Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, and in consideration of the limited license granted below and other consideration the sufficiency of which you hereby acknowledge, you, on behalf of yourself and any person or entity for whom you are using this website and all others who may have rights through you, agree to the following terms and conditions and other applicable law, as well as to our Privacy Policy. If you do not agree to these terms and conditions, you must not use this site. This website is owned and operated by White Drug Co of Jamestown, Inc. as of June 11, 2013. In these terms and conditions, terms such as “we,” “us,” and similar terms refer to White Drug Co of Jamestown, Inc., as well as any of its affiliate entities.
Copyright
The entire content included in this site, including but not limited to text, graphics or code (collectively, “content”) is copyrighted as a collective work under the United States and other copyright laws, and is the property of us. The collective work includes works that are licensed to us by third party licensors. Copyright 2003-2013, White Drug of Jamestown, Inc. , LLC ALL RIGHTS RESERVED. Non-exclusive permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with us or products from us. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with us. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited. If you breach these terms all rights and licenses immediately terminate You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of us used in the site are trademarks or registered trademarks of us or our licensors.
Warranty Disclaimer
In case of emergency dial 911. This site does not provide medical advise, and is not a substitute for your relationship with your doctor. This site and the materials and products on this site are provided "as is", as-available, and without warranties of any kind, whether express or implied. to the fullest extent permissible pursuant to applicable law, white drug co of Jamestown, Inc. (including in all cases our affiliate entities and vendors) disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. We do not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. We do not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. We may discontinue or modify all or any portion of this website at any time, with or without notice.
Limitation of Liability
You agree that none of the “website-related-parties” (defined as us, our affiliates, successors, assigns, vendors, and all of their employees agents and owners) shall be liable for any damage resulting from your use or inability to use this website or the content. This protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. This protection covers all losses including, without limitation, direct or indirect, special, incidental, consequential, exemplary, and punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption. The total, cumulative, liability of the website-related-parties, their officers, directors, employees, agents, suppliers, if any, for losses or damages shall be limited to the amount of your actual damages, not to exceed U.S. $ 1.00 (one dollar). The limit of liability may not be effective in some states. in no event shall the website-related-parties, their officers, directors, employees, agents, or suppliers be liable to you for any losses or damages other than the amount described above. all other damages, direct or indirect, special, incidental, consequential, exemplary, or punitive, resulting from any use of the website or materials are excluded even if the website-related-parties have been advised of the possibility of such damages. You agree that you use this site at your own risk. If you are dissatisfied with this website or the content, your sole and exclusive remedy is to discontinue using the website.
Typographical Errors
In the event that a product or item appearing on this website is mistakenly listed at an incorrect price, White Drug Co of Jamestown, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Your placement of an order is deemed an “offer” which is not accepted until an item is shipped by us and we have received payment. White Drug Co of Jamestown, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, White Drug Co of Jamestown, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
Product Images
All images are for illustrative purposes only. The actual item that you receive may not be exactly like the one shown.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by White Drug Co of Jamestown, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Non-Profit Purchases
In an attempt to mitigate unnecessary transactions, Thrifty White has chosen to institute a "no-refunds" policy as it relates to taxes paid in error by tax-exempt entities. This shall apply when the taxes paid in error are the result of the tax-exempt entity's failure to inform Thrifty White of their status prior to their business transaction(s) with Thrifty White.
In alignment with Minnesota state law, Thrifty White places the burden on the tax-exempt entity to inform Thrifty White of their tax-exempt status and provide documented proof of their status "prior to the business transaction(s)"--this shall be understood to be any time before and/or up to the time in which Thrifty White, in their usual course of business, would charge tax to an entity for a business transaction.
Thrifty White affirms that it is under no obligation to issue a refund to a tax-exempt entity of taxes paid by said entity in the course of their business transaction(s) with Thrifty White when the tax-exempt entity fails to inform Thrifty White of their tax-exempt status prior to the business transaction(s) and consequently pays taxes in the course of their business dealings with Thrifty White.
This shall serve as a notice to all tax-exempt entities of their obligation to inform Thrifty White of their tax-exempt status prior to their business transaction(s) with Thrifty White. Additionally, all tax-exempt entities shall be aware of their ability to seek reimbursement of taxes paid in error form the state of Minnesota by filing a Form ST11 with the Minnesota Department of Revenue.
Notice; Contact Us
White Drug Co of Jamestown, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to White Drug Co of Jamestown, Inc. You may contact us as follows:
Customer Service Email or at 701-591-3030
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Minnesota, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of White Drug Co of Jamestown, Inc. products) shall be in the state or federal courts located in Hennepin County, Minnesota. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of White Drug Co of Jamestown, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. White Drug Co of Jamestown, Inc’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. White Drug Co of Jamestown, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you. You agree that if you believe you have any claim against us, you shall pursue such claim in your individual capacity only, and not as part of any class or collective action. All terms and conditions which by their nature are intended to survive expiration or termination of this agreement for any reason do so survive.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a White Drug Co of Jamestown, Inc. employee or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You further agree:
1. not to use this Website or Content in any way not explicitly permitted by these Terms or the text of the website itself;
2. not to copy, modify or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use;
3. not to misrepresent your identity or provide us with any false information in any information-collection portion of this website, if any;
4. not to take any action intended to interfere with the operation of this website;
5. not to access or attempt to access any portion of this website to which you have not been explicitly granted access;
6. not to directly or indirectly authorize anyone else to take actions prohibited in this section; and
7. to comply with all applicable laws and regulations while using this website or the Content. You represent and warrant that you are at least 18 years of age.
Participation Disclaimer
White Drug Co of Jamestown, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, White Drug Co of Jamestown, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, White Drug Co of Jamestown, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to White Drug Co of Jamestown, Inc. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless White Drug Co of Jamestown, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, White Drug Co of Jamestown, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with us, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of White Drug Co of Jamestown, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, White Drug Co of Jamestown, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Returns
TheOnlineDrugstore.com offers the following Returns Policy: All items are returnable as long as it is within 30 days of the purchase. Please inform us of any problems in a timely manner and we will work with you personally to resolve any issues. Returned items should be shipped to:
The Online Drugstore
387 11th ST S, Ste 4
Wahpeton, ND 58075