Terms of service

 

IMPORTANT INTRODUCTION

You are attempting to download, install, already installed a mobile software application SELF-CARE HEALTH, RED APPLE PHARMACY (the "App") and access the websites located at https://www.selfcare-otc.com, https://www.m.selfcare-otc.com, https://www.otc.selfcarepharmacist.com, https://www.redapplepharmacy.com, https://www.blog.redapplepharmacy.com, (the "Site") maintained and provided by Miles Connect LLC dba Selfcare-HEALTH, Red Apple Interactive Pharmacy. Together, the App and the Site are referred to below as the "Applications."

By using this site, you agree that you must comply with any guidelines, rules, or terms of use applicable to such use or access posted by us (the "Terms") and with any applicable third-party terms of agreement. Each time you access or use the Applications, you agree to be bound by these Terms. If you do not agree to all of these Terms, do not use this site! In addition, certain areas of the Applications may be subject to additional Terms that we make available for your review and reminder. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms applicable to such areas.

Miles Connect LLC may modify these Terms at any time by posting the revised Terms on the App or the Site. Your continued usage of the Applications will mean you accept those changes.

Miles Connect LLC reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the Applications; charge fees in connection with the use of the Applications; modify and/or waive any fees charged in connection with the Applications, and/or offer opportunities to some or all users of the Applications. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension, or discontinuance of the Applications, in whole or in part, or of any service, content, feature, or product offered through the Applications.

WARNING / DISCLAIMER

1. These Applications are for Informational Purposes Only and Does Not Provide Medical Advice.

2. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

3. Nothing stated or posted on the Applications is intended to be, and must not be taken to be, as the recommending or rendering medical, nursing, pharmacy, or professional health care advice or services, or the practice of medicine, nursing, pharmacy or professional health care in any form.

4. THE APPLICATIONS AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. YOUR USE OF THE APPLICATIONS IS VOLUNTARY AND AT YOUR SOLE RISK.

5. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON THE APPLICATIONS AND THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATIONS.

6. YOU ARE RESPONSIBLE FOR ALL DECISIONS OR ACTIONS RESULTING FROM YOUR USE OF THE APPLICATIONS AND THEIR CONTENT, INCLUDING BUT NOT LIMITED TO ANY DECISION NOT TO SEEK OR REFRAIN FROM SEEKING ANY DIAGNOSIS OR TREATMENT.

7. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISION YOU MAKE TO USE THE SERVICES OF ANY THIRD-PARTY PROVIDER ASSOCIATED WITH THE APPLICATIONS.

8. THIS APPLICATION IS INTENDED FOR THE USE AND AUDIENCE OF RESIDENTS OF THE UNITED STATES.

USER OBLIGATIONS

You agree to abide by all applicable local, state, and federal laws with respect to your use of the Applications.

You understand that the confidentiality of any communication or material transmitted to or from the Applications over the Internet or other form of communication networks cannot be guaranteed. Accordingly, the Applications and Miles Connect LLC are not responsible for the security of any information transmitted to or from the Applications.

USE OF CONTENT

This Terms Of Use provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Applications conditioned on your continued compliance with these Terms Of Use.

PROHIBITED ACTIVITIES

1. Children under the age of 13 should not use the Applications.

2. You acknowledge and agree that the Applications contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Miles Connect LLC, its Licensors, pharmacists, or our content providers.

3. You must not copy, reverse engineer, reverse assemble, or otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained through the Applications;

4. You must not post or transmit any material that contains a virus or any form of unauthorized data.

5. You must not register, subscribe or unsubscribe any party for the Applications if you are not expressly authorized by such party to do so;

6. Use the Applications in any manner that could damage, disable, overburden or impair the Application's servers or networks, or interfere with any other user's use and enjoyment of the Application;

7. You must not use the Applications in any manner that could damage, disparage, or otherwise negatively impact it.

ACCOUNTS, PASSWORDS, AND SECURITY

You may have to register with the Applications to access certain services or areas of the Applications. With respect to any such registration, you may not use, an e-mail address that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

You are responsible for maintaining the confidentiality of any password you may use to access the Applications and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Applications, to any third party.

You are fully responsible for all interaction with the Applications that occurs in connection with your password or email address.

You agree to access the Applications with current, complete, and accurate information.

THIRD-PARTY DEALINGS

The Applications provide users access to Third Party Sites or Applications and are not responsible for, and shall have no liability in connection with, any transactions or disputes between you and such a Third-Party.

You access the Applications at your own risk. We take no responsibility for your exposure to third-party content on the Applications.

If you have a dispute with a Third-Party, you agree to release us (and our employees and agents) from claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including actual, consequential and punitive damages), arising out of or in any way connected with the use of the Applications or such disputes.

Your participation, correspondence, or business dealings with any third party found on or through our Applications, including, without limitation, advertisers and external sites, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and such third party.

The Applications and Miles Connect LLC are not responsible for the privacy and security of any information you share with any Third Party, including your credit card or payment information.

LIMITATION OF LIABILITY

NEITHER MILES CONNECT LLC NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO
(i) THE USE OF OR INABILITY TO USE THE APPLICATIONS;
(ii) ANY CONTENT CONTAINED ON THE APPLICATIONS;
(iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE APPLICATIONS;
(iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE APPLICATIONS;
(v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE APPLICATIONS;
(vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE APPLICATIONS;
OR (vii) ANY OTHER MATTER RELATING TO THE APPLICATIONS.

IN NO EVENT SHALL THE TOTAL LIABILITY OF MILES CONNECT LLC OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE APPLICATIONS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

APPLICATIONS OWNERSHIP

The Applications (including any content made available through the Applications) are the property of Miles Connect LLC and are protected by applicable intellectual property laws.

You may utilize the Applications only as permitted by these Terms.

You may not, and will not permit any other party to:
(1) modify, adapt, alter, translate or create derivative works of the Applications;
(2) use or merge the Applications, or any component or element thereof, with other software, databases or services not provided by Miles Connect LLC;
(3) sublicense, distribute, sell or otherwise transfer the Applications to any third party;
(4) use the App as a service bureau, or lease, rent or loan the App to any third party;
(5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Applications;
(6) interfere in any manner with the operation of the Applications;
(7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Applications;
(8) create a database by systematically downloading and storing the Applications;
(9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the Applications or reproduce or circumvent the navigational structure or presentation of the Applications without our express prior written consent; or
(10) use the Applications for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Applications. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Applications.

DISCLAIMER OF WARRANTIES

THE APPLICATIONS AND ANY CONTENT, TOOLS, PRODUCTS, OR SERVICES DISPLAYED, ACCESSED, OR OBTAINED ON OR THROUGH THE APPLICATIONS ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MILES CONNECT LLC EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE APPLICATIONS AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE APPLICATIONS ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE APPLICATIONS AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE APPLICATIONS ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON OVER-THE-COUNTER OR PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED IN THE APPLICATIONS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION, OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE APPLICATIONS.

INDEMNITY

To the fullest extent permitted under law, you will defend, indemnify and hold harmless Miles Connect LLC, the Applications and its affiliates, and its and their officers, directors, employees, agents, and licensors from and against all claims, actions, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) arising out of or related to your use of the Applications or any violation of these Terms by you.

COPYRIGHT POLICY

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by THE APPLICATIONS infringe your copyright, you or your agent may send to MILES CONNECT LLC a notice requesting that the material be removed or access to it be blocked.

JURISDICTION

Miles Connect LLC makes no representation or warranty that the content and materials on the Applications are appropriate or available for use in locations outside the United States. Those who choose to access the Applications from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Miles Connect LLC reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Applications to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any Applications that we provide.

TERMINATION

You agree that Miles Connect LLC, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Applications, and remove and discard any content within the Applications, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.

WAIVER AND SEVERABILITY

The failure of MILES CONNECT LLC to exercise or enforce any right or provision of these TERMS OF USE shall not constitute a waiver of such right or provision. If any provision of these TERMS OF USE is found by a court of competent jurisdiction to be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of any remaining provisions.

APPLE-SPECIFIC TERMS OF USE

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, you acknowledge and agree to the following provisions with respect to your use of the version of the App that is compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the App, including, without limitation, any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Miles Connect LLC. The license you have been granted herein is limited to non-transferable permission to use the App on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple's App StoreSM Terms of Service. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the App, such as your wireless data service agreement. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. Notwithstanding the immediately preceding sentence, Miles Connect LLC's right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.

UPDATES

We may modify these TERMS OF USE at any time, as we deem appropriate. If you disagree with the changes to the TERMS OF USE, you must discontinue your use of the APPLICATIONS, and if you have registered as a member, cancel your registration. Your continued access or use of any of the APPLICATIONS following such notice signifies your acceptance of the modified TERMS OF USE. It is your responsibility to review the TERMS OF USE regularly to be aware of such modifications. We reserve the right to modify or discontinue the APPLICATIONS with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the APPLICATIONS. If you object to any such changes, your sole recourse will be to cease access to the APPLICATIONS. Continued access to the APPLICATIONS following notice of any such changes will indicate your acknowledgment of such changes and acceptance of the APPLICATIONS as so modified and your use of new Services will be governed by these TERMS OF USE.

QUESTIONS

Please contact Miles Connect LLC at contactus@redapplepharmacy.com with any questions, complaints, or claims regarding the Applications.