Privacy Policy

InHealth Specialty Privacy Policy, Terms and Conditions and Email & Text Preferences

Last modified: November 27, 2024

Introduction

Pharmacare, Inc. d/b/a InHealth Specialty Pharmacy (“InHealth,” “we,” “us,” or “our”) has been building relationships with our customers based on respect and integrity. We appreciate the trust and confidence you place in us when you visit us at inhealthcompounding.com (“Website”) and when you do business with us (collectively our “Services”).

Your privacy is important to us. Please read this InHealth Specialty Pharmacy Privacy Policy/Terms and Conditions/Email & Text Preferences (collectively our “Policy”) page to learn about the information that InHealth collects from you and how InHealth uses that information.

By accessing or using this Website, you agree to this Policy. This Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates. 

How We Collect Information About You

We collect several types of information from and about users of our Services, including information: By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline (“Personal Information”); That is about you but individually does not identify you, such as advertising pixels or cookies; and/or about your internet connection, the equipment you use to access our Website, and usage details. 

We collect this information:

Directly from you when you provide it to us.

Information You Provide to Us:

You may provide us with Personal Information in several ways, such as when you: Provide information to us via our websites, applications, and other digital channels by signing up, creating accounts (including using social media login), filling out forms, commenting, or otherwise engaging with our online services. Sign up for SMS text promotions; Communicate with us by e-mail or phone; Subscribe to e-mails and/or newsletters; Report a problem or request support for any of our Services; Buy merchandise from us online at inhealthcompounding.com; Interact with our social media accounts; and Participate in our contests, promotions, sweepstakes, or surveys. You also may provide information to be published or displayed (hereinafter, “Posted”) on public areas of the Website or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. 

Information We Collect Through Automatic Data Collection Technologies 

InHealth does not collect information through automatic collection technologies.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. The third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see “Choices About How We Use and Disclose Your Information”. 

How We Use Your Information

SMS consent and phone numbers for the purpose of SMS are not shared with third parties or affiliates for marketing purposes. We use information that we collect about you or that you provide to us, including any Personal Information: To provide the Services to you. To present our Website and its contents to you. To provide you with information, products, or services that you request from us. To fulfill any other purpose for which you provide it. To provide you with notices about your account and/or subscription, including expiration and renewal notices. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. In any other way we may describe when you provide the information. For any other purpose with your consent. If you do not want us to use your information in this way, you can opt-out by using the Unsubscribe link in the email you receive or by contacting us at pharmacy@inhealthrx.net. For more information, see “Choices About How We Use and Disclose Your Information.”

Disclosure of Your Information

We do not intentionally share your data with third parties. However, third parties that are necessary to operate our website or the applications within our website have access to some of your data. All third parties, to the best of our knowledge, are HIPAA-compliant and do not share your information with others. See further details below in “Choices About How We Use and Disclose Your Information.

Categories of Information Shared 

The following are categories of information that may be shared. In subsequent updates to this Policy, this information may be removed. Personal and online identifiers (such as first and last name, email address, phone number, usernames or unique online identifiers, IDFA, AAID); Financial Account Information (such as credit card numbers, bank account information, PayPal account information); Customer Profile Information (such as race, gender, age range, income range, ad demographics); Transactional Information; Personal health information; Non-Precise Geolocation Information (such as zip or area code, state, country); Precise Geolocation Information (such as home or billing address or latitude and longitude); Inferences drawn from the above information about your predicted characteristics and preferences; and Other information about you that is linked to the Personal Information above

With Whom We Share Your Personal Information

We may share your Personal Information with selected third parties including: business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you in order to provide you with a product or service; We contractually require these third parties to keep Personal Information confidential and use it only for the purposes for which we disclose it to them; and analytics and search engine providers that assist us in the improvement and optimization of the Service. If we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation in accordance with HIPAA; in order to enforce or apply our Terms & Conditions and other agreements; and with your prior consent

Choices About How We Use and Disclose Your Information 

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

Promotional Email Offers from InHealth.

If you do not wish to have your email address and/or contact information used by InHealth to promote our own or third parties' products or services, you can opt-out by using the Unsubscribe link in the email you receive or by contacting us at pharmacy@inhealthrx.net. If we have sent you a promotional email, you may send us email at pharmacy@inhealthrx.net asking to be omitted from future email distributions, or you can follow the instructions in any email communication we send. This opt-out does not apply to information provided to InHealth as a result of a product purchase, warranty registration, product service experience, or other transactions.

Promotional SMS/Text Offers from InHealth Specialty Pharmacy.

You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. These text messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages. To the extent you voluntarily opt to have text notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving those messages at any time by replying STOP in response to receiving a text message. To opt out of targeted advertising, you may use the following links provided by third parties that manage opt outs for some ad networks: http://preferences-mgr.truste.com, http://www.networkadvertising.org/managing/opt_out.asp, http://www.aboutads.info/, https://policies.google.com/privacy/partners. Some states grant you certain rights and control over your information. We may ask you for verification of residency and/or domicile before allowing you to exercise those rights.

Accessing, Correcting, and Deleting Your Information

Some states also grant you additional rights regarding accessing, correcting, and deleting Personal Information. You can review and change your Personal Information by logging into the Website and visiting your account profile page.You may also send us an email at pharmacy@inhealthrx.net to request access to, correct, or delete some Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms & Conditions below

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information, such as the right to opt-out. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by clicking on the Do Not Sell or Share My Personal Information link on our Website or by emailing us at pharmacy@inhealthrx.net.

Your Colorado Privacy Rights

If you are a Colorado resident, Colorado law may provide you with additional rights regarding our use of your Personal Information, such as the right to opt-out. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by clicking on the Do Not Sell or Share My Personal Information link on our Website or by emailing us at pharmacy@inhealthrx.net.

Your Connecticut Privacy Rights 

If you are a Connecticut resident, Connecticut law may provide you with additional rights regarding our use of your Personal Information, such as the right to opt-out. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by clicking on the Do Not Sell or Share My Personal Information link on our Website or by emailing us at pharmacy@inhealthrx.net. Your Virginia Privacy Rights If you are a Virginia resident, Virginia law may provide you with additional rights regarding our use of your Personal Information, such as the right to opt-out. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by clicking on the Do Not Sell or Share My Personal Information link on our Website or by emailing us at pharmacy@inhealthrx.net.

Adult Use Only 

Our Website is not intended for individuals under 18 years of age. No one under age 18 may provide any Personal Information to or on the Website. We do not knowingly collect Personal Information from individuals under 18. If you are under 18, do not use or provide any information on this Website or through any of its features; do not register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received Personal Information from a person under 18 we will delete that information. If you believe we might have any information from or about a person under 18, please contact us at pharmacy@inhealthrx.net.

Data Security 

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website

Changes to Our Privacy Policy 

We reserve the right to update this Policy from time to time. Any updates we may make to our Policy will be posted on this page, and we may also provide a website notice of any material changes for a reasonable period of time. When we do, we will revise the “last revised” date at the top of this Policy. Please check back frequently to see any updates or changes to our Policy. If you do not agree or consent to these updates or changes, do not continue to use the Services.

Contact Information

If you have any remaining questions about how we treat your privacy, just let us know. You can contact us by:

Calling us at: 701-365-6050 Emailing us at: pharmacy@inhealthrx.net

Mailing us at: InHealth Specialty Pharmacy, 2345 25th St. S. Ste. C, Fargo, ND 58103 

How do I remove my name from your email lists?

If you wish to no longer receive emails from InHealth and want to unsubscribe, you will find a link at the bottom of our emails which allows you to do so. By clicking on ‘Update Email Preference’ you can either choose to adjust the specific emails you’d like to receive or select unsubscribe from all email communications. You may also call our pharmacy at 701-365-6050. Our representatives are available to answer your calls from M-F 9am-530pm CST. 

How do I sign up for text messages?

To sign up to receive our exclusive offers, new product alerts, and more simply fill out the contact forum on our website: https://www.inhealthcompounding.com/contact-701-365-6050 

How do I unsubscribe from SMS and text messages?

To stop receiving text messages from our company at any time, you can opt out of the service via text message. To unsubscribe, text the word STOP to 7013656050 or text STOP in a reply text message to any of the text messages you have received from us. In response, you will receive a one-time opt out confirmation text message. After completing one of the two options provided above, you will no longer receive text messages from our company.

Terms & Conditions

Last Modified: November 27, 2024 Acceptance of the Terms and Conditionsundefined

These Terms and Conditions are entered into by and between You and Pharmacare Inc. dba InHealth Specialty Pharmacy (collectively the “Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms and Conditions”), govern your access to and use of surlatable.com, including any content, functionality and services offered on or through surlatable.com (the “Website”), whether as a guest or a registered user, or any other time you interact with us in any of our customer channels. undefined Please read the Terms and Conditions carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and Conditions and our Website Privacy Policy, found above incorporated herein by reference. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Website.

Eligibility 

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Terms of Sale

Prices and Payment Terms

Prices posted on this Website may be different than prices offered by us in our retail stores, through mobile applications, or via advertising and marketing channels of any nature whatsoever, including direct and third-party advertising and marketing. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions atany time and to cancel any orders arising from such occurrences.

Shipments/Delivery

You shall pay for all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. These may differ from the amounts we actually incur from any carrier. We are not liable for any delays in shipments.

Returns and Refunds

Prescription medications can not be returned or refunded by law. Other purchases made through our webse may be refunded provided such purchase was made within the previous 30 days and the product or service was not damaged in any way. You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. Refunds are processed within approximately 10 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS WEBSITE AS NON-RETURNABLE OR FINAL SALE.

For defective returns, please refer to the manufacturer's warranty included with the product or as detailed in the product's description on our Website.

Goods Not for Resale or Export 

You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

Additional Terms 

Some of our services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a service, we will make them availablefor you to read through your use of that service. By using that ervice, you agree to the Additional Terms. All such Additional Terms are hereby incorporated by this reference into these Terms and Conditions.

Intellectual Property Rights 

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, media, displays, images, video and audio, and the design, selection and arrangement thereof, and other content available on the Website), and our trademarks, logos and brand elements are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The look and feel of the Website and services are copyright © InHealth Specialty Pharmacy. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from the Company. These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you may take such actions as are enabled by such features.You must not: Modify copies of any materials from this site. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.You must not access, or use for any commercial purposes, any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: pharmacy@inhealthrx.net. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.undefined

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website: In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms and Conditions. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing). To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability. Additionally, you agree not to: Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent. Use any device, software or routine that interferes with the proper working of the Website. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper work of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms and Conditions. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contributionon the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.undefinedYou represent and warrant that: You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. All your User Contributions do and will comply with these Terms and Conditions. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Content Standards These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms and Conditions and our Privacy Policy. Be likely to deceive any person. Promote any illegal activity, or advocate, promote or assist in any unlawful act. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

Impersonate any person or misrepresent your identity or affiliation with any person or organization. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to the Copyright Agent at: InHealth Specialty Pharmacy, 2345 25th St. S. Ste. C, Fargo, ND 58103 email: pharmacy@inhealthrx.net. It is the policy of the Company to terminate the user accounts of repeat infringers. Please include the following information in your notice: Your address, telephone number, and email address. A description of the copyrighted work that you claim has been infringed. A description of where the alleged infringing material is located. A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

Changes to the Website 

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under noobligation to update such material.

Privacy All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. This Website may provide certain social media features that enable you to: Link from your own or certain third-party websites to certain content on this Website. Send e-mails or other communications with certain content, or links to certain content, on this Website. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: Establish a link from any website that is not owned by you. Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. Link to any part of the Website other than the homepage. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms andConditions.The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms and Conditions. You agree to cooperate with us in immediately ceasing any unauthorized framing or linking. We reserve the right to withdraw permission to link without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions for such websites.

Text Messaging Terms and Conditions 

To the extent that we offer various text messaging services (“SMS Service”), and if you sign up or agree to participate in any such services, these Terms and Conditions and our Privacy Policy apply to such programs. Signing Up and Opting-In to the SMS Service Enrollment in the SMS Service requires you to provide your mobile phone number. Please only provide your own mobile phone number. You may not enroll if you are under 18 years old. Text messages may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further messages from us at any time (see details below). For help, reply HELP to any text message you receive from us or email pharmacy@inhealthrx.net. Text message services are provided on an “AS IS” basis. Data obtained from you in connection with any text message services may include your mobile phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you equest from us. For more information on how we use telephone numbers, please read our Privacy Policy above. Message and Data Rates May Apply In addition to any fee of which you are notified, your mobile provider’smessage and data rates may apply to our confirmation text message and all subsequent text message correspondence according to your individual rate plan provided by your wireless carrier (e.g., T-Mobile, AT&T, etc.). Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledgethat you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the SMS Service. Under no circumstances will we or our affiliates be responsible for any text messaging or wireless charges incurred by you or by a person who has access to your wireless device or telephone number. The SMS Service may not be available on all wireless carriers. If your wireless carrier does not permit text messages, you may not receive the text messages. The Company may add or remove any wireless carrier from the SMS Service at any time without notice. Customers may opt out of the SMS Service at any time (see details below). Neither the Company nor the wireless carriers will be responsible for any undue delays or errors in messages, as delivery is subject to effective transmission from your network operator. We do our best to be accurate and to process the orders on time.To Stop the SMS ServiceTo stop receiving text messages from the Company at any time, you can opt out of the Service via text message. To stop receiving text messages from the Company, text the word STOP to 7013656050 or text STOP in a reply text message to any of the text messages you have received from the Company. In response, you will receive a one-time opt out confirmation text message. After that, you will receive no more text messages from the Company.

Mobile Phone Number Change In the event that you change or deactivate the mobile phone number you have provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account by texting START to resubscribe to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you. Any new phone number(s) you attach to your account may receive our standard marketing text messages unless you also opt out via the procedure detailed above.

Termination 

We reserve the right to not provide the Website or services to any person. We also reserve the right to terminate any user’s right to access the Website or services at any time, in our discretion. If you violate any of these Terms and Conditions, your permission to use the Website and services automatically terminates.

Disclaimer of Warranties 

You understand that we cannot and do not guarantee or warrant that filesavailable for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, AND THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

Limitation on Liability 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSEDBY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

You understand and agree that we have set our prices and entered into these Terms and Conditions with you in reliance upon the limitations of iability set forth in these Terms and Conditions, which allocate risk between us and form the basis of a bargain between the parties.

Indemnification 

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, proceedings, demands, losses, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees and legal costs) of any kind or nature, arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms and Conditions , or your use of any information obtained from the Website. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Arbitration

Except as set forth below, you and we agree that we will resolve all disputes, whether asserted or unasserted, accrued or unaccrued, and present or future, between us (including any such disputes between you and a third-party agent of ours, and any disputes that arose prior to your acceptance of these Terms) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below). Before pursuing a Claim in arbitration, you and we must participate in an informal dispute resolution process in an attempt to resolve our dispute. Informal dispute resolution processes are favored by courts and arbitration providers to minimize the costs of litigation and to facilitate the expedient resolution of disputes. Before filing any demand for arbitration or initiating an action in court, you must complete the informal dispute resolution process .You will be required to provide InHealth with your name, your email address (which must be the email address associated with your account with us, if applicable), your phone number, your mailing address, a detailed description of your dispute, the specific relief you seek, and your personal signature verifying the accuracy of your submission. If we initiate a dispute, we will also be required to contact you at the email address associated with your account with us and to provide a detailed description of our dispute and the specific relief we seek. We each agree that we consent to receive such notifications, and that either party may communicate directly with the other in an effort to satisfy orresolve any dispute, including by communicating any offers or demands. Once you or we initiate the informal dispute resolution process, you or we will have sixty (60) days to attempt to resolve our dispute. During that time, you or we may not initiate proceedings in arbitration or court. Also during that time, the party receiving the notice of dispute may demand an informal dispute resolution conference via telephone or video conference, which may also be attended by counsel for both sides. You and we will each be required to personally participate in this conference in a good-faith attempt to resolve our dispute. You and we agree that failure to participate in the informal dispute resolution process, including the conference at the receiving party’s election, will constitute a material breach of these Terms of Service, and that noClaim may be submitted to arbitration or other adjudicatory proceedings if this term is breached. You and we agree that if a party attempts to submit a Claim to an arbitrator or judge without having participated in this informal dispute resolution process, the breaching party shall be liable to the other for the party’s actual fees and costs in responding to the breach. This informal dispute resolution process, including the conference at the receiving party’s election, must be individualized, meaning that only a single person’s claim will be addressed during any one conference. All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third party agent of ours (each a “Claim”), if not resolved by the informal dispute resolution process and individualized conference, shall be submitted for binding arbitration in accordance with the JAMS’s Rules. Any demands for arbitration and subsequent arbitration filings must comply with the standard set forth in Federal Rule of Civil Procedure 11 by the party making the submission or the party’s counsel, if applicable. In evaluating these demands or filings, the arbitrator, including any process administrator, if applicable, shall issue the sanctions that would be imposed under Rule 11 if its standard were violated. For Claims where the amount in ontroversy is less than $75,000, we will follow JAMS’s Streamlined Arbitration Rules in effect as of the date the informal dispute resolution process commences. For Claims where the amount in controversy is greater than or equal to $75,000, we will follow JAMS’s Comprehensive Arbitration Rules, in effect as of the date the informal dispute resolution process commences.undefinedIn all cases, notwithstanding any other provision of these Terms of Service or JAMS’s Rules to the contrary, if 25 or more similar demands or arbitration are filed by the same or coordinated counsel within a 60-day period or otherwise close in proximity, we will follow JAMS’s Mass Arbitration Procedures and Guidelines, including JAMS’s mass arbitration fee schedule, in effect as of the date the informal dispute resolution process commences, subject to the following modifications. First, when a mass arbitration commences (which determination shall be made pursuant to JAMS’s Mass Arbitration Procedures and Guidelines as modified by this Arbitration Agreement), the parties will first engage in a bellwether arbitration process. Bellwether proceedings are modeled on the MDL process in federal court and are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be submitted to an individual arbitrator by the process administrator. All other claims shall be held in abeyance. This means that the individual filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration in the mass arbitration, the filing fees (together with any arbitrator consideration of the otherdemands) will be in abeyance, and neither you nor we will be required to pay any such filing fees. You and we also agree that neither you nor we shall be deemed to be in breach of this Arbitration Agreement for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Second, following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims comprising the mass arbitration (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the parties are unable to resolve the outstanding claims during the Global Mediation, the remaining claims shall proceed individually pursuant to JAMS’s Mass Arbitration Procedures and Guidelines and associated fee schedule, including that only a single filing fee and arbitrator appointment fee shall be assessed for each arbitrator, even if that arbitrator hears multiple individual cases. Youand we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the bellwether and global mediation process. In the event of a conflict between this Arbitration Agreement and JAMS’sMass Arbitration Procedures and Guidelines, this Arbitration Agreement governs. In the event of a conflict between this Arbitration Agreement or JAMS’s Mass Arbitration Procedures and Guidelines on the one hand, and JAMS’s Consumer Arbitration Minimum Standards on the other, this Arbitration Agreement or JAMS’s Mass Arbitration Procedures and Guidelines govern ove the Consumer Arbitration Minimum Standards, unlesswe waive the conflict to allow JAMS to administer the arbitration. Should JAMS refuse to administer the arbitration or be unavailable to administer it, the arbitration will be heard by the AAA. For Claims where the amount in controversy is less than $75,000, we will follow AAA’s Consumer Arbitration Rules in effect as of the date the informal dispute resolution process commences. For Claims where the amount in controversy is greater than or equal to $75,000, we will follow AAA’s Commercial Arbitration Rules, in effect as of the date the informal dispute resolution process commences. If a mass arbitration commences pursuant to the conditions described above, we will follow AAA’s Mass Arbitration Supplementary Rules and fee schedule in effect as of the date the informal dispute resolution process commences, subject to the modifications described above. This Arbitration Agreement governs to the extent it conflicts with any rule of the AAA. If neither JAMS nor AAA can administer the arbitration, including because they are not able to administer the arbitration(s) consistent with the rules, procedures, and terms of this arbitration agreement, including those regarding mass arbitrations, the parties will select an alternative arbitral forum, with comparable fees and procedures for mass arbitrations, if applicable. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask acourt of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5 that is able to administer the arbitration(s) consistent withthe rules, procedures, and terms of this arbitration agreement, including those regarding mass arbitrations, if applicable. If no such arbitration provider is available, the dispute shall be resolved in state or federal court in North Dakota. The arbitration will be heard and determined by a single arbitrator, subject to the provision above for mass arbitrations. The arbitrator, and not a court, shall determine any question of arbitrability of any claim and any question involving the scope of any arbitration. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable. Any questions notesolved by, and not in conflict with, the Federal Arbitration Act and federal law, shall be decided under the substantive law of North Dakota. The initiating party must pay all filing fees that the arbitration provider requires to be paid by the initiating party. Your and our responsibility to pay other administrative and arbitrator fees and costs will also be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims or filings are frivolous. If a claim or filing is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, filing, and/or other fees incurred as a result of the frivolous claim or filing. The arbitration provider may also impose such obligation on the claimant’s attorneys if it determines they are responsible for the frivolous claim or filing. If you meet the standard for proceeding in forma pauperis in federal court, North Dakota state court, or the courts of your state of residence, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer thearbitration without your payment of said fees, we will pay the filing fees for you. This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competentjurisdiction for provisional relief, including pre-arbitral attachmentsor preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms. Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated, except as described in the mass arbitration provision above or pursuant to the arbitration provider’s mass arbitration rules. For further avoidance of doubt, no batching, consolidation, or otherwise grouping of the Demands or claims in Mass Arbitration is permitted without the express written consent of both parties. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including sanctions, subject to any applicable limitation of liability, including injunctive and declaratory relief, as if the actionwere brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court, which that party shall be permitted topursue in the appropriate court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicatedin arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” Including a claim for “public injunctive relief” in any complaint shall not deprive the arbitrator of any right to hear and adjudicate all other claims in arbitration In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with us. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. Any adjudicator, whether in court or in arbitration, shall sever as little as is necessary to make this Agreement valid and enforceable. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded ina writing signed by the party waiving such a right or requirement. Sucha waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with us. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANYFORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE JAMS STANDARDS, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN OURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Other Provisions

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.These Terms and Conditions will be governed by and construed in accordance with the laws of the State of North Dakota, without giving effect to any conflict of laws rules or provisions. Any action to compel arbitration, or challenging the enforceability or applicability of the arbitration provisions herein, must be filed in the federal or state courts of North Dakota. Any action filed in any other court shall be transferred to, or dismissed without prejudice for refiling only in, the federal or state courts of North Dakota, after removal to the appropriate federal court, if applicable, for determination by the North Dakota federal or state court as to whether the action should be stayed pending, or otherwise referred to, arbitration. Any claims that are not referred to arbitration must be adjudicated exclusively in the federal or state courts of North Dakota. For such claims, the federal and state courts of North Dakota shall have exclusive personal jurisdiction and venue over you and us, and you and we waive any objection based on inconvenient forum. If either party files suit in any court other than the federal or state courts of North Dakota, in deciding whether to transfer or dismiss the action, or otherwise give effect to this provision, the court shall apply the standard set forth in Atlantic Marine Construction Co. v. U.S.District Court for the Western District of Texas, 571 U.S. 49 (2013). The parties also agree that transfer or dismissal cannot be denied based on inconvenience to the parties, piecemeal adjudication of the claims, a risk of inconsistent findings of law or fact, the presence of other parties who are not party to these terms, or any other private or public considerations. You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services, not subject to the arbitration provision above, will be filed only in the state or federal courts located in North Dakota. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action. If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future.We may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Your Comments and Concerns 

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Changes to the Terms and Conditions

We may revise and update these Terms and Conditions from time to time inour sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected and agree to check this page each time you visit the Website so you are aware of any changes, as they are binding on you.

Terms and Conditions Summary

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