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Terms of Use

IMPORTANT: BY USING WEBSITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT USE WEBSITE.

 

 

No warranty.  You expressly acknowledge and agree that use of this website and any use of products or services purchased through this website is at your sole risk. To the maximum extent permitted by law, this website, and any products or services purchased through this website are provided "as is" and “as available”, with all faults and without warranty of any kind;  eagle pharmacy, llc (company) hereby disclaims all warranties and conditions with respect to use of this website and any products or services purchased through this website either express, implied or statutory, including, but not limited to, implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Company does not warrant your use of website will be without interference with your enjoyment, that the functions of this website will be uninterrupted, free from error, or that defects will be corrected. No oral or written information provided by company or its authorized representatives shall be construed as creating any warranty of any kind. In the event this website and any products or services purchased through this contain any defect of any kind, you are agreeing to assume the entire cost of all necessary servicing, repair or correction. In the event this warranty disclaimer is unenforceable for any reason, this provision shall be amended in a manner which bestows the greatest protection to company allowable by law.

Liability limitation. To the fullest extent allowable by law, company’s liability to you for damages related to the use of website or related to any products or services purchased through this website shall be limited to the amount paid to company by you for the cost of items directly related to any dispute. Notwithstanding the foregoing, to the fullest extent allowable by law company shall not  be liable for any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages, losses, arising out of or related to your use or inability this website or any products or services purchased through this website, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if company has been advised of the possibility of such damages. In the event this liability limitation is unenforceable for any reason, this provision shall be amended in a manner which bestows the greatest protection to company allowable by law. THE PARTIES EXPRESSLY AGREE AND ACKNOWLAGE THAT THE PURPOSE OF THIS LIABILITY LIMITATION IS TO SET IN ADVANCE THE RISKS BORNE BY EACH PARTY.

 

Indemnification. You expressly acknowledge and agree to defend, indemnify, and hold harmless company and its affiliated entities and all of their respective employees, agents, officers, shareholders, successors and assigns from and against any and all claims, proceeding, damages, injuries, liabilities, losses, costs, and expenses relating to or arising from any breach of this agreement by you.

 

Intellectual Property. You expressly acknowledge and agree this website contains information protected by copyrights, trademarks, trade secrets, and other proprietary interests. Except as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way information protected by copyright, trademark, and other proprietary interest, without obtaining permission of the owner of the copyright or other property right.

 

Prices. The price for an item listed on this website may be different from the price shown in your shopping cart, and it is possible a price increase or decrease may occur from the time an item is placed in your shopping cart and the time a purchase is made. You further acknowledge pricing and /or typographical mistakes may occur on occasion. In the event an item appears with an incorrect price, inaccurate product information, or inaccurate supplemental information Company reserves the right to cancel any transactions related to the item. Prices and availability are subject to change without notice.

 

Quantity. Company reserves the right to limit the number of items which you or your household may purchase through this Website. Quantity restrictions may be applied to orders using the same billing information or shipping address.

 

Risk of Loss. The risk of loss and title for all items purchased or otherwise obtained through the use of this Website pass to you upon Company’s delivery of the item to the carrier.

 

Age of User. You expressly acknowledge Company’s products and services are marketed for and directed towards purchase by adults or with the consent of adults. Persons under the age of eighteen (18) are not permitted to use this website without the supervision of a parent or legal guardian.

Health Care Conviction. By using this Website you are certifying you have not been convicted, indicted, or investigated in connection with any criminal or civil proceeding involving a felony or misdemeanor, related to the delivery of goods or services to a federal or state health care program. Additionally, by using this Website you are certifying you have not been convicted of a felony, under federal or state law, related to the unlawful manufacture, distribution, prescription, or dispensation of a controlled substance.

 

Use of Data. You agree Company may collect and use technical data and other information related to your use of this Website, your device, system and application software, and peripherals, and that such information may be gathered on an as needed basis to facilitate the provision of software updates, product support, services support, or for other purposes related to business activity of Company. Company may use such information to carry out any business activity which is allowable by law.

 

Entire Agreement.  This Agreement constitutes the entire agreement of the parties hereto pertaining to the subject matter hereof and supersedes all other prior agreements and understandings of the parties in connection therewith. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by or on behalf of each party hereto or as otherwise set forth in this Agreement.

Force Majeure.  Company shall not be deemed to have breached this Agreement delay failure to perform all or any obligation, including but not limited to services related to the practice of pharmacy, result from flood, blizzard, tropical weather event, earthquake, fire, or other acts of God, or war, strikes, slowdowns, labor unrest, riot, civil commotion, the public enemy, power failure, computer processing or data transmission delays or difficulties, delays or difficulties in obtaining supplies, materials, or in the performance of services provided by others, or other circumstances beyond its reasonable control, or by reason of a judgment, ruling, or order of any court, agency, or competent jurisdiction, or change of law or regulation occurring subsequent to assent to this Agreement.

Headings.  The headings, captions and sections contained in this Agreement are inserted for convenience only and shall not be used to interpret or construe any provisions of this Agreement.

Third Party Rights.  There is no intent by either party to create or establish a third-part beneficiary status or rights to any party.

Remedies Cumulative.  No remedy herein conferred is exclusive of any other available remedy; but each and every such remedy is cumulative and is in addition to every other remedy given by this Agreement or now or hereafter existing at law, in equity or by statute.

Waiver.  Company will not be deemed to have waived any rights under the Agreement unless the waiver is made in writing and signed by a duly authorized representative.  Company’s failure to exercise any right or remedy under the Agreement shall not operate as a waiver of a right or remedy.  A waiver by Company of a provision of the Agreement or warranty or representation set forth herein will not constitute a waiver of the breached provision, warranty or representation or any other provision, warranty or representation.

Change in Law.  In the event of any change in federal, state or local laws, rules or regulations, including any judicial or administrative interpretation thereof, which materially alters the rights, duties, obligations or cost of performance of either party under this Agreement, this Agreement shall be modified to retain the intent of the stricken provision and in the light most favorable to Company.

Governing Law; Forum Selection.  Disputes shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to that body of laws pertaining to conflict of laws.  Disputes arising out of or related to the relationship between the parties shall be brought in the County of Polk, State of Florida, both parties consent to the jurisdiction of tribunals located in County of Polk, State of Florida, and waive all objections to venue and jurisdiction within the forum. You hereby agree any claim must be brought IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Arbitration.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OTHER SERVICE PROVIDED TO YOU BY COMPANY MAY AT COMPANY’S SOLE DISCRETION BE RESOLVED THROUGH ARBITRATION. The American Arbitration Association Rules then in effect shall be used in any arbitration proceeding and a single arbitrator shall be appointed by the parties. In the event that a party initiates action to enforce its rights, the party prevailing on the dispute shall recover from the non-prevailing party its expenses, court costs, arbitration costs, including taxed and untaxed costs, and reasonable attorney’s fees.  All related expenses shall bear interest at a reasonable rate from the date the party prevailing on the dispute incurs the expense. Notwithstanding the foregoing, neither party shall be forced to assume expenses, court costs, arbitration costs, including taxed and untaxed costs, and reasonable attorney’s fees in an amount which would prevent either party from seeking resolution to a claim or dispute.

 

Eagle Pharmacy LLC Notice of Privacy Practices Effective Date: November 8th 2012

 

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. 

 

Eagle Pharmacy LLC is required by law to maintain the privacy of your health information, to follow the terms of this Notice, and to provide you with this notice of our legal duties and privacy practices with respect to your health information. We are required to follow the terms of the Notice that is currently in effect. A paper copy of this notice may be obtained from your Pharmacist upon request. 

 

How We May Use and Disclose Health Information About You 

 

Our pharmacy protects the privacy of your health information. For some activities, we must have your written authorization to use or disclose your health information. However the law permits us to use or disclose your health information for the following purposes without your authorization: For Treatment Information obtained by the Pharmacy will be used to dispense prescriptions to you. We may disclose health information about you to pharmacists and other persons who are involved in dispensing your prescription. For Payment we may use and disclose your health information so that your pharmacy services may be billed to, and payment may be collected from, you, an insurance company or a third party.  For Health Care Operations we may use and disclose health information about you for pharmacy operations. Unless you provide us with alternative instructions, we may send refill reminders and other material related to your health care to your home. We may contact you by phone to remind you of a refill or to inform you a prescription is ready for pickup. We may use information in your health record to evaluate the services our pharmacy provides, or to train our staff. These uses and disclosures are necessary to run the Pharmacy and make sure that you receive quality customer service.  As Required by Law We will disclose health information about you when required to do so by federal, state or local law. 

 

To Avert a Serious Threat to Health or Safety We may use and disclose health information about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat. 

 

Public Health Risks We may disclose health information about you for public health activities. These activities generally include the following: (1) to prevent or control disease, injury or disability; (2) to report reactions to medications or problems with products; (3) to notify people of recalls of products they may be using; (4) to notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition; and (5) to notify the appropriate government authority if we believe a person has been the victim of abuse, neglect or domestic violence (we will only make this disclosure if you agree or when required or authorized by law). 

 

For Health Oversight Activities We may disclose health information to a health oversight agency for activities authorized by law. These oversight activities, which are necessary for the government to monitor the health care system, include audits, investigations, inspections and licensure. 

 

Judicial and Administrative Procedures Subject to certain requirements if you are involved in a lawsuit or dispute we may disclose health information about you in response to a court order, administrative order, subpoena, discovery request or other lawful process. For Specific Government Functions Our pharmacy may disclose health information for the following specific government functions: (1) health information of military personnel, as required by military command authorities; (2) health information of inmates, to a correctional institution or law enforcement official, as necessary to protect health and safety; (3) in response to a request from law enforcement, if certain conditions are satisfied; (4) for national security reasons; and (5) as authorized by and to the extent necessary to comply with worker’s compensation and similar laws or programs. 

 

Research and Organ Donation We may disclose your information to researchers when their research has been approved by an institutional review board that has reviewed the research proposal and established protocols to ensure the privacy of your information. We may also disclose your information to organ procurement or similar organizations for purposes of donation or transplant. Coroners and Funeral Directors We may release your

information to a coroner or medical examiner as necessary, for example, to determine a person’s cause of death, we may also disclose your information to funeral directors consistent with applicable law to enable them to carry out their duties. 

 

Business Associates There are some services provided by Eagle Pharmacy LLC through contracts with business associates. We may disclose your information to our business associates so that they can perform the job we have asked them to do; however, we require them to appropriately safeguard our information. 

 

Communications with Caregivers and Relatives We may use or disclose your information to; (1) notify or assist in notifying a family member, personal representative, or caregiver regarding your location and general condition; (2) a family member, other relative, close personal friend, or any other person you identify as necessary for and directly relevant to that persons involvement in your care or payment related to your care, and (3) we may disclose health information to your family or friends if we can infer from the circumstances, based on our professional judgment that you would not object. For example, we may assume you agree to our disclosure of your personal health information to your spouse, when you bring your spouse with you to pickup prescriptions, meds or drop off prescriptions. 

 

When Eagle Pharmacy LLC May Not Use or Disclose Your Health Information 

We will not use or disclose your health information without your written authorization, except as described in this Notice. If you do authorize us to use or disclose your health information for another purpose, you may revoke your authorization in writing at any time. If your state law provides additional restrictions upon any of the foregoing uses and disclosures, we must follow your state law. 

 

You Have the Following Rights With Respect to Your Health Information You have the right to request restrictions on certain uses and disclosures of your health information. We are not required to agree to a restriction that you request. We cannot agree to limit the uses or disclosures of information that are required by law.  

 

You have the right to inspect and copy your health information as long as the Pharmacy maintains the health information. Simply submit a written request. We may charge you a fee for the costs of copying, mailing or other supplies that are necessary to grant your request. We may deny your request in certain limited circumstances. You have the right to request that we amend your health information that is incorrect or incomplete to request an amendment, submit a written request to the servicing pharmacy (form available from your pharmacist), along with the reason for the request. Eagle Pharmacy LLC is not required to amend health information that is accurate and complete. We will provide you with information about the procedure for addressing a disagreement with a denial. 

You have the right to receive an accounting of disclosures of your health information we have made after April 14, 2003 for purposes other than disclosures (1) for Eagle Pharmacy LLC treatment, payment or health care operations, (2) to you or based upon your authorization and (3) for certain government functions. To request an accounting, you must submit a formal written request to the store location providing services. You must specify the time period, which may not be longer than six years. You may request communications of your health information by alternative means or at alternative locations. For example, you may request that we contact you about health matters only in writing or at a different residence or post office box. To request confidential communication of your health information, you must submit a written request to the store location providing services. Your request must state how/when you would like to be contacted. We will accommodate all reasonable requests. 

 

lf you are a minor who has lawfully provided consent for treatment and you wish for the pharmacy to treat you as an adult for purposes of access to and disclosure of records related to such treatment, please notify the pharmacist. 

If you would like to exercise one or more of these rights, or seek further information, or are concerned that we have violated your privacy rights, contact the Eagle Pharmacy LLC Compliance Office, 350 Eagles Landing Dr., Lakeland, FL 33810, in writing, or call the office at 855-748-2663. You may also file a written complaint with the Secretary of the U.S. Department of Health and Human Services. Please contact our office to obtain the Secretary’s address. We will not take any action against you if you file a complaint with the Secretary or us.   

 

Changes to this Notice of Privacy Practices: We reserve the right to change this Notice, and such changes would be effective for health information we already have about you as well as any information we receive in the future. Any revised Notice will be posted in the Pharmacy, and a copy will be available to you upon request.

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