Terms of Service
Our Website offers an online platform that enables Users (as defined below) to view, prescribe, sell and/or purchase compounded drugs (the “Listings”). We do not own, control or manage any of the Listings or act as agent in any capacity for any Users. You are solely responsible for the products that you may sell or purchase through the Website (including description, price, fees, Taxes (as defined below), defects, required legal disclosures, regulatory compliance, offers or promotional content) as well as compliance with any applicable laws, rules, regulations and contracts with other Users and/or third parties that apply to your Listing. We do not warrant that the product description is accurate, complete, reliable, current or error-free.
If you are an individual, by using this Website, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
The Content on the Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to Users or unavailable at any time or for any period.
Privacy & Policy
By using this Website, you represent and warrant that you are:
1. a pharmacy (the “Pharmacy”);
2. a licensed compounder (the “Compounder”);
3. a licensed prescriber (the “Prescriber”); or
4. a patient (the “Patient”, together with the Pharmacy, Compounder and Prescriber, the “Users”).
A Patient is required to obtain a prescription from a Prescriber. The Website connects Compounders, who compound drugs, to Pharmacies and connects Pharmacies to Patients who require compounded drugs.
Relationship of Parties
Your Use of the Website and Account Set-Up and Security
The Website requires user registration, which may include providing proof of license from an applicable regulatory body that oversees or regulates the distribution, sale, manufacture or compounding of certain goods (the “License”). It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete and that you are in compliance with all applicable regulatory bodies, including without limitation all relevant health regulatory bodies. By using the Website, and completing a registration, you represent and warrant that the License and any other information you provide is complete, accurate and current. You agree and authorize us to take any necessary steps in order to verify the License and any other information you provide. If there are reasonable grounds to suspect any or all of the information you provide is inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your current and future access to and use of the Website. If your information changes, you agree to promptly notify us of such changes. Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
If you create an account on the Website:
you are solely responsible for your account, including without limitation the confidentiality and security of your account and all passwords related to your account, and any and all activities that occur under your account, including all activities of any persons who gain access to your account with or without your permission;
you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information;
you agree to ensure that you logout from your account at the end of each session; and
you agree to immediately notify us of any unauthorized use of your account or any other breach of security with respect to your account, and you agree to provide assistance to us, as requested, to remedy any breach of security related to your account.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. You agree that we may rely on the information you provide to send you information and notices regarding the Website. If you register for any of our mailing lists, you agree that we may email you newsletters and promotional material. You may unsubscribe from the newsletters and other promotional material by following the “unsubscribe” link contained in such emails.
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to Users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner's ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; (i) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Website, in whole or in part; and (j) otherwise attempting to interfere with the proper working of the Website.
The Company may, at any time, in its sole discretion, modify, remove or otherwise update the software and/or Website.
Relationship of Parties
We may send you certain communications and notifications in connection with your use of the Website. For example, you may receive offers, promotions and other commercial electronic communications (“CEMs”) from us and our promotional partners through email, text message or messages on the Website. You can unsubscribe from CEMs at any time by using the unsubscribe links provided in the CEMs or by contacting us at KemNet Inc., 2261 Market Street #4823, San Francisco, CA 94114 or email@example.com.
Access to the Website
Certain areas of the Website may be restricted from access by you at any time, for any reason, without notice to you, in our sole and absolute discretion.
Conditions of Use and User Submissions and Site Content Standards
Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall in all manners, comply with all applicable federal, provincial, local or international law or regulation in respect of the business conducted on the Website, and for certainty, shall not:
3. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company's sole discretion.
4. Involve stalking, attempting to exploit or harm any individual in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
5. Involve, provide, or contribute any false, inaccurate, or misleading information.
6. Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
7. Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
8. Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or Users or expose them to liability.
9. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
10. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
11. Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
Intellectual Property Rights and Ownership
The Company name, the Company logo, any Company trademarks and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content or other material on our Website, in any form or medium whatsoever except:
1. your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and in the event social media platforms are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit.
2261 Market Street #4823
San Francisco, CA 94114
Written notice must include the following information:
1. your contact information, including your full name, address, phone number, and email address;
2. the physical or electronic signature of the owner of the intellectual property or its agent;
3. a description of the intellectual property that you claim has been infringed, violated and/or misappropriated and a link to the product on the Website or information reasonably sufficient to permit us to locate the product on our Website;
4. a description of what intellectual property rights you own/have and why you believe your intellectual property rights are being infringed, violated and/or misappropriated; and
the following statements:
I have a good faith belief that use of the intellectual property in the manner complained of is not authorized by the owner, its agent, or the law;
I swear that the information in this notice is accurate, and that I am the owner of the intellectual property or am authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed, violated and/or misappropriated; and
I acknowledge that a copy of this notice, including any contact information provided above, may be provided to the person that posted the intellectual property allegedly being infringed, violated and/or misappropriated.If you falsely report that a product infringes, violates and/or misappropriates your intellectual property, then you may be liable for damages.
User Submissions: Grant of License
The Website may contain Interactive Functions allowing User Submissions on or through the Website.
None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. By using the Website, you also agree that we may display any User Submission on a third-party site for the purposes of advertising the Website. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
You understand and agree that you, not the Company, the Company's parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third-party, for such content and its accuracy. We are not responsible or legally liable to any third-party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.
If you or any of your employees, contractors, and/or agents sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to our Website or any of our products, any comments, questions, suggestions, or the like (collectively “Feedback”), all such Feedback is and will be treated as non-confidential. You hereby assign to us on your own behalf, and on behalf of your employees, contractors, and agents, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third-party, any ideas, know-how, concepts or techniques contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
Site Monitoring and Enforcement, Suspension, and Termination
Company has the right, without provision of notice to:
1. Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.
3. Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other Users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party, subject to applicable laws.
The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.
This Website includes content provided by third parties, including from other Users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third-party, for the content or accuracy of any third-party materials.
The Website and/or the Content may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us. There also may be circumstances in which access to the Website or the Content may be provided by a hypertext link located at a third-party website.
We are not responsible for and do not endorse, authorize, approve, certify, maintain, or control the content of any third-party website, or any third-party products or services that may be referred to in, or linked to, the Website or the Content. We do not make any representation or warranty of any kind, express or implied, regarding any third-party website, products, or services, including, without limitation: (i) any representation or warranty regarding the legality, use, accuracy, currency, reliability, completeness, efficacy, timeliness, applicability, performance, security, or availability of any information or content on such third-party websites; (ii) any representation, warranty or condition regarding the merchantability and fitness for a particular purpose of any content, software, goods, or services located at or made available through such third-party websites; or (iii) any representation or warranty that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.
Our Website must not be framed on any other site and/or applications, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The Website in which you are linking must comply in all respects with the conditions of use, User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
We are not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked on our Website.
Contract of Sale
Risk of Loss
The risk of loss to all products ordered through the Website is the sole responsibility of the seller, subject to the contract of sale between the seller and buyer.
Fees and Payments
If you are a Compounder, you agree to pay to the Company all applicable fees, including ten (10) percent of the total purchase price of all products, all applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes (collectively, “Taxes”), and any other fees or charges now in force or enacted in the future, as may be determined by the Company in its sole discretion (“Fees”).
You are solely responsible for determining, collecting, withholding, reporting, and remitting applicable Taxes, duties, fees, surcharges and any additional charges that arise from or as a result of any sale on our Website.
Except as otherwise provided on the Website or in extenuating circumstances, or as otherwise authorized by the Company, Fees are non-refundable.
The Company reserves the right to change the Fees from time-to-time and will provide you with advanced notice prior to any changes to the Fees. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any products. If you do not agree with the Fees, you must not access or use the Website.
The owner of the Website is based in the Province of Alberta in Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE COMPANY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON OR ANY PRODUCTS AVAILABLE ON THE WEBSITE OR THE TRANSMISSION OF INFORMATION TO OR FROM THE WEBSITE OVER THE INTERNET.
Governing Law and Choice of Forum
Reporting and Contact
This website is operated by KemNet Inc. 2261 Market Street #4823 San Francisco, CA 94114.
Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at firstname.lastname@example.org.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to email@example.com.