Terms and Conditions
Effective Date: March 31, 2020
TWH Commerce, Inc. d/b/a Thrifty White Health Essentials
Thank you for visiting the Thrifty White Pharmacy website! By visiting or otherwise using this website ("Site") and the website services provided, you are expressly agreeing to be bound by the following Terms and Conditions of Use ("Terms"). These Terms are a legal agreement between you and Thrifty White Pharmacy ("Thrifty"). The Terms are in effect as of the date shown above and may have changed since the last time you visited the Site. Please read these terms and conditions carefully before using the Site. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Site.
Acceptance of our Privacy Policy
By using this Site and the services provided herein, you agree to the terms of our website Privacy Policy, as well as our Notices of Privacy Practices as applicable, which are considered a part of these Terms. Before using this Site, please review our Privacy Policy and Notices of Privacy Practices. Any information you provide us as a result of your using this Site will be handled in accordance with these documents.
Ownership of Site and Reservation of Rights
This site is owned and operated by Thrifty. Thrifty reserves all rights to the Site, and you agree that you do not have any rights in the Site.
Changes in Terms and Conditions of Use and Site
Thrifty reserves the right to change these Terms of Use at any time. The "Effective Date" legend at the top of this page indicates when these Terms were last revised. Any changes will become effective when we post the revised Terms. Your continued use of this Site following any changes shall constitute notice and acceptance of the revised Terms.
Thrifty may, in our sole discretion and at any time, change or modify the information, services, products, materials, and any other resources contained on or accessible through this Site, or discontinue the Site altogether. Thrifty shall have no liability to you if the Site or any of its services are discontinued.
Copyright and Intellectual Property
Thrifty owns or licenses all content contained within this Site, including without limitation text, images, icons, data, software, trademarks, trade dress, and any other content (collectively, "Thrifty Content"). Such Thrifty Content may be protected by domestic copyright, patent, trademark, and other rights, and all rights, titles and interests are reserved by the respective owners. Copying, publishing, broadcasting, modifying, distributing or transmitting any Thrifty Content in any way without our prior written consent is strictly prohibited.
Digital Millennium Copyright Act
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 any Thrifty Content infringes on your copyright, please send a notice to us containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the right that you believe is being infringed upon;
- Identification of the copyrighted work that you believe is being infringed;
- A description of the Thrifty Content that you believe is infringing and should be removed;
- The name, address, telephone number and e-mail address of the complaining party;
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained about is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
When we receive a notice that contains the information listed above, we will remove or disable access to the content in question. We will notify the source of the infringing content of your complaint and our actions. In some cases, if the source of the content provides us with additional information that convinces us that the content should not have been removed, we may reinstate it.
Links to Third Party Sites
Thrifty may provide links to third party websites for your convenience. Thrifty does not assume any responsibility for the content of, technology implemented by, or the privacy practices of third party sites. All use is at your own risk. In no event shall Thrifty be liable, directly or indirectly, for any loss or damage arising from the use of these linked sites or the material accessed through such sites.
Disclaimers, Limitation of Liability, and Indemnification
THIS SITE AND ITS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL SUCH WARRANTIES. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, RELIABILITY, SECURITY, AVAILABILITY, ACCURACY, QUALITY, APPROPRIATENESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SERVICES ARE ERROR OR DEFECT-FREE. WE ARE NOT RESPONSIBLE FOR, AND HEREBY DISCLAIM ANY LIABILITY WITH RESPECT TO, ALL USER CONTENT, ANY USER, AND ANY THIRD PARTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY US. YOU AGREE THAT YOUR USE THESE SERVICES AT YOUR SOLE RISK.
THESE SERVICES ARE MADE AVAILABLE TO USERS IN THE UNITED STATES, AND WE MAKE NO WARRANTY OR REPRESENTATION THAT ANY OF THE SERVICES ARE APPROPRIATE FOR USE IN OTHER COUNTRIES. NO PART OF THE SERVICES SHOULD BE CONSTRUED AS AN OFFER OR SOLICITATION BY OR TO ANYONE TO WHOM SUCH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE.
THRIFTY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE OR THE SERVICES, INCLUDING ITS CONTENT.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THRIFTY, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, FEES, FINES, AND COSTS, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES, RESULTING FROM OR IN RELATION TO YOUR USE OF THE SERVICES OR VIOLATIONS OF THESE TERMS.
Privacy
While using this Site, you may provide, and we may automatically collect, information about you and your use of this Site, including but not limited to, your real-time location, MAC address and IP address. Our collection and use of such information is governed by our Privacy Policy and Notice of Privacy Practices.
Health-Related Advice
This Site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and any other content provided on the Site, including information that may be provided on the Site directly or via linking to third-party sites, are provided for informational purposes only. Please consult with a healthcare professional directly regarding any medical or health-related diagnosis or treatment options.
Governing Law and Forum for Disputes
This agreement, your use of the Site and its services, and all related matters, regardless of your location, are governed solely by, and construed solely in accordance with, the laws of the State of Minnesota, exclusive of its choice of law or conflict of law provisions. You agree that the only proper jurisdiction and venue for any dispute with Thrifty, or in any way related to your use of the Site, is in the state and federal courts located in the State of Minnesota. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Thrifty or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to be deemed omitted, and the balance of the agreement shall remain enforceable.
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Site or its services, you agree to inform us in writing and to provide us with sixty (60) days to cure such harm before initiating any action. You must initiate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.
Additional Terms
These Terms, including all other terms and policies referenced herein, constitute the entire agreement between you and Thrifty with respect to the Site and its services. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If you breach any provision of these Terms, you may no longer use the Services provided on this Site. If these Terms or your permission to use the Site and its services is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect to your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms, your sole and exclusive remedy is to discontinue using the Site and its services. You may not transfer or assign any rights or obligations under this agreement. Thrifty may transfer or assign its rights and obligations under this agreement. The Terms inure to the benefit of Thrifty's successors, assigns and licensees. You agree that any electronic notices we send you shall satisfy any requirement that such notices be made in writing.
How to Contact Us:
If you have additional questions, you may contact us by: