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Terms of Use

Table of contents

Terms of Use
Use of Information
Products: availability and labeling changes
Products containing pseudoephedrine
Minors
Credit Card Fraud
Copyright/Trademarks
Product Disclaimer
No Warranty
Limitation of Liability
Links to Other Sites
Availability
Termination
Your Comments
Disclaimer

Terms of Use

WellPoint NextRx Over the Counter website (NextRx OTC), on behalf of NextRx and WellPoint Health Networks, Inc. and its affiliates or partners (hereinafter “WellPoint”), owns and operates the NextRx Over the Counter web site as a service to the Internet community. Access to and use of information presented on this web site is subject to the following terms and conditions (“Terms of Use”) together with the terms of the Privacy Statement as it appears elsewhere on this web site. Wellpoint NextRx may revise both the Terms of Use and the Privacy Statement at any time. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS WEB SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND TO BOTH THE TERMS OF USE SET FORTH BELOW AND THE PRIVACY STATEMENT. IF YOU DO NOT AGREE TO THE TERMS OF USE BELOW OR THE PRIVACY STATEMENT, PLEASE DO NOT ACCESS THE WEB SITE OR ANY PAGES THEREOF.

Use of Information

NextRx and Wellpoint reserve the right to make changes to this web site and the policies and conditions that govern the use of this web site at any time. Your continued access or operation of the NextRx OTC web site shall be deemed acceptance of these changes and the reasonableness of these standards for notice of changes. Unauthorized use of the web site and systems including without limitation the unauthorized entry into NextRx or WellPoint’s systems, misuse of passwords, or misuse of any information posted on the web site is strictly prohibited.


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Product availability and labeling changes:

All products are subject to availability. Products may be changed or discontinued at any time without warning. NextRx is not subject to liability due to product changes or lack of availability. NextRx reserves the right to limit quantities, change or cancel the products sold and terms at any time, without notice. Because there may be conflicting claims on the merits of these supplements, please talk to your physician before taking supplements, especially if you are pregnant, nursing or have a serious medical condition.

Products containing pseudoephedrine.

Due to numerous laws restricting the sale of products that contain pseudoephedrine via mail order or the internet, NextRx has discontinued the sale of these items. Please note there are now many decongestants that have alternative decongestant active ingredients, to see these products please go to our allergy section.

Minors

It is our intent not to sell to persons under the age of 18 and it is our policy not to do so. We sell children's products for purchase by adults. If you are under 18, you may use NextRx OTC.com only with the involvement of a parent or guardian.

Credit Card Fraud

Under the Fair Credit Billing Act, you cannot be held liable for more than $50.00 of fraudulent charges. If your credit card provider requires payment of any of this $50.00 amount as a result of a purchase made at our web site's secure server, we will reimburse you up to that $50.00 limit upon presentation of the original credit card charge and description.

Copyright/Trademarks

NextRx owns and operates this web site and the services available on this web site. It is the policy of NextRx to enforce its intellectual property rights to the fullest extent permitted by law. All the content included on this web site, including all the text, graphics, photographs, logos, buttons, icons, images, sounds, and data, is the property of NextRx, its licensors or its content suppliers, and is protected by U.S. and international copyright and trademark laws. The collection, arrangement and assembly of all content on this web site is the exclusive property of NextRx or its suppliers and is protected by U.S. and international copyright laws. You may only use the content available on this web site for personal shopping and as a data gathering resource. You may not copy, publish, distribute, download, modify, reuse, create derivative works of, or commercially exploit the content of this web site, or use the web site for any other purpose. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, make copies of portions of the content solely for your own non-commercial use, provided you do not modify or delete any proprietary notices contained in the content. The use or misuse of copyrights, trademarks, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations.

Use of NextRx trademarks is unauthorized without the express written permission from NextRx. NextRx trademarks may not be used for any purpose without the express written consent of NextRx. All other trademarks, product names, and company names and logos appearing on this web site are the property of their respective owners.

WellPoint, NextRx and related logos are service marks or trademarks of WellPoint. WellPoint has the sole right to use such trademarks and nothing on this website grants any license or right to use such trademarks without WellPoint's express written consent.

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Product Disclaimer

The NextRx OTC web site is designed to provide a general overview about NextRx OTC and its products to a wide variety of audiences. The information contained in these pages is not intended to provide medical advice or instruction on the appropriate use of any product displayed on this web site. This web site provides general health information for reference only and it should not be used to determine treatment for specific medical conditions. You should read carefully all product packaging. You are urged to consult with your treating physicians if you have or suspect that you have a medical problem.

No Warranty

THIS PUBLICATON, TOGETHER WITH THE INFORMATION AND MATERIALS CONTAINED IN THIS WEB SITE, INCLUDING TEXT, GRAPHICS OR OTHER ITEMS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND FREEDOM FROM COMPUTER VIRUS. ACCESS TO THE WEB SITE AND USE OF ALL INFORMATION IS AT YOUR OWN RISK.

NextRx AND WELLPOINT DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION FOUND ON THIS WEB SITE OR THAT SUCH INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS WEB SITE WILL SATISFY A USER'S REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR. STATEMENTS ABOUT SOME PRODUCTS AND HEALTH CONDITIONS HAVE NOT BEEN EVALUATED BY THE U.S. FOOD & DRUG ADMINISTRATION. NextRx AND WELLPOINT DO NOT ENDORSE MANUFACTURERS' OR OTHERS' CLAIMS ABOUT THE EFFICACY OF THESE PRODUCTS, NOR DO NextRx AND WELLPOINT MAKE ANY GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD. BECAUSE MEDICAL INFORMATION CHANGES RAPIDLY, SOME INFORMATION ON THIS SITE MIGHT BE OUT OF DATE AND NextRx AND WELLPOINT EXPRESSLY DICLAIM ANY DUTY TO UPDATE SUCH INFORMATION.


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Limitation of Liability

UNDER NO CIRCUMSTANCES WILL NextRx OR WELLPOINT BE LIABLE FOR DAMAGES OF ANY KIND, NATURE OR DESCRIPTION, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, LOSSES OR EXPENSES (EVEN IF NextRx OR WELLPOINT HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (I) YOUR USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, (II) OR RELATE TO ANY INFORMATION POSTED ON OR REFERENCED IN THE NextRxOTC WEB SITE OR ANY LINKED SITE, (III)UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE OR ANY LINKED SITE, (V) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, OR (VI) ANY OTHER MATTER RELATING TO THE INFORMATION, SERVICES OR PRODUCTS OFFERED ON THIS WEB SITE OR ANY LINKED SITE. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH ANY OF YOUR USE OF THIS WEB SITE, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THIS WEB SITE.

The aggregate liability of NextRx or Wellpoint, or any of its licensors or content suppliers, shall not exceed the fees paid by you for the particular information, service, or product provided. If you are dissatisfied with any of the information, products or services, or with any of the Terms of Use or Privacy Statement as they appear on this Web Site, your sole and exclusive remedy is to discontinue using this site.

If any provision of this Limitation of Liability is held to be illegal or unenforceable, then such section shall be eliminated or limited to the minimum extent necessary and the remainder, including any revised portion, shall remain and have full force and effect.


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Links to Other Sites:

NextRxOTC MAY PROVIDE LINKS TO OTHER SITES THAT OFFER USEFUL INFORMATION AND SERVICES. HOWEVER, THE LINKED SITES MAY NOT BE UNDER THE CONTROL OF NextRx OR WELLPOINT; AND THEREFORE, NextRx AND WELLPOINT ARE NOT RESPONSIBLE AND DISCLAIM ANY LIABILITY FOR ANY OF THE CONTENT, INFORMATION, PRODUCTS, SERVICES, PRIVACY POLICIES OR ACTIONS OF ANY THIRD PARTIES WHO CONTROL THE ACTIVITIES OF SUCH THIRD-PARTY SITES, NOR IS NextRx OR WELLPOINT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THE LINKED SITES. NextRx provides the links to you only as a convenience. NextRx and WellPoint do not endorse or otherwise recommend any products or services offered by, or information contained in, the linked sites. We suggest contacting the relevant parties controlling these sites or accessing their online policies for the relevant information about their data collection, privacy policy and terms of use that govern such web sites.


Governing Law

Use of the NextRx OTC web site and purchases of products from this site or NextRx shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of law provisions. Any legal action or proceeding between you and NextRx or WellPoint shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Tarrant County, Texas.


Availability

This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

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Termination:

The Terms of Use and Policy Statement, as may be subsequently amended, are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use or Policy Statement, you must cease your use of the Web Site. NextRx reserves the right to suspend or terminate, in NextRx’s sole discretion, your ability to access all or any portion of the Web Site with or without notice. In the event NextRx should suspend or terminate your access to the Web Site, NextRx or WellPoint shall not be liable to you for any such termination of your access to the Web Site.

Your Comments:

Feel free to contact Wellpoint with questions or comments about NextRxOTC.com, the Terms of Use or Privacy Statement, the practices of this web site, or your dealings with this web site.

NextRx-OTC

PO BOX 961009
Ft Worth TX 76161-0009


Phone: 866-403-6179

email: customerservice@nextrxotc.com

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Disclaimer

Information on this web site is provided for informational purposes only and is not a substitute for professional medical advice. You should not use the information on this web site for diagnosing or treating a medical or health condition. You should carefully read all product packaging. If you have or suspect you have a medical problem, promptly contact your professional healthcare provider.

Statements and information regarding dietary supplements have not been evaluated or approved by the Food and Drug Administration. Please consult your healthcare provider before beginning any course of supplementation or treatment.

© 2003 NextRx, Inc. All rights reserved. Privacy Statement and Terms of Use
WellPoint NextRX is a service mark of WellPoint, Inc. Services are provided by a WellPoint PBM (either Professional Claims Services Inc., doing business as WellPoint Pharmacy Management, or Anthem Prescription Management, LLC, as appropriate). WellPoint NextRx is a division of WellPoint, Inc.

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