State Pharmacy (SP) Digital Services Terms of Use

Agreement to Terms of Use

Your access to the State Pharmacy (“SP”) mobile applications and website (“SP Digital Services”) is subject to the SP Pharmacy Privacy Policy,  HIPAA Privacy, and these Terms of Use.

BY USING SP DIGITAL SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE SP DIGITAL SERVICES.

SP may change, modify, add or remove portions of these Terms of Use, at any time. You should periodically check these Terms of Use for changes. Your continued use of SP Digital Services following the posting of any changes to these Terms of Use will mean that you accept and agree to such changes. As long as you comply with these Terms of Use, state pharmacy grants you a personal, non-exclusive, non-transferable, limited privilege to access and use SP Digital Services.

Content

All information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”), including but not limited to the selection, coordination, arrangement and enhancement of such Content, contained on SP Digital Services is owned, controlled or licensed by or to SP, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of SP Digital Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without SP’s express prior written consent.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.

Health-Related Content

Any health-related Content residing on State pharmacy Digital Services describes general principles of health care that should not be construed as specific instructions for individual patients. It is not intended as a substitute for a consultation with your physician, and should not be used to diagnose or treat a health problem without consulting your physician. It is for reference only and should not be used to determine treatment for specific medical conditions—only a health care provider can do that. SP Digital Services and their health-related information and resources are not intended and must not be taken as the rendering of medical, nursing or professional health care advice or services, or the practice of medicine, nursing or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin or supplement discussed on this Digital Experience.

You understand and agree that in no event will SP be liable for any decision made or action taken in reliance on the information contained on, or accessible through, the SP Digital Services. Reliance on any information provided by, or otherwise appearing on, the SP Digital Services is solely at your own risk.

Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a new diet, fitness or supplement regimen. If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately.

Links to Third Party Sites

SP Digital Services may contain links to other independent third-party web sites. SP provides these links for your reference only. SP does not control these web sites, and SP is not responsible for, and does not endorse, their content and resources or any services offered through such third-party web sites.

Privacy

Please review our Privacy Policy which also applies to your use of SP Digital Services.

Electronic Communications

When you use SP Digital Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices within the SP Digital Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Telephone Counseling Waiver

By accepting these terms you indicate that you do not wish to be contacted by telephone for medication counseling. You will be able to contact a licensed pharmacist at any time to ask questions about your medications via telephone or text message at (619) 292-8508, e-mail info@statepharmacy.com, or live chat in SP’s services.

SP may from time to time contact you via telephone without your prior consent at its sole discretion.

Your Conduct

You must be at least 18 years of age to use SP Digital Services. You agree not to interrupt or attempt to interrupt SP Digital Services’ operation or any other person’s use of SP Digital Services in any way. Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other user to enjoy SP Digital Services will not be permitted, including by means of hacking or defacing any portion of SP Digital Services, or by engaging in password “mining,” spamming, flooding or other disruptive activities.

You may not use State Pharmacy Digital Services or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SP or others. You are prohibited from posting on or transmitting through SP Digital Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent or racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of SP Digital Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of SP Digital Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through SP Digital Services.

SP reserves the right to terminate or suspend your access to and use of SP Digital Services without notice, if we believe, in our sole discretion, that it is in violation of these Terms of Use or any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party.

Accounts, Passwords and Security

Certain information or services offered on or through SP Digital Services may require you to create an account (including setting up a User ID and password). You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access SP Digital Services using your account or User ID. SP cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

For your account, you agree to provide true, accurate, current and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of State pharmacy Digital Services. Because any termination of your access to SP Digital Services may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or SP Digital Services. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or SP Digital Services.

By using SP Digital Services, you also acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Digital Experience may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Your account Information and certain other information about you is subject to our Privacy Policy

Wireless Phone Policy

By providing your wireless phone number to SP, you expressly consent to SP calling you at this phone number—in person or through an automated system.

Disclaimers

SP DOES NOT PROMISE THAT SP DIGITAL SERVICES OR ANY CONTENT, SERVICE OR FEATURE THEREOF WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF SP DIGITAL SERVICES WILL PROVIDE SPECIFIC RESULTS. SP DIGITAL SERVICES AND CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. SP CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

SP DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE INFORMATION, SERVICES, PRODUCTS, MATERIALS AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THIS DIGITAL EXPERIENCE, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

SP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE DIGITAL EXPERIENCE AND/OR ANY SP SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE DIGITAL EXPERIENCE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SP FOR DISSATISFACTION WITH THE DIGITAL EXPERIENCE OR ANY CONTENT IS TO STOP USING THE DIGITAL EXPERIENCE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of or use, whether for breach of contract, tort, negligence or any other cause of action.

SP reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to SP Digital Services, or any portion of thereof, for any reason; (ii) to modify or change the SP Digital Services, or any portion of thereof, and any applicable policies or terms; and (iii) to interrupt the operation of the SP Digital Services, or any portion of thereof, as necessary to perform routine or non-routine maintenance, error correction or other changes.

Limitations of Liability

IN NO EVENT WILL SP BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE SP DIGITAL SERVICES, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SP DIGITAL SERVICES (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ON SP DIGITAL SERVICES; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SP DIGITAL SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE DIGITAL EXPERIENCE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF SP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU.

If, notwithstanding the other provisions of these Terms of Use, SP is found to be liable to you, any liability on the part of SP will not exceed the fees paid by the user for the particular information or service provided. SP is not liable for the unauthorized use of our Content by any other web sites.

Indemnification

You agree to indemnify and hold SP , its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against SP by any third party due to or arising out of or in connection to your violation of these Terms of Use, or with your use of this Digital Experience.

Governing Law; Choice of Forum; Dispute Resolution

If any part of these Terms of use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms of Use, all of which remain in full force and effect. You agree that all matters, including all disputes, relating to your access to or use of SP information or services or of the Digital Experience, including its Contents, will be governed by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts for New York County, New York, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between SP and you arising out of or in connection with your access to or use of SP information or SP Digital Services, including its Contents, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Feedback and Information

SP welcomes your feedback. Any feedback you provide through SP Digital Services will be deemed to be non-confidential. SP will be free to use such information on an unrestricted basis.

Copyright Infringement Complaints

SP respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on SP Digital Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

3. identification of the URL or other specific location on the Digital Experience where the material that you claim is infringing is located;

4. your address, telephone number and e-mail address;

5. 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;

6. 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.

Our agent for notice of claims of copyright infringement on the Site can be reached by mail as follows:

SP

20 W 36th St
New York, NY 10018
Attn: Copyright Agent

General Information

SP may elect to monitor areas of SP Digital Services by electronic or other means and may disclose any Content, records, Submissions or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate SP Digital Services; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors or merchants. We are not responsible for screening, policing, editing or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from SP Digital Services.

SP’s failure to insist upon strict performance of any provision of these Terms of Use and policies will not be construed as an implicit waiver of any provision or right. These Terms of Use and policies constitute the entire agreement between you and SP governing your use of SP Digital Services. As stated above, your use of this site is also subject to our Privacy Policy

Questions or Additional Information

Email: info@statepharmacy.com

Mailing Address:

20 W 36th St
New York, NY 10018

Customer Support: (619) 292-8508

The information contained in this web site is subject to change without notice. Copyright 2019 SP Corporation. All rights reserved.

Last updated on January 20, 2021