Last Updated: Feb 10, 2020

INTRODUCTION

Welcome to Hamptons Pharmacy   The following terms of use and end user license agreement (the “Terms of Use”) constitute an agreement between you (collectively, "user", “you” or "your") and Hamptons pharmacy, its affiliates and subsidiaries (collectively”, “our”, “us” or “we”). These Terms of Use govern your use of and access to the Site, Content and/or Services (each as specified below) and are a legally binding agreement between you and Hamptons Pharmacy.

DEFINITIONS

For the purposes of this Terms of Use, the following terms shall have the following meanings:

1. "Content" means any expression fixed in a tangible medium and includes, without limitation, ideas, text, comments, video, audio, images, graphics, designs, drawings, animations, logos, trademarks, copyrights, information, data, software, scripts, tasks, activities, and any intellectual property therein, any of which may be created, submitted, or otherwise made accessible on or through the Site and/or Services.

1. "Minor" means a person under the age of majority in the province.

1. "Patient Representative" means a person who consents to act and is authorized to act on the patient's behalf to manage the user's prescriptions and Services in compliance with applicable laws and regulations.

1. “Services” means all services made available by us, including but not limited to services accessed through the Content or the Site.

1. “Site” means our website, its related webpages and sites (including, without limitation, any mobile optimization website), and our mobile applications.

ACCEPTANCE OF TERMS AND CHANGES AND REVISIONS

Carefully review these Terms of Use and, if you do not agree with them, you are not permitted to access or use the Site, Content or Services and you should exit the Site, cease using any or all of the Site, Content or Services immediately. If you have downloaded or installed any of the Content on to your devices, uninstall the Content from such devices immediately.

By accessing the Site, submitting information to us or downloading, installing or using any of our Content or Services you accept these Terms of Use. If you do not accept these Terms of Use you must not submit information to or register an account with us, access the Site or download, install or use any of the Content or Services. If you are a Minor, you are not permitted to access or use the Site, Content or Services and you must exit the Site and cease using the Site, Content and Services immediately and have a parent or guardian access or use the Site, Content and Services on your behalf.

We reserve the right, acting in our sole discretion and at any time, to revise these Terms of Use, including the Privacy Policy. We will give you notice of such revisions by posting the revisions to the Site. It is your responsibility to review the terms of the current Terms of Use when you access or use the Site, Content or Services. If you continue to access or use any of the Site, Content or Services after any revisions to these Terms of Use are posted, you will be deemed to have accepted those revisions.

We reserves the right, acting in its sole discretion and with or without prior notice to you, to do any of the following:

• modify, suspend or terminate operation of, or access to, any portion, features or functions of the Site, Content or Services including, but not limited to, hours of availability, geographical availability and applicable policies or terms;
• make changes to any fees or charges, if any, related to your use of the Site, Content or Services;
• make changes to the equipment, hardware or software required to use and access the Site, Content or Services; and
• interrupt the Site, Content or Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications.

Updates and Discontinuance of Site or Services

You acknowledge and agree that we may update, modify, patch or discontinue any aspect of the Site or Services, by remotely installing updates and patches or otherwise, without your consent or approval and with or without prior, or any, notice to you and that the Terms of Use apply to those updates and modifications.  We do not have any obligation to provide updates or modifications or to continue to provide particular Services.

we reserves the right, at any time and without notice or liability to you, to update, modify or reset certain parameters of the Site or Services any of which may impact your use of the Site and/or Services. 

Laws and Regulations

Your access to and use of the Site, Content or Services is subject to all applicable international, federal, provincial, state and local laws and regulations.

USE OF SERVICES AND YOUR ACCOUNT

1. Your Account and Security

In order to access and use certain features of the Site or Services you may be required to register an account (the “Account”) through the Site or Services.  When you register or update an Account, you will be required to provide us with certain personal information, which may include: your name, e-mail address, telephone number, date of birth, care card or provincial personal health number, medication and prescription information, information regarding allergies, medical history, gender, insurance information, payment information, and to grant express consent to us to contact you through the telephone number and e-mail address provided.

You are responsible for restricting access to your computer, device or media system platform. We strives to ensure the security of users’ data and Accounts, however, we cannot guarantee that unauthorized third parties will not circumvent our security measures. Where the security of a user’s data and Accounts has been circumvented by a third party, we expressly disclaims all liability arising from such breach.

1. Accessing your Account(s)

Each time that you access an Account, you represent and warrant that:

• you are the person who registered the Account;
• All the personal information registered in connection with the Account is current, complete and accurate;
• you are accessing the Site and using the Services solely for lawful purposes and in strict compliance with these Terms of Use;
• you are accessing the Site or Services solely for your own personal, non-commercial purposes or for the personal purposes of the Patient for whom you act as Personal Representative;
• you are not, and are not acting on behalf of, any competitor or prospective competitor of us or its affiliates or subsidiaries;
• you are not accessing the Site or Services for the purposes of any dispute or litigation involving us; and
• you are not accessing the Site or Services for any illegal purpose or to advertise, solicit or communicate with other users for any commercial purpose.

1. Patient Representative

You may add a family member, caregiver, or other authorized person to your Account as your Patient Representative for the purpose of having that Patient Representative manage your prescriptions and Services on your behalf. You are responsible for ensuring that the contact information for this Patient Representative is current, complete and accurate. The act of adding a Patient Representative to your account will give access and constitutes deemed consent for that individual to manage your prescriptions and Services on your behalf. This Patient Representative will then be contacted and asked to provide his or her consent to be your Patient Representative. This Patient Representative must not be a minor. After this process is completed, your Patient Representative will have the ability to manage your prescriptions and Services as an additional user whose Account is added to your Account.

You may also add a family member or person to whom you are a caregiver or representative to your Account for the purposes of managing this user's prescriptions and Services as a Patient Representative. If this user is an adult, you must provide his or her basic contact information. You are responsible for ensuring that the contact information for this user is current, complete and accurate. By adding a user to whom you are a caregiver or representative to your account, you are deemed to consent to be a Patient Representative for this user. This user will then be contacted and asked to provide his or her consent for you to be his or her Patient Representative. You may also act as a Patient Representative for a Minor to whom you are a parent or legal guardian. The Minor's consent is not required. After this process is completed, you will have the ability to manage the user's prescriptions and Services through your Account.

1. Service Monitoring and Suspension

We may monitor, terminate or suspend your Account or our Services at any time.

We may immediately, and without prior notice, terminate your ability to access each or both of the Site or Services or portions thereof for any reason including, without limitation: (i) if you violate or otherwise fail to strictly comply with any term or provision of these Terms of Use; (ii) if we have determined that your use has created or potentially created risk or legal exposure for us; or (iii) in response to requests by law enforcement or other government agencies. Upon termination of your access to the Site or Services or portions thereof for any reason, you must cease use of your Account(s), cease accessing the Site and Services and promptly destroy all electronic and other copies of all Content, including all related documentation.

You acknowledge and agree that any termination or suspension of your Account(s) may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination or suspension of your Account(s), or your access to the Site or Services.

Following any suspension of Services or termination of your Account(s), we may, at your request, transfer your prescription to a pharmacy licensed in Canada of your choosing if the drug does not contain a controlled substance, and the transfer occurs between a registrant and another registrant or an equivalent of a registrant in another Canadian jurisdiction.

1. Consent to Receive Electronic and Telephonic Communications

You consent to receive telephonic communications from and electronic communications either in the form of email, SMS, WhatsApp, Facebook Messenger, push notification to your mobile or electronic device or other forms of electronic messages sent to you at the addresses and accounts listed on your Account or by communications posted on or notifications through the Site (collectively, "Electronic Communications"). You acknowledge and agree that any Electronic Communication shall satisfy any legal requirement that such communication or notification be in writing.

Upon registering an Account, you may receive Electronic Communications regarding the operations of our Services. You cannot opt out of receiving these communications while you continue to use our Services. You may also receive promotional Electronic Communications while you use our Services. You can opt out of these Electronic Communications at any time by using the unsubscribe feature located in the footer of such Electronic Communications, where applicable, or by managing your Account settings accordingly. You may also use the settings on your mobile or other electronic device to disable push notifications at any time.  You cannot opt out of Electronic Communications in the form of general notices on the Site to all users.

1. Text and Mobile Messaging Consents

Without limiting the generality of the forgoing, by downloading or using our applications, the Site and the Services you agree that we may communicate with you regarding our Site or Services or respond to your communications to us through the Services by Electronic Communications, including SMS, MMS, text message, push notifications or other electronic means directed to your mobile device.

DELIVERY & SHIPPING POLICY

We want want to give you the best pharmacy experience by providing free, same-day delivery to all our customers, subject to service and availability in your area. In aiming to provide you with the best pharmacy experience, we aim to ensure you receive your packages in a safe, sound and timely fashion.

Once you’ve signed up, you should receive your first delivery on the day that delivery was requested. Check your email or app notification for updates on your first delivery. You will be provided SMS updates which include a two-hour delivery window so you can monitor your package’s location and expected delivery as well as information about the courier delivering the package. Once the courier is enroute to deliver your package, you can track your delivery in real time using GPS tracking. If you experience delays, please call support right away.

If your package arrives damaged or with broken seals, contains the incorrect medication, or if another issue arises pertaining to the medication dispensed or its condition following transportation, please contact us and we will replace the medication.

Using the Site, you may schedule your free same-day delivery to whatever location is most convenient for you, including at home or work. Not all employers allow you to receive personal packages at work. If your employer does not allow you to receive personal packages at work, please update your shipping address. Should your recorded delivery address change, please update your contact information immediately by contacting us prior to placing your order and updating your address.

Signature Required Upon Delivery

All packages require an electronic signature upon delivery by the party in whose name the prescription was filled or by the Patient Representative.

If at the time of delivery, you are not available to sign for your package, the package will be returned to the us by the courier. Where delivery was unsuccessful, you are responsible for us and rescheduling your package’s delivery. In the event you are unable to sign for your package on the requested delivery date but a person over the age of majority is available to sign at the requested address for delivery, you are responsible for providing an express authorization to permit this person to sign for your package on your behalf.

If you are receiving items that need to be refrigerated, like insulin, we will deliver them to you in specialized coolers.

If your medication is on manufacturer backorder, we will contact you and work with you to make sure you are still getting the medication you need. We will still dispense to you any other medications that you ordered that are not affected by such backorder.

DRUG DISPENSING REQUIREMENT POLICIES

General

In order to use the Site, Services, or Content, you must have a valid prescription from a physician licensed to practice medicine and prescribe medications in the province or territory where you live. Please note that only your doctor can fax a prescription to us as pharmacy regulations stipulate that a pharmacy can accept a faxed prescription only from a physician’s office. If your prescription changes, have your doctor fax it directly to the us and we will update your file.

Before any prescription is dispatched, we will be in contact with you to discuss your medication. If you have a clinical question, you can privately consult with a pharmacist at any time by contacting the us during their regular business hours.

Requests for and Transfers of Prescriptions

Upon registering an Account and adding your Payment Method (as described below), you give us your consent to transfer your prescriptions from your existing pharmacy(s) and/or contact your prescriber(s) regarding your prescriptions.

Narcotics Policy

Our availability of filling prescriptions, and for the transportation of such prescriptions to the user by is determined in accordance with all applicable legislation, rules and regulations governing the dispensing of such drugs.

Refills

If you have refills of your medications at another pharmacy, submit a transfer request of your prescription from the other pharmacy to us. You can submit a transfer request through the Site or by telephone.

When your prescription is due for a refill, we will notify you by text message, email, phone or Electronic Communication. When you receive a refill notification, simply reply to the correspondence with your preferred date for delivery of your medication. When you are running out of refills, please contact your physician for a new prescription.

If you need to refill a prescription early, or are planning on travelling or going on vacation, contact the us and let us know the dates you will be away at your earliest convenience. You are solely responsible for increased costs to your prescription incurred by requesting an early fill or vacation supply.

COMPLAINTS PROCEDURE

We take feedback very seriously. If you have any concerns, please email us at manager@hamptonspharmacy.ca. We will respond promptly to follow up.

DEVICES, MOBILE SERVICES AND MARKETPLACES

The Site may be available through certain mobile or other personal electronic devices. You acknowledge and agree that we are not responsible for ensuring that your device’s software is compatible with the Site or that you can use or access the Site or the Services through your particular device. If you are accessing the Services or the Site through a mobile device, you should check with your carrier to understand what voice, data and messaging rates will apply.  In addition, the terms and conditions of the app store or marketplace from which you may have downloaded our application will also apply.

INFORMATION COLLECTION, OWNERSHIP AND USE

Privacy

By accessing or using the Site, Content or Services or otherwise accepting or agreeing to these Terms of Use, you fully and completely agree to the terms and conditions of our Privacy Policy (the “Privacy Policy”) and to any terms and conditions incorporated therein by reference. The Privacy Policy sets out how, why and to what extent we collects and uses your personal and non-personal information in connection with your access to or use of the Site, Content or Services. The Privacy Policy, as amended from time to time, is available at Privacy Policy.

Transmission of Personal Data

You acknowledge and agree that by providing us with any personal or proprietary user information through the Site, Content or Services you consent to the transmission of such personal or proprietary user information over international borders as may be necessary for processing or storage in accordance with our standard business practices and Privacy Policy, subject to applicable laws which may prohibit us from transmitting certain personal information over international borders. To the extent required by applicable laws, we will maintain and store your personal information in Canada and not transmit such information across international borders. You should be aware that Linked Sites (as defined below) and any third party services which you may use to access the Content or Services may contain transmission of personal data provisions and be subject to privacy policies that differ from our Privacy Policy. We are not responsible for the policies of, or for the storage, handling or transmission practices or treatment of your personal information by Linked Sites and expressly disclaims any and all liability related thereto.

Feedback

We welcomes your ideas, suggestions and recommendations for Site features, functionality and enhancements (“Feedback”).  Any Feedback you provide to us will be deemed non-confidential and we will be free to use such Feedback without restriction and without any compensation or obligations to you.

PAYMENT TERMS

Payment Procedure

we will send you an invoice upon delivery, which includes the cost of your prescription and any over-the-counter medications. We will charge any outstanding balance after applying the pharmaceuticals coverage offered by your insurance provider(s) to the method of payment provided at the time of joining prior to your package being released for delivery. You will be provided with a receipt for each prescription dispensed.

When you make a purchase or your Patient Representative makes a purchase on your behalf, you or your Patient Representative must designate and provide information about your preferred payment method, including your insurance information and applicable credit card information for any copayment (“Payment Method”) to us. It is your responsibility to make sure you pay your portion for your prescription and cover the cost of any over-the-counter products you or your Patient Representative purchases on your behalf from us.

Payment Terms

By making a purchase yourself or by your Patient Representative making a purchase on your behalf through the Site or Services, you agree to our Terms of Use, and any additional terms and conditions that are provided here. By making a purchase, you agree to pay any fees or other incurred charges that apply to the products or services purchased. Payment information must be complete and accurate, and you are responsible for keeping it up to date. You hereby expressly authorize us to collect from your Payment Method the appropriate fees charged for the purchases you or your Patient Representative elect to make. All fees due for purchases are payable at the time of purchase and will be billed automatically to the Payment Method when the purchase is made. We may, in its sole discretion, accept or reject an order you have placed.

E-COMMERCE TRANSACTIONS

You acknowledge and agree that only an adult (a person who has attained the age of majority in their local jurisdiction) can enter into and complete a transaction involving the payment of actual money. All payments must be remitted through an account of a payment provider or processor approved by us and you agree to abide by the terms and conditions applicable to that payment method. We or our approved third party payment provider or processor will automatically charge your Payment Method, plus any applicable taxes we are required to collect, when authorized. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR PAYMENT ACCOUNT(S). YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US OR THEIR APPROVED PAYMENT PROVIDER OR PROCESSOR TO CHARGE YOUR PAYMENT ACCOUNT(S) OR THE ASSOCIATED CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT IS NOT REFUNDABLE IN WHOLE OR IN PART AND UNDER ANY CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, UPON TERMINATION OR SUSPENSION OF YOUR ACCOUNT(S) FOR ANY REASON, TERMINATION OF THESE TERMS OF USE OR INTERRUPTION OR DISCONTINUATION OF THE SITE, SOME OR ALL OF THE CONTENT OR SERVICES.  In all cases, your order will represent your offer to us to acquire the product or service ordered, which offer will be deemed to have been accepted by us when your payment account is charged.

CONTENT OWNERSHIP AND USE

Health-Related Content

Any health-related content displayed on the Site describes general health care principles and is for general guidance only. Such content should not be interpreted as specific instructions for individual users, and is not intended as a substitute for a consultation with your physician, pharmacist or a licensed health care professional, and should not be used to diagnose or treat a health problem without first consulting your physician or a licensed health care professional.  You should discuss any information provided through access to the Site and/or Services with a physician, pharmacist, nurse or other licensed health care professional. You should also check product information regarding dosage, precautions, and warnings before administering or using any device, drug, herb, vitamin or supplement referenced in the Site, Content or Services.

In no event will we be liable for any decision made or action taken in reliance on the health-related content or other information contained on, or accessible through, the Site and/or Services. Reliance on any information provided by, or otherwise appearing on, the Site and/or Services is solely at your own risk.

Limited End User License

Subject to your strict compliance with these Terms of Use, we hereby grants you a limited, revocable, non-exclusive, personal, non-transferable license, without the right to sublicense, to access and use the (i) Site and (ii) Services which you have downloaded, installed, purchased or subscribed for, as applicable, on a single computer, mobile device or media platform (the "License").  You shall not acquire any ownership rights in the Content or in any of the Services or the Site.  Except as expressly permitted under these Terms of Use you will have no rights to, either directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, transmit, modify, adapt, enhance, improve, create any derivative works from the Site or Services, disclose any part or feature of the Site or Services that we have not publicly disclosed, or to display, distribute, publicly perform or any other way exploit, the Site, Services or the Content in whole or in part.  You acknowledge and agree that we may modify, suspend or remove any Content or features of the Site or Services at any time.

For further certainty, you hereby acknowledge and agree that the general health-related data and information made available to you under the License is our exclusive property and is of essential value to us and you shall not aggregate and/or republish, in whole or in part, any of the general health-related data and information.

End-User License Term

The term of your License commences on the date of your acceptance of these Terms of Use and shall end on the earlier date of your or our suspension or termination of your Account. Your License shall terminate immediately, automatically and without notice if you attempt to circumvent any technical protection measures used in connection with the Site or Services or you otherwise breach these Terms of Use.

LINKED SITES AND THIRD PARTY SERVICES

Linked Sites

We prohibits caching unauthorized hypertext links to the Site and the framing of any Content available through the Site. We reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any Linked Sites is at your own risk. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from those provided on the Site. We are not responsible for the policies, practices, condition and operation of any Linked Sites, and expressly disclaims any and all responsibility and liability to you if you access or use a Linked Site.

Services Not Controlled by us

Some of the Content or Services may be accessible, or give you the ability to use such Content or Services, on or through a website, service or device not controlled by us. For example, you may download, install or access the Content or Services through a mobile or web-based online market place or have the option to use the Content or Services online on servers not owned or controlled by us, or we may make the Content or Services available through servers that are not owned or controlled by us. We takes no responsibility for your access to or use of the Content or Services through or on any third party device or service not controlled by us and otherwise has no control over how such services are offered, administered or operated. Any such use of services not controlled by us is at your own risk and may subject you to additional or different terms and conditions imposed by the third party that owns and controls such services.

WARRANTIES AND LIMITATION OF LIABILITY

No Warranties

To the fullest extent permitted by applicable laws, all Content, products and services on or through the Site, Content or Services or obtained from a web site to which the Site is linked (a “Linked Site”), are provided to you “as is” and "as available" without any warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, accuracy, effectiveness of product, and safety of product. We do not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through the Site, Content, Services or a Linked site by any party other than ours, or the capabilities or reliability of any product or service obtained from a Linked Site. Except as required under applicable consumer protection law, under no circumstance will we be liable for any loss or damage caused by a user’s reliance on information obtained through the Site or a Linked Site, or a user’s reliance on any product or service obtained from a Linked Site. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT DISCLAIMED.

Limitation of Liability for Use of the Site, Content, Services and Linked Sites

The information, Content, Services, products and descriptions of Content or Services published on the Site or a Linked Site, or included in the Content or Services, may include inaccuracies or typographical errors, and, to the fullest extent permitted by applicable laws, we specifically disclaims any liability for such inaccuracies or errors. Changes are periodically made to the information on the Site or Linked Sites or contained in the Content or Services. We may make improvements or changes to the Site, Content or Services at any time.

You agree that we and our officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability, equity or under any other legal theory, for any personal injury, loss, accident or death or any direct, indirect, punitive, consequential, incidental or special damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site, Content, Services or a Linked Site, or for any delay or inability to use the Site, Content, Services or a Linked Site, even if we are made aware of the possibility of such injury, loss, accident, death or damages. This limitation on liability includes, but is not limited to, the transmission of any viruses, malware or malicious software which may infect a user’s equipment or devices, failure of the Content or Services to be compatible with your hardware or software, failure of mechanical or electronic equipment or communication or interconnect lines or fiber, or other connectivity problems ( e.g., you cannot access your internet service provider), unauthorized access, theft, loss of data, operator errors, strikes or other labour problems or any force majeure event. We cannot and does not guarantee continuous, uninterrupted, error free or secure access to the Site, Content or Services. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL WE, OR OUR SUBSIDIARIES OR AFFILIATES’ AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE, CONTENT OR SERVICES EXCEED CDN $50. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE FORM A FUNDAMENTAL PART OF THE BARGAIN BETWEEN US AND YOU.

Applicable laws may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. However, even if this is the case, in no event shall the total liability of Hamptons pharmacy for all damages, losses and causes of action and costs and expenses, including legal fees, whether in contract, tort (including but not limited to negligence), equity or under any other legal theory, related to your use of, or the inability to use, the Site, Content or Services exceed CDN $50.

INDEMNITY

You hereby agree to defend, indemnify and hold harmless Hamptons pharmacy and its directors, officers, employees, agents, successors, administrators and assigns (the "indemnified parties") from and against all liabilities, claims, actions, causes of action, costs and expenses (including legal expenses on a full indemnity basis and any other fees and expenses incurred for investigating or defending any action or threatened action, as well as settlement costs) which any of the indemnified parties may suffer or incur in connection with any claim arising out of or resulting from:  (i) Your or any permitted Minor’s violation of any of these Terms of Use, (ii) Your or any permitted Minor’s use or misuse of the Site, Content or Services, including but not limited to your or a permitted Minor's personal injury or death, (iii) Your or a permitted Minor’s use or misuse of any Linked Sites, and (iv) Your or any permitted Minor’s  violation of any law or third party rights.

Without derogating from or excusing your obligations under this section we reserve the right (at your expense), but are not under any obligation, to assume the exclusive defence and control of any matter which is subject to an indemnification by you even if you choose to defend or settle it. You agree not to settle any matter that is subject to an indemnification by you without first obtaining our express approval.

VIOLATIONS OF TERMS OF USE

You agree and acknowledge that we may, in its sole and absolute discretion and without prior notice to you, terminate or suspend your access to the Site and your use of our products and services, or any portion thereof, and cancel your Account if we have a reason to believe that you have failed to strictly comply with these Terms of Use or that the use of the Site by you violates the rights of any third party or any applicable laws.  In addition to the foregoing, we reserves the right to pursue all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Site. You agree and acknowledge that monetary damages may not be an adequate remedy for any violation of these Terms of Use by you and, without limiting any of our other remedies, you hereby consent to, and authorize us to obtain, an injunction or other equitable relief from any court of competent jurisdiction. You further authorize us to disclose your personally identifiable information where reasonably necessary in connection with the foregoing.

TERMINATION

These Terms of Use, as amended from time to time by us, shall remain effective until terminated by you or us. You may terminate these Terms of Use by discontinuing use of the Site, Content, Services and your associated Account(s) and destroying all electronic and other copies of all related Content, including related documentation. Without limiting any other provision of these Terms of Use or the remedies available to us, we may immediately terminate these Terms of Use or cancel or suspend your Account(s) and access to the Site, Content or Services in its sole and absolute discretion and for any reason including, without limitation, if you violate or otherwise fail to strictly comply with any term or provision of these Terms of Use. Upon termination of these Terms of Use for any reason, you must cease use of your Account(s), cease accessing the Site, Content and Services and promptly destroy all electronic and other copies of the Content, including all related documentation.