Terms of Use

1. Purpose of the Website

The Site is provided to offer general information about ABC Drugs and our pharmacy services, support communications with our pharmacy, and facilitate certain online service requests.

The Site may be used to:

• Learn about ABC Drugs and our services
• Submit prescription refill requests
• Submit prescription transfer requests
• Contact our pharmacy
• Request insurance or pharmacy assistance
• Access general educational health and medication information
• Improve communication between our pharmacy and the community

Use of the Site does not, by itself, create a pharmacist-patient, physician-patient, or other healthcare-provider relationship beyond services otherwise provided directly by ABC Drugs.

2. Eligibility and Authorized Use

By using the Site, you represent that:

• You are at least 18 years of age;
• You are the parent or legal guardian of a minor for whom you are submitting information; or
• You are otherwise legally authorized to act on behalf of another individual.

You agree to provide accurate, complete, and current information when using online forms or requesting services. Providing false, misleading, incomplete, or fraudulent information may result in denial of service or restriction of access to certain Site features.

3. Prescription and Pharmacy Requests

The Site may allow visitors to submit requests for prescription refills, prescription transfers, insurance assistance, delivery information, and general pharmacy inquiries.

Submitting an online request does not guarantee:

• Medication availability
• Insurance coverage
• Prescription approval
• Refill authorization
• Prescription transfer completion
• Same-day processing or delivery
• Acceptance of a particular insurance plan

Additional information, identity verification, prescriber approval, insurance verification, payment, or direct communication with the pharmacy may be required before a request can be completed.

4. No Medical Advice

Content available on the Site is provided solely for general educational and informational purposes. Nothing on the Site should be interpreted as individualized medical advice, diagnosis, treatment, or a recommendation concerning a specific medication or medical condition.

Always consult a physician, pharmacist, or other qualified healthcare professional regarding medications, symptoms, medical conditions, treatment decisions, and possible side effects or interactions.

Do not disregard or delay seeking professional medical advice because of information viewed on the Site.

5. Medical Emergencies

The Site and its online forms are not intended for emergency communications, urgent clinical questions, or time-sensitive medication issues.

6. Intellectual Property

Unless otherwise stated, all content and materials available on the Site—including text, graphics, logos, icons, images, videos, documents, website design, layout, software, and educational materials—are owned by, licensed to, or used with permission by ELDERBERRY PHARMACY INC. d/b/a ABC Drugs.

Such materials are protected by applicable copyright, trademark, and other intellectual property laws.

You may view, download, or print limited portions of the Site solely for lawful personal and non-commercial use. Without prior written permission, you may not:

• Copy or reproduce Site content
• Modify or create derivative works
• Distribute, publish, transmit, or publicly display content
• Sell, license, or commercially exploit Site content
• Remove copyright, trademark, or proprietary notices

7. Acceptable Use

You agree not to use the Site to:

• Violate any applicable law or regulation
• Submit false, misleading, fraudulent, or unauthorized information
• Impersonate another person or misrepresent your authority
• Attempt unauthorized access to accounts, systems, or data
• Introduce malware, viruses, or malicious code
• Interfere with or disrupt Site operation or security
• Collect personal information about other users
• Test or circumvent security measures without authorization
• Use bots, scraping tools, automated scripts, or similar technology to extract Site content for unauthorized commercial purposes

Reasonable indexing by legitimate search engines and publicly disclosed automated crawlers that follow applicable Site directives, such as robots.txt or similar technical instructions, is not prohibited by this section.

8. Privacy

Your use of the Site is also governed by our Privacy Policy , which explains how information may be collected, used, disclosed, and protected.

By using the Site, you acknowledge that you have had the opportunity to review the Privacy Policy.

9. Third-Party Links and Services

The Site may contain links to third-party websites or services, including government agencies, healthcare organizations, social media platforms, mapping services, insurance resources, or educational materials.

Third-party websites are not controlled by ABC Drugs. We are not responsible for their content, security, availability, terms, products, services, or privacy practices. Access to third-party websites is at your own discretion and subject to the third party’s policies.

10. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Site and all content, features, and services made available through it are provided on an “as is” and “as available” basis.

ABC Drugs disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, reliability, and security.

We do not guarantee that:

• The Site will always be available or uninterrupted
• The Site will be free from errors or omissions
• All content will always be current, complete, or accurate
• The Site will be free from harmful components
• An online request will be received, approved, or completed

11. Limitation of Liability

To the fullest extent permitted by applicable law, ELDERBERRY PHARMACY INC. d/b/a ABC Drugs and its employees, pharmacists, officers, directors, affiliates, contractors, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to:

• Your use of or inability to use the Site
• Errors, omissions, or outdated Site content
• Temporary Site interruptions
• Reliance on educational information presented on the Site
• Unauthorized access caused by circumstances beyond reasonable control
• Third-party websites, services, or content

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

12. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ELDERBERRY PHARMACY INC. d/b/a ABC Drugs, its employees, pharmacists, officers, directors, affiliates, contractors, and service providers from claims, liabilities, losses, damages, judgments, costs, or expenses arising out of or related to:

• Your violation of these Terms
• Your misuse of the Site
• Your violation of applicable law
• Your infringement of another person’s rights
• Information you submit through the Site

13. Governing Law and Venue

These Terms are governed by and interpreted under the laws of the State of New York, without regard to conflict-of-law principles.

Subject to applicable law, any legal action arising from or relating to these Terms or use of the Site must be brought in a state or federal court located in New York County, New York, and you consent to the jurisdiction and venue of those courts.

14. Changes to These Terms

We may update these Terms periodically to reflect changes in Site functionality, pharmacy operations, technology, security practices, or legal requirements.

When revisions are made, the “Last Updated” date at the top of this page will be changed. Continued use of the Site after revised Terms become effective constitutes acceptance of the revised Terms.

15. Severability and Waiver

If any provision of these Terms is found invalid, unlawful, or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

Failure by ABC Drugs to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

16. Contact Us

For questions regarding these Terms of Use or legal inquiries related to the Site, contact: