Infinipharm Terms of Service

THESE TERMS OF SERVICE CONSTITUTE A BINDING CONTRACTUAL AGREEMENT ("AGREEMENT") BETWEEN THE WWW.INFINIPHARM.COM WEBSITE USER ("USER," "YOUR," OR "YOU") AND INFINIPHARM LLC, A IDAHO LIMITED LIABILITY COMPANY, AND ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AND AGENTS (COLLECTIVELY, "INFINIPHARM").

Welcome to www.infinipharm.com. The www.infinipharm.com website (the "Site") is comprised of web pages owned and operated by Infinipharm. Your use and access to the Site is conditioned on your full and unqualified acceptance of all terms, conditions, and notices contained within these Terms of Service and Privacy Policy (collectively, the "Terms"). Your access and use of the Site constitutes your consent to the Terms. By using or accessing the Site, you represent and acknowledge you have fully reviewed and understood the Terms.

Privacy

Your use of the Site is further subject to Infinipharm's Privacy Policy, which additionally governs Infinipharm's and the Site's user data collection practices, which are incorporated into these Terms.

Electronic Communications

Visiting the Site or sending emails to Infinipharm constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You may not allow any other person or party to have unauthorized access to your account, including any access that Infinipharm in its sole discretion may determine is a violation of these Terms. You acknowledge that Infinipharm is not responsible for third party access to your account that results from theft or misappropriation of your account, and waive any and all damages resulting from the unauthorized access of your account. Infinipharm reserves the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Children Under Thirteen

Infinipharm does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 13, you may use the Site only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Infinipharm. You agree Infinipharm is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Infinipharm is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Infinipharm of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Infinipharm may share such information and data with any third party with whom Infinipharm has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.

The Site has implemented Google's reCAPTCHA v3, the purpose of which is to fight spam and abuse on the Site. Your use of reCAPTCHA v3 is subject to the Google Privacy Policy and Terms of Use.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Infinipharm that you will not use the Site for any purpose that is unlawful or otherwise prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the sole property of Infinipharm or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

All modifications or improvements to the Site through your use or access, is the sole property of Infinipharm. You hereby assign in full any intellectual property rights to any such modifications or improvements to the Site you provide, upload, or create through the Site to Infinipharm.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Infinipharm content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use the Site solely for your personal use, and will make no other use of the Site without the express written permission of Infinipharm. You agree that you do not acquire any ownership rights in any portion of the Site or other content relating to the Site. No rights or licenses, express or implied, to the intellectual property of Infinipharm or the Site are authorized through these Terms.

Third Party Accounts

You may be able to connect your Infinipharm account to third party accounts. By connecting your Infinipharm account to a third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites).

International Users

The Site is controlled, operated and administered by Infinipharm from our offices within the United States of America ("USA"). If you access the Site or use Infinipharm's services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use or access the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Infinipharm, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or Infinipharm's services, any content posted by you, your violation of any Terms or this Agreement, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Infinipharm reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Infinipharm in asserting any available defenses.

Arbitration

In the event you and Infinipharm are not able to resolve any dispute relating to your use of the Site or Infinipharm's or these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association ("AAA"), to take place in Jerome County, Idaho, or other location selected by Infinipharm in which it has a place of business. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. Any and all disputes subject to this arbitration provision, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.

Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS AGAINST INFINIPHARM, WHETHER AS A MEMBER OR A CLASS REPRESENTATIVE. YOU FURTHER AGREE THAT YOU WILL NOT BRING ANY CLAIMS AGAINST INFINIPHARM EXCEPT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST INFINIPHARM. Further, unless Infinipharm gives its consent in writing through a subsequent written agreement signed by Infinipharm, claims by parties other than you may not be consolidated with your claims against Infinipharm into a single civil litigation or arbitration proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INFINIPHARM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

INFINIPHARM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. INFINIPHARM LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INFINIPHARM AND/OR ITS SUPPLIERS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, OR SHAREHOLDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INFINIPHARM LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO IMMEDIATELY AND PERMANENTLY DISCONTINUE USING THE SITE.

Termination/Access Restriction

Infinipharm reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof, at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Idaho and you hereby consent to the exclusive jurisdiction and venue of courts in Idaho in all disputes arising out of, or relating to, the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Infinipharm as a result of this Agreement or use of the Site. Infinipharm's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Infinipharm's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Infinipharm with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Infinipharm with respect to the Site and the Services offered by Infinipharm and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Infinipharm with respect to the Site, with the exception of paying customers of the Infinipharm telepharmacy web application, in which case any provisions provided in the documents titled "INFINIPHARM SERVICE AGREEMENT," "Business Associate Agreement," and any document titled exactly, or derivative of, "Service Request Form," supersede any provisions within these Terms. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish by you and Infinipharm that this Agreement be written in English.

Changes to Terms

Infinipharm reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Infinipharm encourages you to periodically review the Terms to stay informed of any updates. Your continued use of the Site after such amendments to this Agreement or the Terms by Infinipharm constitutes your unqualified consent and full agreement to any amendments by Infinipharm, or later amendments.

Contact Us

Infinipharm welcomes your questions or comments regarding this Agreement or the Terms. If you have questions or concerns about a breach of this Agreement or any of the Terms, or subsequent amendments, or any other comments or questions, please contact Infinipharm at:

Infinipharm, LLC
PO Box 702
Springville, Utah 84663

Email Address:
[email protected]

Updated: July 13, 2021