Terms & Conditions of Use
Last Updated June 4, 2013.
Welcome to the Health Mart Your Pharmacy
Online Website and Portal! Health Mart Systems, Inc. (“Health Mart”) provides this website ("Website") to you for your
convenience and in order to provide you the ability to access certain health
related information and services for you and your local pharmacy (“Pharmacy”) via the Your Pharmacy Online
service ("YPO"). YPO may also be accessed via the YPO mobile
app available for download on Google Play or the Apple AppStore. Use of the mobile app is subject to the
applicable End User Agreement.
Your access to this Website is subject
to your agreement with all these Terms & Conditions of Use as set forth
between you and Health Mart regarding use of this Website (“Agreement”).
Should you choose to register to access the
non-public portion of this Website and take advantage of all the information
and services that may be available to you and your Pharmacy, your use of this Website
is also subject to the Customer Registration Agreement or, if you are a
pharmacy, the Health Mart Digital Platform Pharmacy Access & Use Agreement
(collectively, “Registration Agreement”) that you agree to during the
registration or enrollment process, which is also part of your Agreement with Health
please read this Agreement carefully
before accessing or using the Website. By accessing or using the Website, you
agree to be bound by all of the terms and conditions below. Please print a copy
of these Terms & Conditions for your reference.
Modifications to this Agreement
Health Mart may revise these Terms &
Conditions at any time. Should any
revisions be made, Health Mart will give notice to you and all users by posting
a notice regarding the revisions on this Website, and the new revisions will be
effective as of their posting. By
accessing or using this Website after such revisions are posted you agree and
consent to all such revisions.
The content made available to you on this
Website is to be used for informational purposes only. You acknowledge that the content is in no
case to be used as a substitute for professional medical advice nor is it
intended to be relied upon by any person or entity for purposes of medical diagnosis
or treatment. Health Mart or its vendors
shall use commercially reasonable efforts to ensure the accuracy of the
content, but neither Health Mart, Pharmacy, nor their respective affiliates or vendors
guarantees the sequence, accuracy, or completeness of the content and shall not
be liable in any way to you, or anyone else to whom the content may be
furnished, for any delays, inaccuracies, unavailability, errors or omissions in
the content. Such content is relied upon
at your own risk and sole discretion.
Content and Access
Health Mart reserves the right without prior notice to
discontinue any services or content available on this Website, or otherwise
change specifications at any time without incurring any obligations to you or any
Access to this Website may be monitored from time to
time. Your use of this Website
constitutes your consent to such monitoring and data collection as set forth in
The content on this Website, including without limitation the
text, graphics, logos, button icons, images, video or audio clips, digital
downloads, data compilations and software, is the property of Health Mart, the
Pharmacy or their respective affiliates or vendors and is protected under
applicable United States and international patent, copyright, trademark and
other intellectual property laws. The
compilation of all content on this Website, as well as the original arrangement,
organization, design, formatting, trade dress, look and feel of the Website is
also the exclusive property of Health Mart, the Pharmacy or their respective
affiliates or vendors and is also protected by United States and international intellectual
© 2009-2013 Health Mart Systems, Inc.
All rights reserved.
Mart or its affiliates are the owner of the trademarks HEALTH MART®, RX HEALTH
MART PHARMACY®, MCKESSON®, YOURHEALTHSM, TRUSTED INDEPENDENT
PHARMACISTSM . Other
graphics, logos, button icons, and service names appearing on this Website are
also the distinctive and protected trademarks, service marks, or trade names of
Health Mart or its affiliates. This Website
may contain various third-party names and marks that are the property of their
Any unauthorized use of our marks or of our copyrighted material
or trade dress or any other intellectual property is strictly prohibited and may
be prosecuted to the fullest extent that the law provides.
Should you send Health Mart any Website postings, feedback
or data, such as ideas, comments, and suggestions or questions regarding any Health
Mart product or service (including this Website), such information will not be
given confidential treatment. Neither Health
Mart nor your Pharmacy will have any obligation of any kind to you with respect
to any postings, feedback or data that you submit. Your submission of such postings, feedback
and data affects an assignment to Health Mart of such material (along with any
underlying or related ideas, concepts, techniques and know-how) and you agree
to assign and hereby assign all such postings, feedback and data to Health Mart
without charge. As the sole and
exclusive owner of such postings, feedback and data, Health Mart will be free
to reproduce, copy, use, disclose and distribute the information to others including
without limitation incorporating your postings, feedback or data (and any
underlying or related ideas, concepts, techniques and know-how) into any Health
Mart product or service or this Website without compensation to you of any
You may view, copy, print and use content contained on
this Website solely for your own personal use, provided that: (1) it is used
for informational and non-commercial purposes only; (2) no text, graphics or
other content available from this Website is modified or framed in any way; and
(3) no graphics available from this Website are used, copied or distributed
separate from accompanying text. The use of any content for commercial purposes
is expressly prohibited. Nothing in this Agreement is intended to, or may be
construed as, conferring by implication, estoppel or otherwise any license or
other grant of right to use any patent, copyright, trademark, service mark or
other intellectual property of Health Mart or any third party, except as
expressly provided in this section.
You may not use, copy, modify,
distribute, translate, reproduce, republish, disassemble, reverse engineer, decompile,
mirror, frame, hyperlink or transmit any of the content or materials of this Website
or rent or sell use of or access to (such as on a time share or service bureau
basis) this Website, or any of the content or materials on this Website. You may not permit third parties to access
this Website or use any Website content and may not make any other use of the Website
or any Website content except as set forth in this Agreement, unless otherwise
expressly agreed to in writing by Health Mart.
You may not harvest or collect information about others, including
You agree to use the Website for lawful purposes
only. You may not post or transmit through the Website any material (i) that
violates or infringes in any way upon the rights of others, (ii) that is
unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, (iii) that
encourages conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any law, or (iv) that, without Health Mart
express prior approval, contains advertising or any solicitation. Any conduct by you that, in our discretion,
restricts or inhibits any other person from using or enjoying the Website will
not be permitted.
You understand and agree that Health Mart may terminate or otherwise deny your access to the Website
and without notice in the event Health Mart believes
in its sole discretion that (i) you have violated a provision of this Agreement
or your Registration Agreement, (ii) you have used or misused the Website in a
manner that Health Mart has determined is
unlawful, unethical or otherwise inappropriate, or (iii) such action is
reasonably necessary to protect a third party or Health Mart or if such action is otherwise required by law.
You acknowledge and agree (1) that your use of this Website is at
your own discretion and risk, (2) that use of any material, information or data
downloaded or otherwise obtained through the use of this Website is at your own
discretion and risk, and (3) that you are solely responsible for any damage to
your computer system for loss of data that results from the download of such
material, information or data, and for any other form of damage that may be
and Other Third Party Websites
This Website may contain links to, or be accessed through
links on, websites managed and operated by or on behalf of third party
pharmacies (including your Pharmacy) or other third party entities. These third parties are separate and independent
entities and are not agents of Health Mart. Health Mart does not have control over such
third party websites or the content of such websites. As a result, Health Mart does not have
responsibility for the information, misinformation, errors, availability,
operation or performance of any such third party website to which this Website
may link or from which this Website may be accessed.
If you operate another website and are interested in linking to
our Website, you agree to be bound by the following rules: (1) the link must be a text-only link clearly
marked; (2) the link must "point" to the URL for the home page for
this Website and not to any other pages; (3) the link, and use thereof, must be
in connection with a website of appropriate subject matter; (4) the link, and
use thereof, may not be such that may damage or dilute the goodwill associated
with Health Mart’s or its affiliates name, trademarks or services; (5) the
link, and use thereof, may not create the false appearance that another entity
is associated with or sponsored by Health Mart or its affiliates; and (6) the
link, when activated by a user, must display this Website full-screen and not
with a "frame" on the linked website.
Health Mart reserves the right to revoke consent to the link at any time
in its sole discretion, either by amending this Agreement or through other
notice to you.
Reference to any Pharmacy, product, recording, event,
process, publication, service, or offering of any third party by name, trade
name, trademark, service mark, company name or otherwise does not constitute or
imply the endorsement or recommendation of such by Health Mart. Any views
expressed by third parties on this Website are solely the views of such third
party and Health Mart assumes no responsibility for the accuracy or veracity of
any statement made by such third party.
This Website and all information,
services and related materials it contains are provided "AS IS," “AS
AVAILABLE” and “WITH ALL FAULTS.” Health
Mart makes no representation or warranty whatsoever regarding the completeness,
accuracy, currency, or adequacy of, or the suitability, functionality,
availability, or operation of this Website or the information or materials it
contains. To the fullest extent permissible
under applicable law, Health Mart, the Pharmacy and their respective affiliates
and vendors, specifically disclaim all warranties, express or implied, with
respect to this Website and the information and materials contained on this Website,
including without limitation the warranties of merchantability, fitness for a
particular purpose, title and non-infringement and any warranties arising from
a course of dealing or usage in trade.
Use of the Internet is inherently
unreliable. As a result, neither Health Mart nor the Pharmacy warrants
that the Website or your access to the Website will be uninterrupted or
error-free, that defects in the Website will be corrected, or that this Website
or the server that makes it available are free of viruses or other harmful
components. neither Health Mart nor the
Pharmacy warrants or make any representations regarding the use or the results
of the use of the materials in this Website in terms of their correctness,
accuracy, reliability, or otherwise.
While Health Mart takes commercially
reasonable efforts to protect the privacy and confidentiality of your
information and transactions, Health Mart cannot ensure any Internet
transaction is completely secure. Health
Mart and its vendors use industry standard technology to help protect against
the loss, misuse and alteration of the information under Health Mart’s control;
however, Health Mart does not guarantee that such loss, misuse or alteration
will not occur.
You understand that use of the Internet and this
Website is at your own risk. Neither Health
Mart, the Pharmacy nor their respective vendors, affiliates or suppliers is
responsible for any virus or damage to your computer, computer software, or any
loss of data that may result from use of the Website or access to any Content
This Website may be unavailable from time to time due to
mechanical, telecommunication, software, and third-party vendor failures. Health Mart cannot predict or control when such downtime may
occur and cannot control the duration of such downtime. As a result, Health Mart cannot and does not have any liability for such
Reasonable efforts are taken to ensure the accuracy and
integrity of information and related materials provided by Health Mart on this Website, but Health Mart is not responsible for misprints, out-of-date
information, technical or pricing inaccuracies, typographical or other errors.
Information and related materials are subject to change without notice.
No advice or information from Health Mart or the Pharmacy in
any manner will create any warranty as to this Website or any product, service
or material available through this Website.
If for any reason you are not satisfied with this Website or its
content, your sole remedy is to cease using this Website or such content, even
if such remedy should fail of its essential purpose.
Applicable law may not allow the exclusion of implied warranties,
so the above exclusion may not apply to you.
In no event will Health
Mart, the Pharmacy, or any of their respective vendors, affiliates, officers,
members, representatives, suppliers, directors, employees, consultants, owners,
or agents be liable for damages of any kind,
including without limitation any damages for loss of use, data,
information, profits, business, revenue, expected savings or business
interruption, or any direct, special,
indirect, incidental, exemplary, punitive or consequential damages arising from
or otherwise related to this Website or your use of this Website, whether such
damages are based in tort, contract, negligence, strict liability or otherwise,
even if Health Mart has been advised of the possibility of such damages or such
damages were otherwise foreseeable. Your
sole and exclusive remedy in the event of such damage is to discontinue your
access to and use of this Website.
Notwithstanding the foregoing, in any event, the aggregate
liability of Health Mart, the Pharmacy and their affiliates and vendors for any
reason shall not exceed $100.00 us, even if
such remedy should fail of its essential purpose.
You agree to defend, indemnify and hold
harmless Health Mart, the Pharmacy, and their respective vendors, affiliates
and their officers, directors, representatives, employees, consultants, and
agents from and against any claims, allegations, damages, losses, liabilities
or expenses (including, but not limited to attorneys' fees) that such party may
suffer or incur as a result of (i) your use or misuse of the Website, (ii) your
infringement of any intellectual property or other right of Health Mart, or any
other person or entity, (iii) your violation of any applicable
law, including without limitation any privacy or data security law or
regulation, or (iv) your violation of this Agreement. Notwithstanding the foregoing, Health Mart
reserves the right to participate in the defense of any such claim, subject to
your indemnification obligation.
This Agreement is governed by and interpreted under the laws of
the State of California and the federal laws of the United States, without regard to conflicts of laws principles. This Agreement and access to the Website will
be deemed to have been performed and occurred in the State of California and
the courts of that State will have exclusive jurisdiction to entertain any
action arising under this Agreement. You
hereby irrevocably submit to the exclusive jurisdiction and venue of the courts
of the State of California, the County of San Francisco and the Northern
District of California, as applicable, and waive any objections as to personal
jurisdiction, venue and forum nonconveniens.
the event of any dispute, the prevailing party shall be entitled to recovery of
its reasonable attorneys’ fees and costs.
Any cause of action or claim with respect to this Website must be
commenced within one (1) year after the action or claim arises. Certain provisions, by their nature or as
explicitly stated, will survive any termination or expiration of this
Agreement. If any of these conditions shall be deemed invalid, void, or for any
reason unenforceable, that condition will be severable and shall not affect the
validity and enforceability of any remaining condition.
This Agreement, along with our Privacy
Policy and where applicable Customer Registration
Agreement or Pharmacy Access & Use Agreement,
are the sole terms governing your use and access of this Website and supersedes
all other agreements regarding use of the Website. Any waiver of any portion of this Agreement
will be effective only if in writing and signed by Health Mart.
If you have any questions about this Agreement, please
contact us at:
Mart Systems, Inc.
Francisco, CA 94104
© 2009-2013 Health Mart Systems, Inc.
All rights reserved.