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Terms of Use

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Welcome to www.kerrdrug.com.  Please read these Terms of Use (the “Terms”) carefully, as they explain the terms and conditions that you accept when you visit or use this web site (the “Site”).  Kerr Drug, Inc. and its affiliates (“Kerr”) provide you access to the Site subject to your agreement and compliance with the Terms.  By visiting or using the Site, you agree to be bound by the Terms.  If you do not agree with the Terms, please do not visit or use the Site.  Kerr may update or revise the Terms at any time and for any reason.  If the Terms are updated or revised, the new Terms will be posted on the Site along with the date the Terms were last updated or revised.  Your use of the Site after new Terms are posted will constitute your binding acceptance of the new Terms. 

Ownership of Site and Content

The Site and all of the information, text, data, graphics, images, logos, audio, video and any other items included in or accessible from the Site (collectively, the “Content”) is owned by Kerr or other content providers and protected by United States and international copyright, trademark, and other intellectual property laws.  Kerr reserves all available legal rights in the Content. 

Restrictions on Use

You have the non-exclusive right to use the Content only for your own personal and noncommercial use.  You may not copy, download, transmit, publish, imitate, modify or create any derivative works from the Content without the prior written permission of Kerr, which consent may be withheld for any reason.  Any unauthorized use of the Content is strictly prohibited. 

You agree that your use of the Site is solely at your own risk and that Kerr will not be responsible or liable for any damages suffered by you or a third party in connection with your use of the Site.  You agree to use the Site only for lawful purposes and to comply with all applicable national, state or local laws, statutes, regulations and ordinances. You may not use any device, software or other method to interfere with or attempt to interfere with the proper working of the Site or otherwise prevent another user from using and enjoying the Site.  Kerr may terminate your use of the Site without notice if Kerr believes, in its sole discretion, that you have violated any of the Terms. 

Any health or medical information contained in the Content (the “Health Content”) is provided for informational purposes only and should not be relied upon as accurate, complete, or applicable to you.  The Health Content is not and should not be used as a substitute for medical advice or services provided by a properly licensed health care professional.  You should consult your health care professional before making any changes to your medications, diet or fitness regimen.  In addition, before using any product referenced in the Health Content, you should review all product information and follow all directions included with the product.

Third Party Sites

The Site may contain links to web sites owned or operated by independent third parties (the “Third Party Sites”).  The fact that the Site may contain links to the Third Party Sites does not mean that Kerr endorses the products, services, or content offered at the Third Party Sites.  Kerr does not control the Third Party Sites, and therefore Kerr does not accept any responsibility or liability for the quality, content, nature or reliability of the Third Party Sites.  When you visit a Third Party Site, you should immediately review its terms of use and privacy policy before using other portions of the Third Party Site. 

Advertisements

The Site may contain advertisements or other information that displays or references products and services of Kerr and other vendors.  References to or displays of such products and services should not be interpreted as a recommendation or endorsement of such products and services.  References to or displays of such products and services does not guarantee the availability or pricing of such products and services in Kerr’s physical store locations.   Kerr disclaims title to the logos or trademarks of any third party.

Disclaimers

THE SITE AND THE CONTENT ARE PROVIDED ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS.  KERR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THE SITE OR THE CONTENT.  FURTHERMORE, KERR DOES NOT MAKE ANY REPRESENTATION, WARRANTY, PROMISE, OR GUARANTEE, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, CORRECTNESS, OR RELIABILITY OF THE SITE AND THE CONTENT.  KERR DOES NOT GUARANTEE THAT THE SITE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.  KERR DOES NOT GUARANTEE THE SITE OR THE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, KERR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.  THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

KERR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS OR SERVICES REFERENCED IN THE SITE, THE CONTENT, OR THE THIRD PARTY SITES.  THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  PRICING AND AVAILABILITY OF PRODUCTS ADVERTISED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

ANY CONTENT YOU ACCESS OR DOWNLOAD IS AT YOUR OWN RISK.  YOU AGREE THAT KERR IS NOT RESPONSIBLE OR IN ANY WAY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER DAMAGE THAT OCCURS DUE TO SUCH ACCESS OR DOWNLOADS.  

Limitation of Liability

To the fullest extent allowed by applicable law, in no event shall Kerr be liable to you or any other person for any direct, indirect, incidental, special, consequential or punitive damages or any other type of damages arising out of or connected with the use or Content of the Site, whether based on breach of contract, negligence, strict tort liability, product liability, or otherwise.

Indemnification

You agree to indemnify and hold Kerr harmless from any claim, loss, or damages (including attorneys’ fees) made or incurred by any third party and arising out of your violation of the Terms.

Privacy

In addition to the Terms on this page, please review the Privacy Policy, which explains Kerr’s privacy practices when you visit and use the Site.

General Provisions

If any portion of the Terms is deemed invalid, void, or unenforceable by a court law, that portion will be eliminated and the remaining portions of the Terms will remain valid and continue in full force and effect.

The failure of Kerr to enforce or exercise any provision of the Terms shall not be considered a waiver of any right or provision in the Terms. 

The Terms shall be governed by and interpreted in accordance with the laws of the State of North Carolina, without regard to its conflicts of law rules.  Regardless of where you access the Site, you agree that any litigation arising out of or related to the Site shall be exclusively in the state or federal courts located in Wake County, North Carolina.

The Terms constitute the entire agreement between you and Kerr regarding your use of the Site.

If you have any questions about the Terms, please contact customerrelations@kerrdrug.com.  

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