Terms and Conditions
Welcome to Seven Cells Pharmacy’s web site (this “Site”) that is offered for your use subject to your acceptance, without modification, of the following terms and conditions (these “Terms and Conditions”). Please read them carefully. Your use of this site constitutes your agreement to these Terms and Conditions.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. This Site, the online technological platform, and related Applications are for non-emergency use only.
THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
This Site and related technologies are offered only to users eighteen (18) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who have accepted these Terms and Conditions. By visiting, accessing, registering with or using this Site, or by purchasing or using any products or services through this Site, you represent and warrant to Seven Cells that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with and using this Site and for purchasing any products or services through this Site, and you may only use them for lawful purposes.
Purformance Wellness Pharmacy, LLC, d/b/a Seven Cells Pharmacy (“Seven Cells”) owns this Site. We also own or license the services and products available on this Site, the images, text, information, and other content presented on this Site, and all of the related software and technology (collectively, the “Content”). You may not use this Site or copy, modify, adapt, upload, download, transmit, distribute, display, perform, publish, license, create derivative works from, transfer, sell, decompile, or reverse engineer any of the Content except as expressly permitted by these Terms and Conditions.
Copyright and Trademark Notices
“Seven Cells Pharmacy” and other names and designations of Seven Cell’s Pharmacy or any of its products or services referenced on this Site are each service marks or trademarks (or registered service marks or trademarks) of Seven Cells. Other company names and other product or service names or designations referenced on this Site may be the service marks or trademarks (or registered service marks or trademarks) of their respective owners.
Use of Site (General)
You may use this Site only for your own personal, lawful, non-commercial purposes. As a condition to your use of this Site, you represent and warrant that you will not use this Site or any of the Content in violation of any applicable law, in connection with any commercial or “for profit” enterprise, or in any other manner that would conflict with these Terms and Conditions.
Access to certain services on this Site is limited to our members (i.e., persons who have provided us with the user information requested in our registration form). You represent and warrant that you will take all reasonable precautions to preserve the confidentiality of your personal login information and to prevent its unauthorized use. You acknowledge and agree that you will be responsible for all fees, charges, duties, taxes, and other amounts that may be imposed with respect to the use of this Site by you or by any other person using your personal login information. You are responsible for all activity that occurs under your Seven Cells user account and are prohibited from authorizing or allowing any third party to access or use your user account. Accordingly, you should take all steps necessary to safeguard your user account access or log-in information. You should also ensure that all the information in your user account is updated in a timely fashion and is current and correct. If you suspect that your user account has been compromised, you shall immediately notify Seven Cells for security purposes.
At any time, we may, in our exclusive discretion and without notice, terminate, suspend, or restrict your access to this Site or any of its components. In particular, and without limitation, your use of this Site in violation of any of these Terms and Conditions may result in the termination of your membership and/or access to this Site, as well as the taking of legal action against you.
Links To Other Sites
Portions of this Site may provide hyperlinks, framing or other “click-thru” access to sites owned and operated by persons other than Seven Cells (“Third-Party Sites”). The availability of click-thru access to Third Party Sites is not intended to create or imply any affiliation between us and the owners or operators of any Third Party Site, or any sponsorship by us of any Third Party Site or its owners or operators. You acknowledge that these Terms and Conditions contain no representation, warranty, or endorsement by us of any Third Party Site or any of the products, services, information, or other content available on that site.
Your use of any Third Party Site will be governed by the terms and conditions posted on that site. Your rights and obligations with respect to any of the products, services, information, or other content of that site will be determined by those terms and conditions.
With respect to any design, idea, concept, suggestion, or other information you communicate to us, electronically, telephonically, in writing or otherwise (“Submissions”), you automatically, and without further action, grant to Seven Cells a royalty-free, perpetual, irrevocable, non-exclusive, world-wide license to use, reproduce, publish, display, distribute, transmit, transfer, modify, adapt, perform, license, sell, create derivative works from, decompile, disassemble, and reverse engineer that Submission, or any part of that Submission, in whole or in part, for any purpose, and in any form, medium, or technology.
You understand that Seven Cells shall have the unencumbered right to access and use, and to allow its respective agents, employees, representatives, contractors, and vendors to access and use, the information in your Seven Cells user account in order to facilitate the exercise and performance of Seven Cell’s rights and obligations under these Terms and Conditions, or the operation of this Site (including, without limitation, payments, and communications).
Disclaimer of Representations and Warranties
THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS.” SEVEN CELLS DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THIS SITE, ANY OTHER SITE TO WHICH THIS SITE PROVIDES CLICK-THRU ACCESS, INCLUDING THIRD PARTY SITES, OR THEIR RESPECTIVE CONTENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SEVEN CELLS DISCLAIMS ANY IMPLIED REPRESENTATION OR WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THIS SITE, ANY SITE TO WHICH THIS SITE PROVIDES CLICK-THRU ACCESS, INCLUDING THIRD PARTY SITES, OR ANY OF THEIR RESPECTIVE CONTENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
Disclaimer of Liability
IN NO EVENT WILL SEVEN CELLS BE LIABLE UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND ARISING IN CONNECTION WITH THE USE OF THIS SITE OR ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS, EVEN IF SEVEN CELLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SEVEN CELLS WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH: (1) THE DENIAL OR INTERRUPTION OF ACCESS TO THIS SITE, ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS, OR ANY OF THEIR RESPECTIVE COMPONENTS, (2) ANY INACCURACIES IN ANY OF THE INFORMATION DISPLAYED ON THIS SITE OR ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS, (3) THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE PURCHASED ON THIS SITE OR ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS, INCLUDING ANY DEFECT IN ANY SUCH PRODUCT OR SERVICE, OR (4) ANY OTHER USE OF THIS SITE, ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
If, notwithstanding the foregoing, Seven Cells or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of this site or its content, as described herein, the liability of Seven Cells and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this site or (b) $100.00 (US), whichever is lower.
You shall defend and indemnify Seven Cells and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Site.
Governing Law, Jurisdiction, Venue
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to the principles of conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction and venue of any state or federal court located in Martin County in the State of Florida, United States of America, with respect to all disputes arising out of or relating to the use of this Site or these Terms and Conditions. Your use of this Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms and Conditions, including, but not limited to, the provisions of this paragraph.
Additional Rights and Restrictions
(1) You may not assign, transfer, subcontract, or delegate any of your rights, duties, or obligations under these Terms and Conditions. (2) We reserve all rights relating to this Site or the Content not expressly granted to Seven Cells by these Terms and Conditions. (3) If any provision of these Terms and Conditions is determined to be invalid or unenforceable, 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 will not affect the validity or enforceability of any of the remaining provisions of these Terms and Conditions. (4) No waiver by Seven Cells of any provision hereof, and no failure by Seven Cells to exercise any of its rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by the CEO of Seven Cells. (5) Seven Cells may at any time, in its exclusive discretion and without notice, make additions, deletions, or other modifications to, or suspend or terminate access to, this Site or any other Content. (6) The headings used in these Terms and Conditions are for convenience only and will in no way affect the scope or construction of any provision hereof.
Modification and Acceptance of Terms and Conditions
You acknowledge that your use of this Site constitutes your acceptance of and agreement to abide by these Terms and Conditions. These Terms and Conditions may be modified by Seven Cells at any time, without prior notice, upon posting of the entire amended and restated Terms and Conditions on this Site. Your continued use of this Site following any such modification will constitute your acceptance of such modifications.