Effective Date: March 21, 2020
content and our Service (as defined below).
Please read this Agreement carefully and completely before using, www.BurnhamDrugs.com; refill
services, catalog (collectively, the "Site") or any services or goods provided through or in connection
with the Site or by BURNHAM DRUGS Pharmacy, Inc. or one of its subsidiaries or affiliates
(together with the Site, collectively, the "Service"). By clicking "I Accept" to this Agreement, or by
using the Service (including any access to the Service), you expressly agree to be bound by this
Agreement, by and between you and Burnham drugs, Inc. ("BURNHAM DRUGS," "us" or "we"),
which incorporates by this reference any additional terms and conditions posted by BURNHAM
DRUGS through the Site, or otherwise made available to you by BURNHAM DRUGS. The
information and resources contained on and accessible through the Service are made available by
BURNHAM DRUGS and its suppliers and vendors, and other third parties, in each case subject to
your agreement to the terms and conditions of this Agreement.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION
THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE
DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
By using the Service, you affirm that you are of legal age to enter into this Agreement.
We may update this Agreement by notifying you of such updates by any reasonable means,
including by posting the updated Agreement to the Site. Any changes in updating this Agreement will
not apply to any dispute between you and us arising prior to the date on which we posted the
updated Agreement, or otherwise notified you of such updated Agreement. The "Last Updated"
legend above indicates when this Agreement was last changed. You should periodically review this
page to determine if this Agreement has been updated. Your continued use of the Service following
any updates to this Agreement shall constitute notice and acceptance of any such updates.
About our Health Content
Our health content describes general principles of health care that should not in any event be
construed as specific instructions for individual patients. This material is not intended as a guide to
self-medication or as a substitute for proper medical advice, diagnosis, or treatment. It is for
reference only and should not be used to determine treatment for specific medical conditions--only a
health care provider can do that. The Service and its health related information and resources are
not intended and must not be taken as the rendering of medical, nursing, or professional health care
advice or services, or the practice of medicine, nursing, or professional health care in any
jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse, or
other licensed health care professional. You should also check product information (including
package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before
administering or using any device, drug, herb, vitamin, or supplement discussed on the Service.
You understand and agree that neither BURNHAM DRUGS nor its suppliers or vendors are
responsible for any claim, loss, or damage directly or indirectly resulting from your use of the Service
or the information resources contained on or accessible through the Service.
Proper treatment of health conditions depends upon a number of factors, including, but not limited
to, your medical history, diet, lifestyle, and medication regimen. Your health care provider can best
assess and address your individual health care needs. You should consult with your health care
provider before starting a new diet, fitness, or supplement regimen. IF YOU ARE EXPERIENCING A
MEDICAL CRISIS, PLEASE CALL 911 OR CONTACT YOUR LOCAL EMERGENCY
ASSISTANCE SERVICE IMMEDIATELY.
Information and statements about dietary supplements have not been evaluated by the US Food and
Drug Administration and are not intended to diagnose, treat, cure, mitigate, or prevent any disease
or health condition. BURNHAM DRUGS does not endorse manufacturers' or others' claims about the
efficacy of these products. We specifically disclaim any guarantee or warranty, express or implied,
with respect to any products or services sold, including any warranty of merchantability or fitness for
a particular purpose. No information conveyed by BURNHAM DRUGS either orally or in writing shall
create such a warranty.
Products and Transactions
Please note that references to or descriptions or images of products or services (or related coupons
or discounts) on the Service should not be interpreted as endorsements of such products or services
and such products or services may be made available by BURNHAM DRUGS or by third parties.
Resale of products or services purchased in connection with the Service is specifically prohibited.
We reserve the right to refuse to sell products or services to you if it reasonably appears to us that
you intend to resell such products or services. Verification of information may be required prior to our
acceptance of any order. We further reserve the right to limit quantities of items purchased by each
customer or to refuse to provide any customer with any such items. Your properly completed and
delivered order form constitutes your offer to purchase the goods or services referenced in your
order. Your order shall be deemed to be accepted only if and when BURNHAM DRUGS or its
supplier or vendor sends an order acceptance and shipping notice email to your email address.
Price (including the validity of any discount), quantity, availability of any product or service, and
shipping methods and shipping rates, and any other information, descriptions or images on the
Service regarding any products or services, are subject to change without notice. Certain weights,
measures and similar descriptions are approximate and are for convenience only. We seek to
undertake reasonable efforts to accurately display the attributes of products and services, including
the applicable colors, however the actual colors that you see will depend on your device, and we
cannot guarantee that your device will accurately display such colors. Certain non-prescription order
and/or product returns may incur a restocking fee. In general, offers on the Service are good only
while supplies last. Sweepstakes, giveaways, specials, sales, and other promotions offered at the
Service may not be available in stores. Likewise, sales and specials offered in-store might not be
reflected online. It is your responsibility to ascertain and obey all applicable local, state, and federal
laws (including minimum age requirements) regarding the possession, use and sale of any products
or services on the Service. By submitting any information through the Service in connection with
purchasing any products or services, you grant to us the right to provide such information to third
parties for purposes of facilitating such purchase. Verification of information may be required prior to
the acknowledgment or completion of any transaction. You represent and warrant that you have the
right to use any credit card or other method of payment that you submit in connection with a
transaction in connection with the Service. Further terms and conditions related to transactions in
connection with the Service may apply.
You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in
effect when such charges are incurred, including all shipping and handling charges. In addition, you
are responsible for any taxes applicable to your transactions. If any payment due is not made by
you, BURNHAM DRUGS may, in addition to its other remedies, at its sole discretion and without
notice to you, (a) suspend its performance under this Agreement and your access to and use of the
Service, or (b) terminate this Agreement and your access to and the use of the Service. If legal
action is necessary to collect fees or charges due from you, then you will reimburse BURNHAM
DRUGS for all expenses incurred in collecting the fees and charges, including all attorney fees and
other legal expenses.
For purposes of this Agreement, "Materials" includes user IDs, email addresses, passwords,
comments, photographs, images, graphics, text and data and any other forms of materials or
information submitted by you through or otherwise in connection with the Service, regardless of
whether such information is posted publicly or with password protection.
The Service is not designed or intended to be used as a disaster recovery or emergency data
storage facility and you are responsible for creating and maintaining copies of your Materials
(including any photos, as applicable) prior to posting, uploading or otherwise submitting such
Materials through the Service.
Photo processing services are provided through the Service by a third-party vendor. Without limiting
any other provision of this Agreement, if you post or submit any Materials to the Service in
connection with the photo processing services, and then fail to purchase any photo processing
services for seven hundred and thirty (730) days or longer, the vendor may permanently delete such
BURNHAM DRUGS and its suppliers and vendors are not required to assess or otherwise determine
the validity or legitimacy of any complaints or demands that they may receive regarding any
Materials that you may use or allow others to use in connection with the Service (including Materials
posted or submitted to the Service) before BURNHAM DRUGS and its suppliers and vendors take
any remedial action that they consider, in their sole discretion, to be appropriate.
NEITHER BURNHAM DRUGS NOR ITS SUPPLIERS OR VENDORS CONTROL THE
MATERIALS POSTED OR SUBMITTED TO THE SERVICE, NOR DO WE OR THEY HAVE ANY
OBLIGATION TO MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR
COMPLIANCE WITH APPLICABLE LAWS OR THIS AGREEMENT. YOU MAY FIND SOME OF
THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE
Disclaimer of Warranty
Although BURNHAM DRUGS reserves the right to correct any errors, omissions, or inaccuracies, we
do not accept any responsibility for the accuracy, reliability, currency, or completeness of any
information, content, materials, services, products, merchandise, functionality or other resources
(collectively, "Resources") available on or accessible through the Service (even typographical or
imaging errors), including the substance, accuracy, or sufficiency of any service or product
information listed on the Service. Further, we do not represent that the Service will operate without
interruption or error, nor do we provide any assurances of the availability or usability of the online
BURNHAM DRUGS does not accept any liability for the consequences arising from the application,
use, or misuse of any Resources contained on or made available through the Service, including any
injury and/or damage to any person or property as a matter of product liability, negligence, or
BURNHAM DRUGS further disclaims any responsibility for the accuracy, reliability, currency,
availability, or completeness of any Resources found on any third-party sites that link to or from the
Service, including the weekly circular ads available online. BURNHAM DRUGS also does not accept
any responsibility for technical failures or for unauthorized access of user transmissions or Materials
by third parties.
Your access and use of the Service and any other Internet sites, including any Resources
contained on, or otherwise made available by, them, is solely at your own risk.
BURNHAM DRUGS and its suppliers and vendors will attempt to keep the information, services and
resources accessible through the Service timely and accurate, but make no guarantees, and
disclaim any implied warranty or representation about the Service's accuracy, relevance, timeliness,
completeness, reliability, security or appropriateness for a particular purpose.
BURNHAM DRUGS AND ITS SUPPLIERS AND VENDORS DISCLAIM ALL EXPRESS OR
IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION,
CONTENT, SERVICES, PRODUCTS, MERCHANDISE, MATERIALS, FUNCTIONALITY, AND
ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICE,
INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SUCH
INFORMATION, CONTENT, SERVICES, PRODUCTS, MERCHANDISE, MATERIALS,
FUNCTIONALITY AND OTHER RESOURCES ARE MADE AVAILABLE "AS IS" AND "AS
AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
Without limiting the generality of the foregoing, BURNHAM DRUGS makes no representation or
warranty that the quality of any goods, services, information or other materials purchased or
obtained through the Service will meet your expectations, or that any password protection or other
security measures for Materials that you may use or allow others to use in connection with the
Service will prevent unauthorized access to such Materials, or that any such Materials will not be
accessed or misused by any other party.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
BURNHAM DRUGS OR ITS SUPPLIERS OR VENDORS, OR ITS OR THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS,
LICENSORS, CO-BRANDERS OR PARTNERS (COLLECTIVELY, "BURNHAM DRUGS
PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER
RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS
INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR
OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION
OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE
SERVICE, ANY DEFECTS IN THE SERVICE, OR WITH THE PROVISION OF, OR FAILURE TO
MAKE AVAILABLE, ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, OR OTHER
RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Neither BURNHAM DRUGS nor its suppliers or vendors guarantee the sequence, accuracy, or
completeness of any information or content on this or any other Internet sites and shall not be liable
in any way to you or anyone else who may use the information or content or to whom the information
or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions
therefrom or in the transmission or delivery of all or any part thereof or for any damage arising
therefrom or occasioned thereby.
THE OPERATION OF THE SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND
BURNHAM DRUGS'S OR ITS SUPPLIERS' OR VENDORS' CONTROL. THE OPERATION OF
THE SERVICE, WHETHER BY BURNHAM DRUGS, ITS SUPPLIERS OR ITS VENDORS, MAY
NOT BE SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD
PROTECTION AND ANY OTHER SECURITY MEASURES MAY NOT PREVENT
UNAUTHORIZED ACCESS TO MATERIALS YOU MAY USE OR ALLOW OTHER PERSONS TO
USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS POSTED OR
SUBMITTED TO THE SERVICE.
WITH RESPECT TO PRODUCTS, GOODS, OR SERVICES PURCHASED THROUGH BURNHAM
DRUGS'S SUPPLIERS' AND VENDORS' SITES, IN NO EVENT SHALL ANY BURNHAM DRUGS
PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER,
RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER
PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH
PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
ANY LIABILITY ON THE PART OF THE BURNHAM DRUGS PARTIES, IN THE AGGREGATE,
SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION
OR SERVICE PROVIDED OR $25, WHICHEVER IS GREATER.
You acknowledge and agree that the limitations set forth above are fundamental elements of
this Agreement and the Service would not be provided to you absent such limitations.
You hereby agree to indemnify, defend and hold the BURNHAM DRUGS Parties harmless from any
liability, loss, claim, and expense (including reasonable attorneys' fees) related to or arising out of
your use of the content on the Service, or any Materials that you submit, post, or transmit through
the Service, your use of the Service, your connection to the Service, your violation of this
Agreement, or your violation of any rights of another.
Changes to the Service
BURNHAM DRUGS and its suppliers and vendors may change or modify the information, services, products, materials, and any other resources contained on or accessible through the Service, or discontinue the Service altogether, at any time without notice.
You agree to use the Service only for lawful purposes. You agree not to interrupt or attempt to
interrupt the operation of the Service in any way. Any conduct by you that, in our sole discretion,
restricts, inhibits, or interferes with the ability of any other user to enjoy the Service will not be
tolerated, including by means of hacking or defacing any portion of the Service, or by engaging in
spamming, flooding, or other disruptive activities. You are strictly prohibited from communicating on
or through the Service (including in connection with any Materials) any unlawful, harmful, offensive,
threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent,
sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not
limited to, any material that encourages conduct that would constitute a criminal offense, give rise to
civil liability, or otherwise violate any applicable local, state, national, or international law. We reserve
the right to terminate or suspend your access to and use of the Service, or parts of the Service,
without notice, if we believe, in our sole discretion, that it is in violation of any applicable law or it is
harmful to our interests or the interests, including intellectual property or other rights, of another user or other third party partners, affiliates, sponsors, providers, licensors, or merchants.
You must not post, transmit or otherwise make available through or in connection with the Service
any virus or other computer code, file or program that is potentially harmful or invasive or intended to
damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
You agree to provide true, accurate, current, and complete information in connection with the
Service. It is your responsibility to maintain and promptly update this account information to keep it
true, accurate, current, and complete. If you provide any information that is fraudulent, untrue,
inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such
information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to
suspend or terminate your account without notice and refuse any and all current and future use of
the Service. Because any termination of your access to the Service may be effected without prior
notice, you acknowledge and agree that we may immediately deactivate or delete your account and
all related information and files in your account and bar any further access to such files or the
Service. Furthermore, you agree that we shall not be liable to you or any third party for any
termination of your access to your account or the Service.
You may be asked to supply a user ID and password and other information to register to use all or
part of the Service. We may refuse to grant you a user ID that impersonates someone else, is or
may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or
otherwise offensive, or may cause confusion, as determined by us in our sole discretion. For security
reasons, user IDs and passwords must be non-obvious, hard-to-guess, confidential and changed on
a regular basis, and you must log out at the end of each session. You are responsible for
maintaining the confidentiality of your user ID and password and are fully responsible for all activities
(including purchases, as applicable) that occur in connection with your user ID or password such
that, for all purposes under this Agreement, any activities in connection with your user ID or
password will be deemed to be your activities. You agree to immediately notify us of any
unauthorized use of either your user ID or password or any other breach of security. You further
agree that you will not permit others, including those whose accounts have been terminated, to
access the Service using your user ID or password. All user IDs and passwords remain the property
of BURNHAM DRUGS, and may be cancelled or suspended at any time by BURNHAM DRUGS
without any prior notice or any liability to you or any other person. BURNHAM DRUGS is not under
any obligation to verify the actual identity or authority of the user of any user ID or password. If
BURNHAM DRUGS, in its sole discretion, considers a password to be insecure, then BURNHAM
DRUGS may cancel the password.
You must respond promptly to all email and other correspondence from BURNHAM DRUGS,
including without limitation email and correspondence concerning complaints or concerns regarding
your use of the Service and the use of your account.
we seek to protect the privacy of the personal information that you provided to us through the
When participating in sweepstakes or contests offered through the Service, you are urged to review
the official rules and regulations governing those promotions. All Materials submitted as part of a
contest will be governed by contest rules published with the contest.
You are responsible for obtaining, maintaining and paying for all hardware, software and all
telecommunications and other services needed for you to use the Service.
This Agreement is effective until terminated by either party. If you no longer agree to be bound by
this Agreement, you must cease your use of the Service. Your use of the Service is at your sole risk.
If you are dissatisfied with the Service, its content, or any of the terms, conditions, and policies of
this Agreement, your sole and exclusive legal remedy is to discontinue using the Service.
If you breach any provision of this Agreement, then you may no longer use the Service.
BURNHAM DRUGS or its suppliers or vendors may at any time and for any reason, with or without
cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your
authorization to use the Service and any membership and account you may have; (ii) suspend or
terminate and permanently delete and destroy any user ID, password, URL, IP address or domain
name; (iii) remove from the Service and permanently delete and destroy any Materials (or any
components thereof) that you or others may have posted or submitted to the Service (and for
purposes of this Agreement, "posted" and "submitted" includes transmission on or through the
Internet and in hardcopy format through facsimile or post) for any reason or no reason; (iv) restrict
access to the Materials posted or submitted to the Service and to any account you may have; and
(v) prohibit you from any future use of the Service; all without any prior notice or liability to you or any
If this Agreement is terminated for any reason, then: (a) this Agreement will continue to apply and be
binding upon you in respect of your prior use of the Service (and any unauthorized further use of the
Service), including payment of any charges accrued in connection with use of the Service and your
indemnification obligations; (b) BURNHAM DRUGS may immediately remove from the Service and
permanently delete and destroy any Materials that you or others may have posted or submitted to
the Service without any prior notice or liability to you or any other person; (c) any fees and charges
previously paid by you for unused services will not be refunded; and (d) any rights or licenses
granted to us under this Agreement will survive such termination.
Subject to your compliance with this Agreement, BURNHAM DRUGS grants to you, solely for so
long as you are permitted by us to use the Service, a limited, revocable, non-exclusive, non-
transferable license to access, use and display the Service (including any content or other materials
generally made available through the Service to users of the Service) solely for your personal, non-
commercial use. No title, rights, or interests in any downloaded materials from the Service are
afforded you as a result of such downloading for personal, non-commercial use.
As between you and BURNHAM DRUGS, BURNHAM DRUGS and its suppliers and vendors owns
the Service and all the content on the Service, including text, graphics, legends, customized
graphics, original photographs, data, images, music, audio and video clips, typefaces, titles, button
icons, logos, designs, words or phrases, page headers, and software as well as the design,
coordination, arrangement, enhancement, and presentation of this material. The Service and all the
content on the Service is subject to trademark, service mark, copyright, and/or other intellectual
property rights held by BURNHAM DRUGS and its suppliers and vendors. Any trademark or
copyright notices may not be deleted or altered in any way. BURNHAM DRUGS's trademarks and
copyrights may not be used in connection with any products or services that are not offered by or on
behalf of BURNHAM DRUGS. You acknowledge that these rights are valid and protected in all
forms, media, and technologies existing now or hereinafter developed.
Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, modifying, deleting,
augmenting, distributing, downloading, storing, reproducing, sublicensing, adapting, creating
derivative works of any content available through the Service, or posting this content or selected
portions of this content in any manner on any network computer, broadcast media, or other
technologies existing now or hereinafter developed for unauthorized publication or commercial use
without the prior written consent of BURNHAM DRUGS is strictly prohibited. You hereby agree not to
reproduce, duplicate, copy, sell, resell, decompile, disassemble, or exploit for any commercial
purposes any portion of the Service, use of the Service, or access to the Service, or to collect any
information about Site visitors or users of the Service, or otherwise systematically download and
store Service content. You agree that you will not send, upload, post, reproduce, transmit or
distribute any communication, content or Material of any type through the Service or otherwise to
BURNHAM DRUGS that infringes or violates any rights of any party or violates this Agreement.
If you submit or otherwise provide to BURNHAM DRUGS any communications, content or Material,
including, without limitation, any personal or commercial information, idea, concept or invention, you
hereby irrevocably grant to BURNHAM DRUGS an unrestricted, worldwide, perpetual, sublicensable
(through multiple tiers), royalty-free license to use, reproduce, display publicly, perform, publish,
transmit, distribute and otherwise exploit such Materials in any medium and for any purpose, and
you further agree that BURNHAM DRUGS is free to use any ideas, concepts or know-how that you
or individuals acting on your behalf provide to BURNHAM DRUGS in accordance with the foregoing
license grant. You further irrevocably waive any "moral rights" or other rights with respect to
attribution of authorship or integrity of materials regarding Materials, ideas, concepts or know-how
provided to BURNHAM DRUGS that you may have under any applicable law under any legal theory.
When you send emails or other electronic messages to us or in connection with the Service, you are
communicating with us electronically and consent to our review and analysis of such messages and
to receive return communications, if any, from us electronically. You agree that all agreements,
notices, disclosures and other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
Location Based Services
If you enable location-based services on your computer or other device in connection with your use
of the Service, you expressly consent to BURNHAM DRUGS or its suppliers or vendors collecting
the precise location information of your device. This information will be used as set forth in our
Telephone, Text and Fax Policy
By providing your residential or wireless phone and/or fax number(s) to BURNHAM DRUGS, you
expressly consent to receive marketing and non-marketing autodialed and/or prerecorded calls, text
messages and faxes (including fax advertisements) from or on behalf of BURNHAM DRUGS at the
number(s) provided. Your consent to receive calls or texts on your wireless device is not a condition
of any purchase. Consent may be revoked at any time by calling BURNHAM DRUGS. You may also
send an opt-out request via email to email@example.com with the phone and/or fax
number you wish to opt-out. Your wireless carrier's standard message and data rates may apply.
Text Messaging Terms and Conditions
Burnham Drugs, Inc. or one or more of its affiliates (BURNHAM DRUGS) offers access to pharmacy
and healthcare service messages via recurring SMS (Short Message Service) and MMS (Multimedia
Message Service) text alerts. Enrollment in text alerts requires a patient to provide his or her own
mobile phone number with an area code within the 50 United States or the District of Columbia. By
enrolling to receive BURNHAM DRUGS text alerts, you agree to these terms and conditions, which
become effective upon your enrollment. You may be asked to verify your mobile phone number
before the service will start. This requires responding to a text alert sent to your mobile phone
confirming your enrollment in this Service.
You acknowledge that text alerts will be sent to the mobile phone number you provide to BURNHAM
DRUGS. Such alerts may include limited personal information about your prescriptions, and whoever
has access to the mobile phone or carrier account will also be able to see this information. Once you
enroll, the frequency of text alerts we send to you will vary. You will typically receive text alerts when
we have information for you about your prescriptions or other healthcare information. Burnham
Drugs does not impose a separate charge for text alerts; however, your mobile carrier's message
and data rates may apply depending on the terms and conditions of your mobile phone contract. You
are solely responsible for all message and data charges that you incur. Please contact your mobile
service provider about such charges. The following carriers are supported: AT&T, Sprint, Boost,
Verizon Wireless, U.S. CellularÂ®, T-MobileÂ®, Cincinnati Bell, Alltel, Virgin Mobile USA, Cellular
South, Unicel, Centennial and nTelos. You may opt out of BURNHAM DRUGS text alerts at any
time. To stop receiving text alerts, text STOP to (?????). Texting STOP to (??????) (######?) will
opt you out of any and all future BURNHAM DRUGS text messages. After you submit a request to
unsubscribe, you will receive one final text alert from BURNHAM DRUGS confirming that you will no
longer receive text alerts. No additional text alerts will be sent unless you re-activate your
enrollment. For questions about text alerts, text the word Help to (??????) (######?) or contact your
local BURNHAM DRUGS.
You also can change your text alert preferences on BURNHAM DRUGS.com if you have an account
with prescription management. Sign in and go to your pharmacy main page. Click on the On/Off
button in the Pharmacy Messages section to change your preferences.
The BURNHAM DRUGS text alert programs are offered on an "as is" basis and: (1) may not be
available in all areas at all times; and (2) may not continue to work in the event of product, software,
coverage or other service changes made by your wireless carrier. BURNHAM DRUGS may change
or discontinue any of its text alert programs without notice or liability to you. BURNHAM DRUGS and
its related companies and each of their respective officers, directors and employees are not
responsible and shall not be liable for any losses or injuries of any kind resulting, directly or
indirectly, from any BURNHAM DRUGS text alert program or from technical failures or delays of any
kind. BURNHAM DRUGS reserves the right to cease delivery of text alerts to any person at anytime
in its sole discretion.
Third Party Resources
The Service may contain links to, or otherwise make available, third-party sites, services, products,
information, content, materials, merchandise, functionality and/or other resources ("Third Party
Resources"). These links and access are provided for your convenience and reference only. We do
not control such Third Party Resources and, therefore, we are not responsible for such Third Party
Resources, or any content posted on or made available by such Third Party Resources. Be aware
that BURNHAM DRUGS does not control, makes no guarantees about, and disclaims any express
or implied representations or warranties about such Third Party Resources, including without
limitation the security of any Materials, or the accuracy, relevance, timeliness, completeness, or
appropriateness for a particular purpose of the information or the resources contained on or made
available by such Third Party Resources or any other Internet sites. We reserve the right to
terminate such links or such access at any time. The fact that we offer such links or access should
not be construed in any way as an endorsement, authorization, or sponsorship of such Third Party
Resources, or any content made available thereby. Because some Third Party Resources employ
automated search results or otherwise link you to Third Party Resources containing information that
may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy,
copyright compliance, legality, or decency of material contained in or made available by Third Party
Resources, including the weekly circular ads available online, and you hereby irrevocably waive any
claim against us with respect to such Third Party Resources. Your use of any Third Party Resources
is subject to the Third Party's terms, conditions and policies applicable to such products, services or
materials (such as Terms of Service or Privacy Policies of the providers of such products, services or
materials). BURNHAM DRUGS is not responsible for the privacy and security of any information you
share with that Third Party, including your credit card or payment information. For example, our
photo processing services are provided by Snapfish (or another Third Party) and some delivery
services are provided by a Third Party. When you elect to receive these services from a Third Party,
you agree to hold that Third Party responsible for any unauthorized use or disclosure of your
This Agreement, your use of the Service, all transactions through the Service, and all related
matters, regardless of your location, are governed solely by, and construed solely in accordance
with, the laws of the State of Mississippi, excluding any rules of private international law or the
conflict of laws which would lead to the application of any other laws.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES
ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE
RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND BURNHAM DRUGS OR ITS
SUPPLIERS OR VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT,
STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE
RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL
ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT
BURNHAM DRUGS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU
AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN
INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED
AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS
ACTION. The arbitration will be administered by the American Arbitration Association ("AAA") under
its Consumer Arbitration Rules (currently available at
https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTAGE2021424), as amended
by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or
videoconference, rather than by personal appearances, unless the arbitrator determines upon
request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be
held at a location which is reasonably convenient to both parties with due consideration of their
ability to travel and other pertinent circumstances. If the parties are unable to agree on a location,
such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate
that the costs of arbitration will be prohibitive as compared to the costs of litigation, BURNHAM
DRUGS will pay as much of your filing and hearing fees in connection with the arbitration as the
arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator's
decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have
authority to award temporary, interim or permanent injunctive relief or relief providing for specific
performance of this Agreement, but only to the extent necessary to provide relief warranted by the
individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and
enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
With the exception of any of the language above in this Dispute Resolution provision relating to the
waiver of class and representative actions, if a court decides that any part of this Dispute Resolution
provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still
apply. If a court decides that any aspect of the language above in this Dispute Resolution provision
relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety
of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will
continue to apply and be unaffected by this severability provision.
Copyright Infringement Claims: Notice and Take-Down Procedures
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners
who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If
you believe in good faith that materials available on the Service infringe your rights under U.S.
copyright law, you (or your agent) may send to BURNHAM DRUGS a written notice by mail, e-mail
or fax, requesting that BURNHAM DRUGS remove such material or block access to it. If you believe
in good faith that someone has wrongly filed a notice of copyright infringement against you, the
DMCA permits you to send to BURNHAM DRUGS a counter-notice. Notices and counter-notices
must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see
https://www.copyright.gov/ for details), which, with respect to notices of infringement, currently
include, among other requirements, the following:
1. Sufficient information identifying the copyrighted work(s) believed to be infringed.
2. Sufficient information identifying the allegedly infringing material(s) and the location of such
material(s) in order to permit BURNHAM DRUGS to locate such material(s).
3. A statement from the owner (or the owner's authorized representative) of the copyrighted work(s)
believed to be infringed that such owner or authorized representative has a good faith belief that the
allegedly infringing materials are used in a manner not authorized by the copyright owner, its agent,
or the law.
4. Contact information for the complaining party, including a mailing address, a telephone number
and, if available, an email address.
5. A statement that the information in the notification is accurate and, under penalty of perjury, that
the complaining party is authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the owner (or the owner's authorized representative)
of the copyrighted work(s) believed to be infringed.
Notices and counter-notices must be sent in writing to BURNHAM DRUGS's agent as follows:
Mail: BURNHAM DRUGS/pharmacy, 5001 Main Street
Moss Point, MS 39563
BURNHAM DRUGS's DMCA agent can also be reached at the following phone number: 401-765-
In addition to the rights and privileges described in the terms, conditions, and policies outlined
above, we further reserve the right to elect to electronically monitor areas of the Service and may
disclose any content, records, or electronic communication of any kind if required to do so by any
law, regulation, or government request, if such disclosure is necessary or appropriate to operate the
Service, or to protect our rights or property, or the rights of the users, partners, affiliates, sponsors,
providers, licensors, or merchants. If alerted to allegedly infringing, defamatory, damaging, illegal, or
offensive content, we may investigate the allegation and determine in our sole discretion whether to
remove or request the removal of such content from the Service.
We control the Service from our corporate offices within the United States of America, and the
Service is not intended to subject BURNHAM DRUGS to any non-U.S. jurisdiction or law. By
accessing and using the Service you agree that such access and use is subject to the terms,
conditions, and policies of this Agreement as well as applicable laws. Our failure to insist upon strict
performance of any provision of this Agreement shall not be construed as an implicit waiver of any
provision or right.
If any part of this Agreement is ruled to be unenforceable, then such part shall be severed, with the
remainder of the Agreement remaining in full force and effect. This Agreement constitutes the entire
agreement between you and BURNHAM DRUGS governing your use of the Service. You may not
assign, transfer or sublicense any or all of your rights or obligations under this Agreement without
our express prior written consent. We may assign, transfer or sublicense any or all of our rights or
obligations under this Agreement without restriction.
We hereby notify you that parental control protections (such as computer hardware, software or
filtering services) are commercially available that may assist you in limiting access to material that is
harmful to minors. Information identifying current providers of such protections is available from
https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note
that BURNHAM DRUGS does not endorse any of the products or services listed on such site.
If you have a question or complaint regarding the Service, please see here for information on how to
contact us, or contact us as follows:
5001 Main Street
Moss Point, MS 39563
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento,
CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The Service may contain or make available forward-looking statements within the meaning of the
federal securities laws. In addition, BURNHAM DRUGS Health Corporation and its subsidiaries,
including BURNHAM DRUGS (collectively, "BURNHAM DRUGS Group"), and its and their
representatives may, from time to time, make written or verbal forward-looking statements, including
statements contained in BURNHAM DRUGS Health Corporation's filings with the U.S. Securities and Exchange Commission ("SEC") and in the BURNHAM DRUGS Group's reports to stockholders,
press releases, webcasts, conference calls, meetings and other communications. Generally, the
inclusion of the words "believe," "expect," "intend," "estimate," "project," "anticipate," "will," "should"
and similar expressions identify statements that constitute forward-looking statements. All
statements addressing operating performance of BURNHAM DRUGS Health Corporation or any
subsidiary, events or developments that the BURNHAM DRUGS Group expects or anticipates will
occur in the future, as well as statements expressing optimism or pessimism about future operating
results or events, are forward-looking statements within the meaning of the federal securities laws.
The forward-looking statements are and will be based upon management's then-current views and
assumptions regarding future events and operating performance, and are applicable only as of the
dates of such statements. The BURNHAM DRUGS Group undertakes no obligation to update or
revise any forward-looking statements, whether as a result of new information, future events, or
otherwise. By their nature, all forward-looking statements involve risks and uncertainties. Actual
results may differ materially from those contemplated by the forward-looking statements for a
number of reasons, including those set forth in the Risk Factors section of BURNHAM DRUGS
current Form 10-K filed with the SEC. There can be no assurance that BURNHAM DRUGS has
correctly identified and appropriately assessed all factors affecting its business. Additional risks and
uncertainties not presently known to BURNHAM DRUGS or that it currently believes to be immaterial
also may adversely impact the BURNHAM DRUGS Group. Should any risks and uncertainties
develop into actual events, these developments could have a material adverse effect on the
BURNHAM DRUGS\' business, financial condition and results of operations. For these reasons, you
are cautioned not to place undue reliance on the BURNHAM DRUGS' forward-looking statements.
Voice Service Technology
If you use devices and/or accessories capable of voice service technology, including but not limited
to Amazon Digital Services LLC's ("Amazon") Alexa voice services and/or Google LLC's ("Google")
Google Home products and Google Assistant voice services, to obtain information about BURNHAM
DRUGS, including but not limited to our Services, to locate BURNHAM DRUGS Pharmacies, and/or
to get BURNHAM DRUGS store information, you understand and acknowledge that you are also
subject to and governed by the terms of the applicable third-party and their corresponding devices,
accessories, and/or technology.