Terms & Conditions of Use

Attention: Please read this terms of use agreement (the “agreement”) carefully before using www.apothecaryproducts.com (the "website"). The website is owned and operated by Apothecary Products, LLC.  (“Apothecary Products”).  These terms of use constitute an agreement between you and Apothecary Products.

Use of this website constitutes your binding unconditional acceptance of this agreement. If you do not accept these terms of use, do not use this website.

Although you may "bookmark" a particular portion of this site and thereby bypass this agreement, your use of this site still binds you to the terms.

Apothecary Products reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the Apothecary Products website following any such change constitutes your unconditional agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this website.

All Rights Reserved

Unless otherwise noted, all materials (including images, text, illustrations, designs, icons, photographs, programs, video clips and written, electronic and other materials) hosted or displayed on the website, publications generated therefrom, and the compilation (meaning the collection, arrangement, and assembly) of the Website are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Apothecary Products, one of its affiliates, or third parties who have licensed their materials to Apothecary Products. All material provided on this Website is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on this Website may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of Apothecary Products.

Individual visitors of this Website are permitted to download or print one copy of material published on this Website solely for their personal, non-commercial use, provided they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. No right, title or interest in any downloaded or printed materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any portion of the Website or any related software. All software used on this site is the property of Apothecary Products or its suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited without prior written consent by Apothecary Products. Apothecary Products does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret laws.

The trademarks, trade names, logos, slogans, design marks, and service marks (collectively referred to as "Trademarks") displayed on this Website are registered and unregistered Trademarks of Apothecary Products, one of its affiliates, or third parties who have licensed their materials to Apothecary Products. No trademark license either express or implied is granted by Apothecary Products. You do not have any right to use any Trademark displayed on this Website without prior written permission of Apothecary Products.

Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Apothecary Products' or any third party's intellectual property rights.

Access to Website

Apothecary Products may, at any time, in its discretion terminate your access to this Website. Access to the Website may be monitored by Apothecary Products. If you are accessing this Website as a representative of an organization, these Terms of Use bind both you individually and the organization and references to "you" and "your" shall be construed to apply to you individually and the organization.

As a condition of your use of this Website, you will not use the Website or information on the Website for any purpose that is unlawful or prohibited by these Terms of Use. You will not use this Website in any manner that would violate the Site Security (provided below) or that could damage, disable, overload or impair the operation of this Website or use by third parties.  You shall not post or otherwise transmit to or from this Website by any means any defamatory, libelous, obscene, unlawful, or pornographic material or any other material or information which could result in any civil or criminal liability.

Certain restricted product information is available on this Website only to licensed customers of Apothecary Products that are registered to receive information via passwords issued by Apothecary Products. This restricted information is considered confidential and proprietary information of Apothecary Products. If you are a registered customer or a representative of a registered customer, Apothecary Products authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within the customer organization, and only for the intended purposes authorized by Apothecary Products. Issuance of a registration password is conditioned on the customer's use of the information in accordance with the terms of its license or service agreement with Apothecary Products. You shall not transfer your password to unauthorized parties. You will immediately notify Apothecary Products of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain unauthorized access to any Website information or area within this Website.

Website information may refer to products, programs, or services that are not available in your state or country. Consult your Apothecary Products representative for information about the products, programs, and services that may be available to you.  By listing a particular product, program, or service on this Website, Apothecary Products makes no representation that such product, program, or service will be available to you.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Site Security

Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Apothecary Products will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Apothecary Products on this Website and other than generally available third party web browsers (e.g., Mozilla Firefox, Microsoft Explorer, Google Chrome).

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

Pricing or Typographical Errors

While Apothecary Products strives to provide accurate product and pricing information, pricing or typographical errors may occur. Apothecary Products cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Apothecary Products shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Apothecary Products may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

Third Party Information

Certain information available on this Website is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the originating party and that Apothecary Products has no responsibility for such content and does not guarantee the accuracy, integrity, or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a Web link to another party's Website an endorsement of such other party, their products or their services.

Reviews, Comments, Feedback, Postcards and other Submissions

Apothecary Products and its employees are in constant development of new products, technologies, product enhancements, processes, materials, marketing and promotional plans, and product names.

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Apothecary Products on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain Apothecary Products’ property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Apothecary Products of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. You acknowledge that by submitting your Comments to Apothecary Products that Apothecary Products is in no way responsible to review or investigate your submission. 

You further acknowledge that you and Apothecary Products may have overlapping ideas.  In order to avoid any misunderstanding as to ownership, priority, or rights to any particular idea, you agree that any submission to Apothecary Products will be treated as non-confidential and non-proprietary, will automatically become Apothecary Products’ property, and may be used by Apothecary Products and its affiliates for any purpose whatsoever, including without limitation the development and/or provision of products and services. Thus, Apothecary Products will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.

Apothecary Products will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.

Apothecary Products is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

Promotions

Apothecary Products may run promotions (“Promotion(s)”) of various types from time to time. Such Promotions may be promoted or described on this Website, or may include use of the Website as part of the operation of the Promotion. All such Promotions are subject to the complete and official rules of each Promotion even if those rules are not found on this Website, and are void where prohibited, taxed or regulated. Mention of such a Promotion on this Website is not an offer to participate in the Promotion, and does not trigger any obligation to participate.

Disclaimer and Limitation of Liability

THIS WEBSITE IS PROVIDED BY APOTHECARY PRODUCTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. APOTHECARY PRODUCTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, APOTHECARY PRODUCTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, APOTHECARY PRODUCTS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE APOTHECARY PRODUCTS WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. We do not warrant that access to the Website or use of the Website will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Released Parties as defined below do not warrant or make any representations regarding the use or the result of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise.

Neither Apothecary Products nor any of its subsidiaries, affiliates, suppliers or their officers, directors, employees, agents, representatives or subcontractors (“Released Parties”) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war or other like causes beyond the reasonable control of Apothecary Products. Apothecary Products shall have no responsibility to provide access to this Website while the interruption of this Website due to any such cause shall continue. Apothecary Products may discontinue providing access to this Website at any time.

Released Parties make no representations or promises to develop, provide, or market any software, service, or product discussed on this Website, and you shall not rely on the information provided or the prospect of availability of any software, service, or product currently in development or currently anticipated to be made available in the future.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL APOTHECARY PRODUCTS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APOTHECARY PRODUCTS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF APOTHECARY PRODUCTS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL APOTHECARY PRODUCTS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold Released Parties harmless from and against any and all claims, loss, liability, demand, damages, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of or in any way connected with your access to or use of this Website or any Website information, or breach of these Terms of Use.

Export and Trade Controls

You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Website or any Website information provided on or pursuant to this Website except in full compliance with all United States, foreign, and other applicable laws and regulations.

Jurisdiction

Apothecary Products controls and operates this Website from Minneapolis, Minnesota, in the United States of America.  These Terms of Use, and the agreement they create, shall be governed by and interpreted according to the laws of the State of Minnesota.  You agree that any and all disputes, claims, and causes of action arising out of or connected with this Website or Promotions shall be resolved individually, without resort to any form of class action.  Agreement to the Terms of Use shall be deemed to have been executed in Minneapolis, Minnesota.  Unless expressly stated otherwise, you consent to the personal jurisdiction and venue of the courts in Minneapolis, Minnesota, expressly waive any objection to such jurisdiction and venue, and further consent that any process, notice of motion or other application to such courts or a judge thereof may be served outside the State of Minnesota by registered or certified mail or by personal service, provided that a reasonable time for appearance is allowed.

Termination

These terms are effective unless and until terminated by either you or Apothecary Products. You may terminate this Agreement at any time, provided that you discontinue any further use of this Website. Apothecary Products also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website, if in Apothecary Products’ sole discretion you fail to comply with any term or provision of this Agreement.

Upon any termination of the Agreement by either you or Apothecary Products, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the terms of use or otherwise.

Copyright Policy

Apothecary Products prohibits the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner.  In particular, if you are a copyright owner or an agent thereof and believe that any submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at the Site;

(iii) Identification of the material on the Site that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement can be reached at info@apothecaryproducts.com.  For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the appropriate email addresses as set forth on http://www.apothecaryproducts.com/contacts. You acknowledge that if you fail to comply with all of the requirements of this Section 9, your DMCA notice may not be valid.

Privacy Policy

See Apothecary Products' Privacy Policy, which is incorporated in the Terms of Use, relating to the collection and use of information through this Website.

Other Policies

Apothecary Products may develop policies from time to time and place those policies on its Website.  Such policies include, but are not limited to a Shipping Policy and Return Policy. Notwithstanding anything to the contrary herein, your use of the Website binds you to those policies depicted on the website.

Entire Agreement

These Terms of Use shall constitute the entire agreement (including the Privacy Policy and other policies set forth herein) between you and Apothecary Products regarding the use of the Website. The failure of Apothecary Products to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

Severability

If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.