Terms of Service
This Terms of Use governs your relationship with Pharm Techs Only! LLC (also “Pharm Techs Only,” “we,” “our,” or “us”). By accessing or using our website at www.pharmtechsonly.com and all other websites, newsletters, social media pages, apps, or other electronic channels owned and maintained by Pharm Techs Only (collectively, the “Website”) and by using any of our informational, social networking, and job posting services for pharmacy technicians and companies that employ them worldwide (“Services”) described on the website (collectively, the “Content”), you agree to these Terms of Use.
1. Accuracy of Website Content
All Website Content is intended for informational and educational purposes only. While the Content is believed by us to be honest and accurate, we and our third-party providers of Content do not guarantee the accuracy, completeness, usefulness, or timeliness of the Content on the Website. We do not endorse nor have any responsibility for any Content on the Website by anyone other than our authorized employees or spokespersons while acting in their official capacities.
The Content on the Website should never be relied upon as the sole basis for making any decisions to purchase products or services from Pharm Techs Only. We and our third-party providers, affiliates, agents, and licensors will not be liable for any purchase decisions made based on the Content and/or the Website. Any reliance on the Content is at your own risk, and you assume any and all risks associated with your purchase decisions.
We and our third-party providers, affiliates, agents, and licensors may be active investors in businesses related to or mentioned on this Website and may or may not have open investment positions in those businesses. You assume any and all risk associated with your purchase decisions irrespective of whether we or our third-party providers, affiliates, agents, or licensors hold positions in products mentioned on the Website.
2. Copyright and Trademarks
Pharm Techs Only respects copyright and other proprietary laws and expects you to do the same. We reserve the right to terminate your access to the Website or Services if you repeatedly infringe or are reasonably believed to have been repeatedly infringing the rights of copyright or other proprietary rights holders by way of the Website or Services.
Without limiting any other language in these Terms, you acknowledge and agree that the Website, Services, and Content are protected by copyright laws, trademark laws, other laws of the United States, and laws of other countries. Without limiting any other language in these Terms, you acknowledge and agree that the Website, Services, and Content, which includes all associated proprietary rights, are the exclusive property of Pharm Techs Only and our licensors. You further acknowledge and agree that all trademarks appearing on the Website, Services, and Content are owned by us or the third party that provides it. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary right notices incorporated in or accompanying the Website, Services, or Content.
No Content from the Website or Services may be captured, reproduced, transferred, sold, licensed, removed, deleted, augmented, published, transmitted, uploaded, reverse engineered, edited, posted, publicly displayed, linked, broadcast, or distributed or exploited by any other means, unless otherwise expressly permitted in these Terms or in writing by us. ANY DISTRIBUTION FOR COMMERCIAL PURPOSES IS STRICTLY PROHIBITED WITHOUT OBTAINING A LICENSE TO DO SO FROM US OR OUR LICENSORS OR UNLESS EXPLICITLY PERMITTED BY THESE TERMS. If you copy, reproduce, or retransmit any part of our Website or Services in breach of these Terms, your right to use our Website and Services will cease immediately and you must, at our option, return, destroy, or recall any copies of the Content you have made.
DMCA Notice
PharmTechsOnly.com is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As required by the DMCA, this site maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this site.
All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
PharmTechsOnly.com
1349 Lynn Ave #118
Bethlehem, PA 18015
Agent's Name/Email Address: questions@pharmtechsonly.com
Telephone: 484-861-7000
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material, and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) Description of the copyrighted work that is the subject of claimed infringement. (ii) Description of the infringing material and information sufficient to permit us to locate the alleged material. (iii) Contact information for you, including your address, telephone number, and/or email address. (iv) A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law. (v) A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed. (vi) A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf.
Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
3. Prohibitions and Rights
In connection with the acknowledgement of our rights, above, you agree not to:
• Use, display, mirror, or frame the Website or any individual element within the Website, including our name(s);
• Access, tamper with, or use non-public areas of the Website – e.g. our computer systems, etc.;
• Attempt to probe, scan, or test the vulnerability of any of our systems or networks;
• Breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us, any of our providers, or any other third party – e.g. other users, etc.;
• Attempt to access or search the Website through the use of any engine, software, tool, agent, device, or mechanism – e.g. spiders, robots, crawlers, data mining tools, etc. – other than the software and/or search agents provided by us;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
• Use any meta tags or other hidden text;
• Use any metadata utilizing our trademark or URL;
• Forge any TCP/IP packet header or any part of the header information in any email or posting;
• Use the Website in any way to send altered, deceptive, or false source-identifying information;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used, contained, or displayed within the Website or Services;
• Interfere with or attempt to interfere with the access of any user, host, or network – e.g. sending a virus, overloading, flooding, spamming, mail-bombing, etc.;
• Collect or store any Personal Information from other users of the Website or Services;
• Impersonate or misrepresent your affiliation with any person or entity;
• Access the Website behind proxy servers or URL cloaking techniques; and/or
• Encourage or enable any other individual to do any of the foregoing.
You acknowledge and agree that we have the right to investigate and prosecute violations of any of the above prohibitions or any of these Terms to the fullest extent allowed under applicable law.
4. Enforcement
You also acknowledge and agree that we do not have an obligation to monitor your access or use of the Website or Services, but we retain the right to do so for the purpose of operating the Website and Services and ensuring compliance with these Terms as well as the law. At any time and without prior notice, we reserve the right to disable your access if we find a violation of these Terms or the law.
Any rights not expressly granted herein are reserved by us. We will determine your compliance with the Terms and the Privacy Policy in our sole discretion and our decision shall be final and binding. Any violation of the Terms or the Privacy Policy may result in restrictions on your access to all or part of the Website or Services and may be referred to law enforcement authorities. We, in our sole discretion, reserve the right to disqualify and terminate access or use of any individual found to be (a) tampering with the operation of the Website; (b) acting in violation of the Terms or the Privacy Policy; (c) acting in an unethical or disruptive manner; or (d) acting with intent to annoy, abuse, threaten, or harass us, our representatives, or any other individual in any manner related to the Website or Services.
Pharm Techs Only also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to user support requests, or (e) protect the rights, property, or safety of Pharm Techs Only, its users, and the public. Pharm Techs Only also reserves the right to remove Content alleged to be infringing another's intellectual property rights without prior notice, at our sole discretion.
5. Online Payments
Payment Options. Most purchases of Services (“Purchases”) will occur electronically online and will require a valid, accepted, credit card or other payment method that we, in our sole discretion, elect to accept as payment. You authorize us, or our designated third-party payment provider, to charge the credit card or other accepted payment method you designate in the amount specified in connection with the transaction. If you desire to designate a different form of payment, or if there is a change in your payment information, you must update that information with us or with our designated third party payment provider, as applicable, to reflect such change. You may experience temporary disruption of your access to the Services while we are verifying new payment information. If you transmit to us, or one of our designated third-party payment providers, a purchase request, you warrant that your use of the particular credit card or other accepted payment method is authorized and that all information that you submit to us, or our designated third-party payment provider, is true and accurate (including, without limitation, your credit card number, expiration date, and other account information), and you agree to pay all fees you incur.
Third Party Payment Providers. We generally use Stripe and PayPal as our third-party payment providers. You acknowledge and agree to their terms of service located here https://stripe.com/legal/consumer and https://www.paypal.com/us/legalhub/useragreement-full?locale.x=en_US or any other terms they may require you to agree to, in order to use Stripe's and Paypal's payment processing services in connection with our Services.
Cancellations and Refunds. We, or our designated third party payment provider, as applicable, reserve the right to refuse or cancel any Purchases or attempted Purchases at any time in our sole discretion. Further, we, or our designated third party payment provider, as applicable, may reverse certain transactions if we have a reasonable, good-faith belief that such transactions, alone or together with other transactions, are illicit, fraudulent, abusive, unlawful, or otherwise conducted in bad faith or as part of any form of unfair dealing (which could include such things as cheating, hacking, or other prohibited activity). EXCEPT AS OTHERWISE STATED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW, ALL SALES AND PURCHASES ARE FINAL.
Changes in the Amount Authorized. If the amount to be charged to you varies from the amount you previously authorized (other than due to the imposition or change in the amount of Sales Taxes, if any), we, or our designated third party payment provider, as applicable, shall provide notice of the amount to be charged and the date of the charge at least ten (10) days before the scheduled date of the transaction. You agree that we, or our designated third party payment provider, as applicable, may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Currency. Unless otherwise stated, all fees and charges are quoted and must be paid in U.S. Dollars. Purchases made in currency other than U.S. Dollars shall be made at the exchange rate designated in your agreement with your credit card or other acceptable payment method provider.
Taxes. Your Purchases may be subject to applicable sales tax, use tax, value added tax, or other similar taxes, duties, or tariffs (collectively, “Sales Taxes”). In the event that Sales Taxes apply, we, our designated third party payment provider, or a Partner, as applicable, will collect the required Sales Taxes from you and remit it to the applicable tax authorities. Under most circumstances, the applicability of Sales Taxes will be determined by the residence of the person or entity making the purchase. We will not be responsible for any taxes on net income, or other taxes, duties, or tariffs associated with your Purchases, except for Sales Taxes as described in this section or as required by applicable law.
6. Third-Party Links and Partners
These Terms only apply to our Website and Services. The Website and Services may include links to or utilize the services of third-party websites, resources, resellers, and business partners of ours (“Third-Party Partners”). Because we do not have control over such Third-Party Partners, we do not make any representations about any Third-Party Partners. You acknowledge and agree that we are not responsible for the availability of the external websites, resources, or services of such Third-Party Partners. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third-Party Partner websites, resources, or services. If provided, you should review the terms and conditions of Third-Party Partners, which are separate and unrelated to these Terms.
Certain services made available via the Services are delivered Third Party Partners. By using our Website and Services, you hereby acknowledge and consent that Pharm Techs Only may share such information and data with any such Third Party Partner with whom Pharm Techs Only has a contractual relationship to provide the requested product, service, or functionality on behalf of www.pharmtechsonly.com users and customers.
One of our Third Party Partners is Higher Logic, LLC, an online community and marketplace platform software service provider. We disclaim any responsibility for their platform and software services and you agree to accept any terms of service and privacy policy that they may post from time to time in connection with your use of their platform and software services, including their Privacy Policy located here: https://www.higherlogic.com/legal/privacy/.
Another of our Third Party Partners is Click4Course, a learning management system. We disclaim any responsibility for the Click4Course platform and software services and you agree to accept any terms of service and privacy policy that they may post from time to time in connection with your use of their platform and software services, including their Privacy Policy located here: Privacy Policy - Click 4 Course 2024.pdf
7. Use of Communication Services
The Website and Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Pharm Techs Only has no obligation to monitor the Communication Services. However, Pharm Techs Only reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Pharm Techs Only reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Pharm Techs Only reserves the right at all times to disclose any information you post to the Communication Services as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pharm Techs Only's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children through the Communication Services. Pharm Techs Only does not control or endorse the content, messages or information found in any Communication Service and, therefore, Pharm Techs Only specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Pharm Techs Only spokespersons, and their views do not necessarily reflect those of Pharm Techs Only.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
8. User Submissions to Communications Services
Pharm Techs Only does not claim ownership of the materials you provide to the Website and Services or post, upload, input or submit to any Pharm Techs Only Services or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submissions you are granting Pharm Techs Only, our affiliated companies and necessary sublicensees permission to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Pharm Techs Only! is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Pharm Techs Only's sole discretion.
9. Pharmacy Technicians
If you are a pharmacy technician using the Website and Services (“Pharm Tech”), the following terms apply to you. You may create an account on the Website (“Pharm Tech Account”) and use certain parts of the Services that are made available solely to Pharm Techs. To create your Pharm Tech Account, you will be required to provide certain details, like your first and last name, email, and general location. You will also be required to expressly agree to these Terms of Service, certify that you are a pharmacy technician, and indicate whether you would like to receive from us tips and resources for Pharm Techs like you.
You may post certain information about yourself to your Pharm Tech Account, including Personal Information about you, your resume, and a short video about yourself if you choose. We may use this information to connect you with prospective employers and send you information of interest to pharmacy technicians generally. You agree that while Pharm Techs Only may show you job postings and facilitate your connection with prospective employers, we make no guarantees about the quality of these connections or whether they will lead to any offers of employment. All of your communications with prospective employers is your responsibility and at your sole risk. If you use the Services to post details about yourself on your Pharm Tech Account in search of jobs, you agree to our Job Post Terms and Conditions.
Our Tech Connect platform allows you to interact with other Pharm Techs to share your experiences and learn. This social media functionality is solely for informational and educational purposes and we take no responsibility for any of your communications and interactions with other Pharm Techs.
We offer a “single sign on” account creation and login process. If you sign up for one portion of our Services (such as pharmacy technician courses), you will be able to sign up and use other portions of our Services (such as job searching and social media functions) using the same Pharm Tech Account.
10. Prospective Employers
If you are a prospective employer of pharmacy technicians (“Employer”), the following terms apply to you. You may create an account on the Website (“Employer Account”) and use certain parts of the Services that are made available only to employers of pharmacy technicians. To create your Employer Account, you will be required to provide certain details, like your name, email, contact number, company, and payment information. You will also be required to expressly agree to these Terms of Service, certify that you are an employer of pharmacy technicians, and indicate whether you would like to receive from us tips and resources for pharmacy technician employers like you.
Employers have access to specific areas of the Website and Services, such as job candidate search tools, and do not have access to other areas of the Website and Services, such as the Tech Connect social media platform that is available only to Pharm Techs. Employers are allowed to search through certain parts of our Services for Pharm Techs and prospective job candidates. Employers may make job postings to the Website and use our Services to connect with prospective Pharm Tech candidates and hires. If Employers use the Services to post job opportunities and interact with prospective hires, they agree to our Job Post Terms and Conditions.
Job posts will remain live for 30 days and then will expire, though you may have the option to purchase extensions of up to a total of 90 days.
11. General Marketplace Terms, Account Creation, and Community Guidelines
Whether you are a Pharm Tech or Employer, you recognize that our Services offer a marketplace for Pharm Techs and Employers to connect and that we do not provide any health-related or human-resource services of any kind. Pharm Techs and Employers are solely responsible for obtaining all applicable approvals, authorizations, and permissions to engage in the activities facilitated through our Services, whether searching for jobs, posting jobs, or moving forward with an employer-employee or independent contractor relationship from a connection facilitated through the Services.
We may charge a fee for accessing and using certain parts of the Services, including to Employers for posting job openings and connecting with Pharm Techs and to Pharm Techs for searching for jobs and connecting with Employers. Where you provide your consent to access and use these paid parts of our Services, you authorize us, or our designated third-party payment provider, to charge the credit card or other accepted payment method you designate in the amount specified in connection with the transaction, as further provided in the Online Payments section above.
Any safety or other related effort, feature, process, policy, standard or other effort undertaken by Pharm Techs Only in the interests of safety or maintenance of the quality of the Services (whether required by the applicable regulations or not), is not an indicia of an employment relationship with any Pharm Tech or Employer.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18) or the minimum age for receiving minor medical treatment in your jurisdiction (14 years of age in some states), to obtain an Account. By creating an Account, you certify that you are eligible in your jurisdiction to create an Account under these Terms. We reserve the right to require that all parents or guardians of individuals under the age of 18 be required to consent to such individual's use of the Services and may implement certain verification-code requirements to verify that such an individual has obtained the consent of their parent or guardian. Account registration requires you to submit to Pharm Techs Only certain personal information, such as your name, address, phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Pharm Techs Only's termination of these Terms of Service with you. You are responsible for all activity that occurs under your Account and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Pharm Techs Only in writing, you may only possess one Account.
By creating an Account, you agree that the Services may send you text (SMS) messages, push notifications, and/or emails as part of the normal business operation of your use of the Services. By creating an Account, you agree that Pharm Techs Only may contact you by telephone, text messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) or email at any of the phone numbers or email addresses provided by you or on your behalf in connection with a Pharm Techs Only account, including for promotional purposes. You may opt out of receiving emails and other messages from Pharm Techs Only by following the unsubscribe instructions in those messages. Even if you have opted out of receiving such promotional messages, Pharm Techs Only may send you non-promotional communications, such as receipts, information about your account, and for purposes described in its Privacy Policy.
You agree that Pharm Techs Only may contact you using any of the phone numbers you provided in connection with a Pharm Techs Only account (including via text or voice-recorded message) or your email address in the case of suspected fraud or unlawful activity or for safety purposes.
You agree to abide by Pharm Techs Only's community guidelines as outlined below (the “Community Guidelines”): Failure to comply with the Community Guidelines or any violation of these terms may result in the permanent loss of access to the Services. The following Community Guidelines were developed to help make every experience feel safe, respectful, and positive:
Treat everyone with respect
Help keep one another safe
Comply with all applicable laws and regulations
Do not touch anyone without their consent
Never hurt anyone
Sexual assault and misconduct is strictly prohibited
Never threaten anyone in connection with the Services
Discrimination of any kind is prohibited in connection with the Services
You are responsible for any property damage caused to third-parties
Account sharing is not allowed
You are responsible to confirm the identify of anyone you meet through the Services
You are prohibited from using drugs or alcohol while meeting with others via the Services
You will not cause a nuisance, annoyance, or inconvenience to others in using the Services
The Services will allow you to communicate with other users by chat, video, and email. You are responsible for abiding by the Community Guidelines in all such communications to the extent they are made in connection with our Services, and you are solely responsible for the content that you post on or send through our Services.
You may not assign or otherwise transfer your Account to any other person or entity. In certain instances, you may be asked to provide proof of age, identity, or other methods of identity verification to access or use the Services. You agree that you may be denied access to or use of the Services if you refuse to provide the requisite proof of age, identity, or other methods of identity verification.
12. Online Store
We may sell certain apparel, merchandise, books, and other goods through an online store on the Website or through the Services (“Online Store”). The Online Store is powered by Powered by Ecwid and orders are fulfilled and shipped through Printful. Book orders are made and fulfilled through Lulu. Any purchase you make through the Online Store may be subject to these third-parties' terms of service. We disclaim any liability for any failures of these third-party service providers.
13. Marketing Affiliates
We partner with certain third parties to act as marketing affiliates for us (“Marketing Affiliates”). If you are a Marketing Affiliate, this section applies to you. We will provide you as a Marketing Affiliate with a unique URL or series of unique URLs that refer visitors to our registration page or a similar page. If a Marketing Affiliate refers a visitor who then registers for our Services or performs some other mutually agreed action, we will pay the affiliate a commission as mutually agreed by us and the Marketing Affiliate. Payments will generally be made monthly only if the amount is equal to or greater than $10, and such payments will be made on or around the last business day of the next month when such amounts becomes greater than $10. Additional terms for Marketing Affiliates may be posted to the Service by us from time to time and/or agreed to in a signed writing between us and the Marketing Affiliate.
14. Disclaimer
THE WEBSITE, SERVICES, AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. ALSO, WE EXPLICITLY DISCLAIM ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE WEBSITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, ERROR-FREE BASIS, OR THAT THE WEBSITE, SERVICES, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY RESPONSIBILITY FOR HARM TO YOUR PHONE, COMPUTER, OTHER ELECTRONIC DEVICES, CAR, LOSS OF DATA, OR OTHER HARM THAT MAY RESULT FROM ACCESS TO OR USE OF THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO CONTRACTION OF A COMPUTER OR PHONE VIRUS.
WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, OR COMPLETENESS OF ANY CONTENT OR SERVICES PURCHASED OR OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE, OR THAT DEFECTS WILL BE CORRECTED. CONTENT PROVIDED OR EXPRESSED ON THE WEBSITE, INCLUDING THAT OF THIRD PARTIES, MAY NOT REFLECT OUR POLICIES OR CONFORM TO ANY AGREEMENT YOU MAY HAVE WITH US.
For clarity, no advice or information, whether oral or written, obtained from us, the Website, or the Content will create any warranty not expressly made herein.
You acknowledge and agree that your access to and use of the Website, Services, and Content is dependent upon access to telecommunication services and internet services. You shall be solely responsible for acquiring and maintaining all telecommunication services, internet services, and other hardware and software required to access and use the Website, Services, and Content.
You agree that your access to and use of the Website or Content and your purchase of Services on or in connection with the Website are at your sole risk, whether known or unknown to you.
15. Limitation of Liability
Without limiting the foregoing, you also acknowledge and agree that Pharm Techs Only and its officers, directors, members, managers, agents, third-party providers, affiliates, or licensors are not and will not be responsible for, liable for, or incur any claims, causes of action, suits, penalties, fines, losses, damages, costs, or expenses, including attorneys' fees (“Claims”) arising out of or in connection with these Terms or from your access to, use of, or inability to access or use the Website, Content, or Services provided on the Website for or arising out of the following:
• Personal or bodily injury, death, emotional distress, or property damage;
• Interactions or meetings with other users of the Website, Services, or Content or other persons with whom you communicate or interact with as a result of your use of the Website, Services, or Content;
• Loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any telecommunication services and internet services or the failure of such services that you use to access or use the Website, Services, or Content; and
• Any other Claims arising out of or relating to your acts or omissions or the acts or omissions of any third party, whether in contract, warranty, strict liability, negligence, or other legal theory regardless of whether or not we have been informed of the possibility of such Claims, even if a limited remedy set forth herein is found to have failed of its essential purpose.
The foregoing limitations apply even if we have been advised of the possibility of such damages (or they are otherwise foreseeable), or if such Claims result from: (a) the use or the inability to use the Website or results of the use of the Website or any materials posted on it, however arising and whether caused by tort (including negligence), breach of contract or otherwise; (b) the cost of procurement of substitute products or services resulting from any products, data, information, or services obtained or messages received or transactions entered into through, from or as a result of the Website; (c) unauthorized access to or alteration of your transmissions or content; (d) statements or conduct of any third party on the services or Website; or (e) any other matter relating to the products or services we offer or the Website. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Without limiting the foregoing, you acknowledge and agree that if we are found liable for any of the foregoing Claims or for any other Claims arising hereunder, including the breach of these Terms, we and any other person or entity involved in creating, producing, or delivering any of the foregoing will under no circumstances be liable for any incidental, special, exemplary, punitive, or consequential damages, including, without limitation, lost profits, loss of data, loss of goodwill, or the cost of acquiring substitute products or services, whether in contract, warranty, strict liability, negligence, or other legal theory, regardless of whether or not we have been informed of the possibility of such Claims, even if a limited remedy set forth herein is found to have failed of its essential purpose.
By accessing the Website or Services, you understand that you may be waiving rights with respect to Claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read, understood, and hereby expressly waived the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The limitation of liability set forth above is a fundamental element of the basis of the bargain between us and you. The limitation of liability set forth above shall apply to every form of action, whether in contract, warranty, strict liability, negligence or other legal theory, and shall survive any breach of the Terms, the Privacy Policy, the Agreement, or any agreement or the failure of the essential purpose of the Terms, the Privacy Policy, the Agreement, any agreement, or any exclusive remedy.
Without waiving the exclusive governing law provision set forth below, some states do not allow the exclusion or limitation of liability for consequential or incidental damages. Therefore, the above limitation may not apply to you. In such states, our liability is limited to the fullest extent allowed under applicable law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRODUCTS OR SERVICES OFFERED BY US MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
16. Indemnification
You agree to defend, indemnify, and hold Pharm Techs Only, its members, its managers, its officers, its directors, its employees, and its agents harmless from and against any Claims arising out of or in any way connected with:
• Your access to or use of the Website, Services, or Content, including your violation of these Terms;
• Any goods or services or information you may provide or fail to provide; and
• Any agreements or understandings you have with third parties.
You shall cooperate as fully as reasonably required in the defense of any such claim. Pharm Techs Only reserves the right, at its own expense, to assume the exclusive defense and control of any matter or portion thereof subject to indemnification by you.
17. General Provisions
The Terms and the Privacy Policy, as they may be amended from time to time, constitute the entire and exclusive understanding and agreement between us and you regarding the Website, Services, and Content. The Terms and the Privacy Policy supersede and replace any and all prior oral or written understandings or agreements between Pharm Techs Only and you regarding those subjects. Notwithstanding the foregoing, any terms in a signed agreement between you and Pharm Techs Only related to the Services will supersede and replace terms contained herein to the extent the terms conflict.
If any provision of the Terms or the Privacy Policy is found by a court of valid jurisdiction to be invalid or unenforceable, the remainder of the Terms and the Privacy Policy shall remain in full force and effect and shall be enforced to the fullest extent allowed under applicable law.
No waiver or failure by us to enforce any provision of the Terms or the Privacy Policy shall be valid unless in writing and signed by an officer of Pharm Techs Only.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms at our sole discretion without restriction and notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Nothing contained in the Terms or the Privacy Policy shall be deemed to constitute you and Pharm Techs Only as partners or joint venturers or constitute an employment or agency relationship between you and us.
Headings in the Terms and the Privacy Policy are purely for reference and shall not affect the meaning of any term or condition. As used in the Terms and the Privacy Policy, the words “include,” “including,” “e.g.,” “such as,” and variations thereof shall not be deemed to be terms of limitation, but rather shall be deemed to be followed by the words “without limitation.” Any provision of the Terms or the Privacy Policy that must survive to allow us to enforce its meaning shall survive termination for any reason. Any Claim by or through you relating in any way to the Terms, the Privacy Policy, the Website, the Content, or otherwise with respect to their subject matter, regardless of form or the basis of the Claim, must be brought within one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose) or else such cause of action is waived. A printed version of the Terms or the Privacy Policy, and of any electronic notice pertaining to the Terms or the Privacy Policy, shall be admissible in a judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document, or record originally in printed form.
The Terms constitute a written agreement between you and us.
18. Disputes and Claims
Any and all disputes, demands, or Claims arising from or related to your access to and/or use of the Website, Services, our Content, and/or these Terms shall be settled and resolved first by good faith efforts to amicably resolve the matter through discussion and negotiation (which may include mediation if both you and we so agree). In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Service, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Philadelphia, Pennsylvania. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Service, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Service or any disputes arising as a result of these Terms of Service, whether directly or indirectly, including Tort claims that are a result of these Terms of Service. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Service.
Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Pharm Techs Only agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
19. Controlling Law
These Terms will be governed and interpreted by the laws of the State of Pennsylvania, without regard to its conflict of laws provisions.
20. Notice to International Visitors
The Website and the servers that make them available are located in the United States of America. If you reside in another country, these Terms may conflict with the laws of your country. In the event of such a conflict, these Terms will govern to the extent that they are valid and enforceable under applicable United States laws.
We make no representation that the Website is appropriate or available for use beyond the United States of America. If you use the Website from other locations, you are responsible for compliance with applicable local laws.
21. Privacy
For information and notices concerning our collection and use of your Personal Information, please review our Privacy Policy.
We may electronically monitor areas of the Website and may disclose any Content, logs, records, or electronic communication of any kind (a) to satisfy any law, regulation, or government request; (b) if such disclosure is necessary or appropriate to operate the Website; or (c) to protect our rights or property or our third party partners, sponsors or advertisers, service providers, licensors, or any other user of the Website.
22. Changes to Terms
Pharm Techs Only reserves the right, in its sole discretion, to change the Terms of Service under which the Services are offered. The most current version of the Terms of Service will supersede all previous versions. Pharm Techs Only encourages you to periodically review the Terms to stay informed of our updates.
23. Notices
Any notices or other communications permitted or required hereunder, must be in writing.
For clarification on or if you have any questions regarding these Terms, the Privacy Policy, the Website, the Services, or the Content or to report a violation of these Terms please contact:
Pharm Techs Only! LLC
1349 Lynn Ave #118
Bethlehem, PA 18015
484-861-7000
To obtain a copy of these Terms, you may print a copy or contact us to request one.
Updated and effective as March 2024.