIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE
TO YOUR PERSONAL CIRCUMSTANCES. THE CONTENT IS NOT INTENDED FOR DIAGNOSIS
AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH YOUR
PHYSICIAN. THE CONTENT OF THIS WEB SITE, THE SERVER THAT MAKES IT
AVAILABLE, AND THE SERVICES AND PRODUCTS WE PROVIDE ON OUR WEB SITE,
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
Rio Rico Pharmacy EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES
(INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED OR
DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, AS
WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES.
TO THE FULL EXTENT NOT PRECLUDED BY
APPLICABLE LAW, Rio Rico Pharmacy., Rio Rico Pharmacy, THEIR MEDICAL
ADVISORS, SUPPLIERS, CONSULTANTS, DIRECTORS AND EMPLOYEES (COLLECTIVELY
THROUGHOUT, " Rio Rico Pharmacy ") DISCLAIM AND EXCLUDE
ALL WARRANTIES WITH RESPECT TO ALL SERVICES, INFORMATION AND/OR PRODUCTS
CONTAINED ON THIS WEB SITE, OR LINKED HERETO (COLLECTIVELY THROUGHOUT,
"CONTENT"), EXPRESS, IMPLIED OR STATUTORY. THIS DISCLAIMER
INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Rio Rico Pharmacy
DOES NOT WARRANT CONTENT TO BE ACCURATE, COMPLETE OR CURRENT. Rio
Rico Pharmacy DOES NOT WARRANT THAT ITS WEB SITE WILL OPERATE WITHOUT
ERROR, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER
MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PRICE AND AVAILABILITY CONTENT, AS WELL AS OTHER CONTENT CONTAINED
IN THE WEB SITE OR ACCESSIBLE THEREFROM, IS SUBJECT TO CHANGE WITHOUT
NOTICE.
THE Rio Rico Pharmacy WEB SITE INCLUDES CONTENT PROVIDED BY THIRD
PARTIES AND YOU, OUR CUSTOMER. Rio Rico Pharmacy IS A DISTRIBUTOR
OF SUCH CONTENT AND NOT ITS PUBLISHER. Rio Rico Pharmacy EDITORIAL
CONTROL OF SUCH CONTENT IS THE SAME AS THAT OF A PUBLIC LIBRARY OR
NEWSSTAND. OUR THIRD PARTY SUPPLIERS MAY EXPRESS CERTAIN OPINIONS
OR PROVIDE CERTAIN INFORMATION AND OFFERS. Rio Rico Pharmacy MAKES
NO WARRANTIES AS TO THE COMPLETENESS, ACCURACY, TIMELINESS, OR RELIABILITY
OF INFORMATION OR OFFERS SUPPLIED BY THIRD PARTIES AND PUBLISHED BY
Rio Rico Pharmacy. WALGREENS DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE
OF ANY THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE TO
ANY LAW, RULE, REGULATION OR POLICY.
Rio Rico Pharmacy DOES NOT WARRANT THAT INFORMATION, SERVICES, AND
PRODUCTS CONTAINED IN THIS WEB SITE WILL SATISFY YOUR REQUIREMENTS
OR THAT THEY ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU
SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT
PACKAGING. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS
AND LEGALITY OF ANY INFORMATION YOU SUPPLY Rio Rico Pharmacy. THIS
WEB SITE IS OPERATED IN THE STATE OF Arizona, UNITED STATES OF AMERICA
AND Rio Rico Pharmacy MAKES NO WARRANTY OR REPRESENTATION THAT CONTENT
IS APPLICABLE OR APPROPRIATE FOR USE IN OTHER LOCATIONS.
Rio Rico Pharmacy RESERVES THE RIGHT TO LIMIT QUANTITIES ON ALL ITEMS.
EACH ADVERTISED ITEM MUST BE READILY AVAILABLE FOR SALE, UNLESS SPECIFICALLY
NOTED ON Rio Rico Pharmacy. Rio Rico Pharmacy WILL NOT ISSUE A RAIN
CHECK OR PLACE A BACKORDER FOR ITEMS THAT ARE OUT OF STOCK.
BY YOUR USE OF THIS WEB SITE, YOU
ACKNOWLEDGE THAT SUCH USE IS AT YOUR SOLE RISK, INCLUDING RESPONSIBILITY
FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF
ANY EQUIPMENT YOU USE IN CONNECTION WITH THIS WEB SITE.
AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR WEB SITE AND USE OF
ITS CONTENT, YOU AGREE THAT Rio Rico Pharmacy IS NOT LIABLE TO YOU
IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS
OR NONACTIONS IN RELIANCE UPON THE CONTENT. YOU ALSO AGREE THAT THE
AGGREGATE LIABILITY OF Rio Rico Pharmacy ARISING FROM OR RELATED TO
YOUR USE AND ACCESS, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR
EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL
MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS), IS LIMITED
TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM Rio Rico Pharmacy
IN THE APPLICABLE TRANSACTION. Rio Rico Pharmacy SHALL NOT IN ANY
CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES EVEN IF Rio Rico Pharmacy HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION
OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF
YOU ARE DISSATISFIED WITH OUR WEB SITE OR ITS CONTENT (INCLUDING TERMS
OF USE), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR
WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH
LIMITATION MAY NOT BE APPLICABLE TO YOU.
MODIFICATION OF TERMS
Rio Rico Pharmacy reserves the right to amend these Terms and the
additional Terms here below at any time, for any reason, and without
notice, including the right to terminate the Service or any part of
the Service. Any amendments or modifications made by Rio Rico Pharmacy
will be prospective only.
ENTIRE AGREEMENT, VENUE AND CHOICE OF LAW
These Terms, including the additional Terms relating to Rio Rico Pharmacy
here below, constitute the entire agreement between you and Rio Rico
Pharmacy governing your use of Rio Rico Pharmacy. These Terms may
be changed or updated at any time at the sole discretion of Rio Rico
Pharmacy. In the case of inconsistencies between these Terms and any
information included in off-line materials (for example, promotional
materials and mailers), these Terms will always control. You may also
be subject to additional terms and conditions that may apply when
you use services of other parties affiliated with Rio Rico Pharmacy
third-party content, or third-party software.
This Agreement shall be governed by and construed in accordance with
the laws of the State of Arizona, without regard to choice of law
rules. Any litigation arising out of or in connection with these web
sites shall be exclusively in state or federal courts located in Santa
Cruz County, Arizona.
If any part of this Agreement is ruled to be unenforceable, then such
part shall be eliminated or limited to the minimum extent necessary.
The remainder of the Agreement, including any revised portion, shall
remain and be in full force and effect.
The failure of Rio Rico Pharmacy. to exercise or enforce any Term
will not constitute a waiver of such Term. Regardless of any statute
or law to the contrary, any claim or cause of action arising out of
or related to the Service or these Terms will be filed within one
year after such claim or cause of action arose, or be forever barred
NO RESALE OF SERVICE
You will not (i) reproduce, duplicate, copy, sell, resell or exploit
any part of the Service, or (ii) use or access the Service for any
commercial purpose.
THIRD PARTY SOFTWARE
As a convenience to Members, Rio Rico Pharmacy may make third-party
software available through the Service. To use the third-party software,
you will agree to the terms and conditions imposed by the third party
provider. The agreement to use such software will be solely between
you and the third party provider. Rio Rico Pharmacy does not guarantee
that any software downloaded through the Service will be free of viruses,
worms, or Trojan horses or other forms of corruptive code. Rio Rico
Pharmacy makes no representations or warranties concerning, and is
not liable or responsible in any manner for, the performance, effectiveness
or any other aspect of any third-party software downloaded through
the Service.
COPYRIGHT
As a condition to your Membership, you hereby grant Rio Rico Pharmacy
and the Rio Rico Pharmacy Site Host (presently Digital Amigo) a perpetual,
universal, non-exclusive, royalty-free right to copy, display, modify,
transmit, make derivative works of and distribute your Content, solely
for the purpose of providing the Service. As a condition to Membership,
you represent and warrant to Rio Rico Pharmacy and the Site Host that
you either own your Content or have written permission from the copyright
owner to make such Content available to the Service.
The Service is protected by U.S. and international copyright laws
and by other applicable laws. You may not Process any Content without
the written consent of the owner of such Content. You are solely responsible
for any copyright violations that you may incur as a result of your
activities on the Service.
If you believe that your work or the work of another has been copied
in a way that constitutes copyright infringement, Rio Rico Pharmacy
has a process in place to respond to your concerns. Rio Rico Pharmacy
will take appropriate steps, at the sole discretion of Rio Rico Pharmacy,
to protect the intellectual property rights of third parties if it
receives notice in accordance with the provisions required by the
Digital Millennium Copyright Act, as follows:
If you believe your copyright or the copyright of another has been
infringed on the Service, please provide the Law Department of Rio
Rico Pharmacy with a written notice containing the following information:
1. a description and copy of the copyrighted work that you claim has
been infringed;
2. a description of where the material that you claim is infringing
is located on the site;
3. your address, telephone number, and email address;
4. 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;
5. a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf; and
6. the physical signature of the person authorized to act on behalf
of the owner of the copyright interest on the document(s) comprising
4 and 5 here above and notarized.
INDEMNITY
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS Rio Rico Pharmacy, INCLUDING
ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS,
INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY " Rio Rico Pharmacy
") FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS,
INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION
OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING
NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING
THE SERVICE USING YOUR ACCOUNT.
LIMITED WARRANTY
(A) No Liability for Content IN NO EVENT WILL Rio Rico Pharmacy OR
THE SITE HOST BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT
OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE
ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT,
OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
(B) Exclusive Remedy ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
(C) Disclaimer EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE
EXTENT PERMITTED UNDER APPLICABLE LAW, Rio Rico Pharmacy AND THE SITE
HOST EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Rio
Rico Pharmacy AND THE SITE HOST MAKE NO WARRANTY THAT (I) THE SITE
OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE, (II) THE SITE OR SERVICE ARE OR WILL BE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE OR SITE
WILL MEET YOUR REQUIREMENTS. Rio Rico Pharmacy MAKES NO WARRANTIES
OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE
PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SITE OR THAT ARE ADVERTISED
ON THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(D) Remedies. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES
SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, Rio Rico Pharmacy WILL
HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY,
TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY
DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR
LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING
WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES
TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii)
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv)
THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH
VARY FROM STATE TO STATE.
TERMINATION
Rio Rico Pharmacy may, in its sole discretion, terminate your Membership
(or any part thereof) or your use of the Service, and remove and discard
any Content at any time, without notice, for any reason, including,
but not limited to: (i) conduct that violates these Terms or other
policies or guidelines set forth by Rio Rico Pharmacy elsewhere on
the Site, (ii) conduct Rio Rico Pharmacy believes is harmful to other
Rio Rico Pharmacy.com users, the business of Rio Rico Pharmacy or
the Site Host, or (iii) failure to continue Active Participation in
the Service. Neither Rio Rico Pharmacy nor the Site Host will be liable
to you or any third-party for any termination of your access to the
Service or discarding Content.
January 2006
