Glades Drugs

Terms and Conditions

PLEASE PRINT AND RETAIN A COPY FOR YOUR RECORDS

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE THE RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION, BELOW.

Questions? Contact a Glades Drugs Customer Care Representative toll-free at 844-GLADES-1.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE COMPLETING A REQUEST FORM. YOUR COMPLETION OF A REQUEST FORM CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT COMPLETE A REQEUST FORM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND THE POSTED PRIVACY POLICY, DO NOT COMPLETE A REQUEST FORM, PROVIDE ANY INFORMATION OR USE ANY OF THE GLADES DRUGS’ PRODUCTS OR SERVICES.

Any purchases made from Glades Drugs, Inc. (“Glades Drugs” or “Company”) are governed by these Terms and Conditions (“Terms”). These Terms form a legally binding agreement and govern your purchase of any/all Glades Drugs’ prescriptions (the “Product” or “Products”). These Terms are entered into by entered into by the customer that accepts these Terms and Glades Drugs, located at 109 S. Lake Ave, Pahokee, FL 33476. You must be at least 18 years old to purchase products from Glades Drugs. Glades Drugs reserves the right in its discretion to revise the Terms from time to time. If you do not wish to be bound to these Terms, please do not purchase any Products from the Company.

1. General Information

When you fill out a Request Form and/or speak with one of our representatives, you agree to be bound by these Terms, and agree that Glades Drugs and third-parties with whom the Company has a contract to assist with the facilitation of your request for the products and/or services you are interested in may collect such information as your first name, last name, email address, street address, postal/zip code, home telephone number and/or mobile telephone number, date of birth, and sensitive health insurance-related information. When you fill out a Request Form and/or speak with one of our representatives, you also expressly authorize Glades Drugs to speak to your health insurance provider and your physician to determine your eligibility for Products.

Glades Drugs respects your privacy and the use and protection of your personal information. Please see our Privacy Policy, which is expressly incorporated herein by reference, for important information and disclosures relating to the collection and use of your personal information in connection with the Company’s products and services. If you have any questions regarding Glades Drugs’ privacy practices, you may contact us at 844-GLADES-1.

Prescriptions are often times covered by commercial, group and some Medicare Part D health insurance plans. The Company’s licensed pharmacists combine pharmaceutical grade ingredients. The topical cream is applied to the area of inflammation and is absorbed through the skin.

2. Charges, Delivery, Cancellation and Refund Policy

If you have a co-pay, Glades Drugs will phone you to collect it prior to shipping your Product. If we cannot reach you, your Product will not be shipped. If you provide Glades Drugs with a credit card and authorization, the Company will send you a new supply of the Product automatically and continuously every 30 days, billing you in the amount of your co-pay every month, until you cancel. We accept credit cards, checks or money orders. In the absence of your consent to automatically bill you in the amount of your co-pay, Glades Drugs will phone you every month before refilling your prescription. If you do not have a co-pay, your Product will be automatically shipped to you every month, until you cancel. At your request, we can change your delivery schedule from monthly, to bi-monthly or quarterly, at any time. There are no minimum quantity requirements.

We want you to be completely satisfied with every item that you purchase from Glades Drugs, which is why we offer a liberal co-pay refund policy. If you are not satisfied with the Product or our service, you may cancel at any time. You may be eligible for a full co-pay refund for the most recently shipped Product if you notify Glades Drugs within thirty (30) days of receipt thereof. Note, however, that we cannot, however, reverse insurance claims. For questions or to cancel anytime, simply notify us via telephone by dialing 844-GLADES-1 or via email at info@gladesdrugs.com. Upon cancellation, your account will be terminated, no further shipments will be made and no further charges will be incurred. Shipping is free for all orders. Refunds are typically made in the same method used to place the order.

I UNDERSTAND THAT I MAY BE LIABLE FOR PAYMENT OF FUTURE PRODUCTS, UNDER THE TERMS OF THIS AGREEMENT, IF I FAIL TO NOTIFY GLADES DRUGS NOT TO SUPPLY THE PRODUCTS DESCRIBED. BY PLACING MY ORDER, I THEREFORE EXPRESSLY AUTHORIZE FUTURE CHARGES AGAINST MY CREDIT CARD UNLESS I CANCEL.

3. Health Disclaimer

THE PRODUCT HAS NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. Information provided by Glades Drugs is not intended to be interpreted as medical advice or an express/implied guarantee that you will achieve the desired results, nor is it intended to diagnose, treat, cure or prevent any health problem or disease. Individual users may not be expected to achieve the same or similar results as others who have used the Product. No product will work for every individual as everyone has different constitutions, sensitivities, allergic reactions and possible health conditions. No guarantees of any kind are made for the performance or effectiveness of the Product. Always consult with your health care provider. If you are pregnant, nursing, taking prescription medication or have any medical condition, we suggest consulting with your doctor or primary care physician before using the Product.

4. Customer Care

If you have any questions, please call us at 844-GLADES-1 or contact us via email at info@gladesdrugs.com. You may also write to us at: Glades Drugs Customer Care
109 S. Lake Ave, Pahokee, FL 33476.

5. Account

You represent and agree to provide true, accurate, current and complete information about yourself when completing a Request Form and creating an account (“Account”). If you provide or Glades Drugs has reasonable grounds to suspect that you have provided information that is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account with no prior notice. You agree that Glades Drugs reserves the right at any time to discontinue Product production, with or without notice. You agree that the Company shall not be liable to you or to any third party for any such discontinuance. Availability of Products is subject to change without notice. Errors may be corrected when discovered, and the Company reserves the right to revoke any stated offer in order to correct any errors or inaccuracies.

6. Indemnification

You agree to indemnify and hold Glades Drugs and its subsidiaries, affiliates, officers, agents, and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys’ fees), based upon, arising from or related to (a) content submitted, transmitted, posted or otherwise made available by you or any other person using your Account; (b) your breach or attempted breach of these Terms; or (d) your violation of any third party rights.

7. Disclaimer of Warranties: Limitation of Liability

THE PRODUCTS OFFERED BY GLADES DRUGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND ON YOUR USE OF ANY PRODUCTS PURCHASED, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), BASED UPON, ARISING FROM OR RELATED TO: (A) ALTERATION OF YOUR INFORMATION OR ACCOUNT; OR (B) YOUR FAILURE TO KEEP YOUR ACCOUNT SECURE AND CONFIDENTIAL. IF YOU DO NOT BELIEVE THAT A PRODUCT OFFERED BY GLADES DRUGS WAS ACCURATELY DESCRIBED OR YOU ARE OTHERWISE DISSATISFIED WITH IT, YOUR SOLE REMEDY IS TO CANCEL YOUR ACCOUNT AND REQUEST A REFUND IN ACCORDANCE WITH THE CANCELLATION AND REFUND POLICY SET FORTH HEREIN.

CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

8. Dispute Resolution, Mandatory Arbitration and Class Action Waiver

These Terms will be interpreted in accordance with the laws of the State of Florida, without regard to conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to these Terms and the Glades Drugs Privacy Policy (other than those filed in small claims court), its interpretation, performance, breach or the use/transfer of your personally identifiable information by us and/or third party transferees thereof, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA’) in a location convenient to you. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. Glades Drugs will pay all of the forum costs, including arbitrator fees; provide for the selection of a neutral arbitrator, and meaningful discovery; and require a written award to allow for adequate judicial review. However, reasonable attorneys’ fees shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Palm Beach County, Florida: (i) any dispute, controversy, or claim relating to or contesting the validity of the Company’s proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You expressly agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity or consolidated claims involving the use and/or transfer of your own or another person’s personally identifiable information if we and/or related third party transferees are parties to the proceeding. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. You shall have thirty (30) days from the date that you submit your personally identifiable information to opt-out of this arbitration agreement. In order to opt out of arbitration you must contact us at info@gladesdrugs.com. If more than thirty (30) days has passed, you are not eligible to opt out of arbitration. Any claim that all or part of this class action waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

9. Statute of Limitations

Any cause of action arising out of or related to your purchase of Glades Drugs’ Products must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Effective: January 1, 2015