Marley Drug Terms of Use

These terms of use (“Terms of Use”) govern the use of Marley Drug’s website and associated services. You may not use this website if you do not accept and comply with these Terms of Use. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within the Terms of Use, HIPAA Notice and Privacy Policy. If you do not agree to be bound by these terms, you may not access this website or the associated services. If any of the Terms of Use are deemed by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Marley Drug and yourself.

Marley Drug may make changes to these Terms and Conditions at any time. Changes will be reflected in the revised Terms and Conditions which will be posted on Marley Drug’s website. Check Marley’s Drug website for changes to these Terms and Conditions. Continuing to use this site and associated services following the posting of amended Terms and Conditions constitutes your acceptance of the terms.

Privacy

You agree that all information which you provide to Marley Drug in connection with your use of this site and services is governed by the Marley Drug Website Privacy Policy.

Use of Insurance

Marley Drug does not accept insurance for mail order prescriptions. You shall be solely responsible for all applicable charges and taxes related to purchases made by you through Marley Drug’s websites and associated services.

Availability of Services

Marley Drug’s website and associated services are available in the Uniter States and its territories and not in any other countries. Marley Drug may not offer services in certain states and territories where it is not permitted.

Orders and Purchases

Product shipping will take place after an order is placed, confirmed and authorization of your form of payment is received. Orders will not be confirmed until Marley Drug receives all information necessary to validate, ship and collect payment for a prescription. We do not accept orders without a valid prescription. If for any reason we cannot ship your product within thirty days following our receipt of a complete order we will cancel your order and contact you to inform you.

Payment information

We accept all major U.S. issued credit and debit cards, including Visa, Mastercard, Discover and American Express. You represent and warrant that you have the legal right to use any credit or debit card or other method of payment in connection with any purchase. In order to accept your credit card payment you may be asked to provide your credit card number, expiration date of your credit card, billing address and shipping information. Further information regarding the use and security of your information may be found in our Privacy Policy. We use third party services to facilitate payments. By submitting your information, you grant us permission to provide the information to these third parties subject to our Privacy Policy.

Risk of Loss

All Products purchased from our website are delivered to you via USPS Priority Mail or USPS Priority Mail Express. The risk of loss and title for all products passes to you upon delivery to USPS.

Use of Our Website

You may not use our website if you are younger than 18 years of age. By using our website, you represent and warrant that you are older than 18 years old. When you create your Marley Drug account you agree that the information that you provide must be complete, accurate and true. Your username and password must be always kept confidential. You are responsible for the confidentiality of your username and password. Passwords should never be shared with anyone. You are responsible for all activities which occur under your account. You agree to notify Marley Drug of any unauthorized use of your login information or suspected security breach which you become aware of. Marley Drug may revoke your access to the website at any time. All users are prohibited from attempting to violate the security of the site in any way.

User Conduct

You agree not to use this website to transmit any information that is false, harmful, unethical, or illegal. You will not transmit information that contains viruses or other code that is harmful to computers or try to use this website in any way other than for its intended purpose and, in a manner, consistent with these Terms and Conditions. By using this site to share information you warrant that you have the legal right and authorization to provide all user information to Marley Drug.

User Age Restrictions

This website and associated services are intended to be used by individuals who are older than 18 years of age. If you are not older than 18 years of age do not attempt to create an account or provider any personal information to Marley Drug through this website. If you believe that we have collected personal information from someone who is under the age of 18 please contact us at info@marleydrug.com so that we can delete the information.

Methods of Communications

You agree that Marley Drug may contact you by email, mail, phone, fax, text message or other messaging platform to obtain or convey information related to your use of Marley Drugs website or associated services including refill reminders, order tracking and marketing communications. Note that message and data rates may apply.

You agree that you will immediately notify Marley Drug of changes to your phone number or other contact information.

Ownership of the Content and the Website

The entire content of this website is the property of Marley Drug. Users of this website do not have any rights to the content aside from those rights expressly granted to you in these Terms and Conditions. Users of this site may not duplicate, reproduce, or copy this website for any commercial purpose without the expressed permission of Marley Drug. You may not frame or utilize framing techniques to enclose any Marley Drug trademark, logo or other proprietary information, including the images found at this website, the content of any text or the layout/design of any page or form contained on a page without Marley Drug's express written consent. You may not use meta tags or any other hidden text using Marley Drug’s name or trademarks without Marley Drug’s expressed written permission.

Accuracy of Information

If you notice that there is inaccurate information on this website such as a typo, addition or deletion please contact Marley Drug to let us know.

We do our best to ensure the accuracy of the information on this site however we do not guarantee whatsoever that product descriptions and other content on the site is correct or accurate. Changes including the discontinuation of any functionality of the site, or discontinuation of any offer, may occur at any time without notice.

Links to other websites

This website may contain links to third party websites. These links are provided as a convenience and Marley Drug does not endorse or recommend products or services offered by these sites. Marley Drug does not control the information contained upon third party websites nor does Marley Drug guarantee the accuracy of their information.

Disclaimer of Warranties

THE ENTIRE RISK ASSOCIATED WITH USING ANY OF Marley Drug’s WEBSITES OR ASSOCIATED SERVICES REMAINS WITH THE USER. Marley Drug PROVIDES THIS WEBSITE AND ASSOCIATED SERVICES TO THE CUSTOMER AS IS AND WITH ALL FAULTS. Marley Drug HEREBY DISCLAIMS WITH RESPECT TO THE WEBSITE AND ASSOCIATED SERVICES ALL WARRANTIES AND CONDITIONS INCLUDING BUT NOT LIMITED TO ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS. IN ADDITION, THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT.

WARRENTIES RELATED TO PRODUCTS OR SERVICES OFFERED SOLD AND DISTRIBUTED BY Marley Drug ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY Marley Drug OR THIRD PARTIES WITH OR IN CONNECTIONS WITH THE APPLICABLE PRODUCTS OR SERVICES.

Limitation of Liability

MARLEY DRUG USES REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE INFORMATION ON THIS WEBSITE HOWEVER, ERRORS AND OMISISONS MAY OCCUR. Marley Drug MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURANCY OF THIS WEBSITE. UNDER NO CIRCUMSTANCE, INCLUDING BUT NOT LIMIMTED TO NEGLIGENCE, SHALL Marley Drug, OR ANY PARTIES INVOLVED IN THE CREATION OF THIS SITE BE HELD RESPOSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE INFORMATION ON THIS WEBSITE. THIS INCLUDES DAMAGES IN THE FORM OF LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION. IN THE EVENT THAT ANY ASPECT OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCABLE, Marley Drug’s TOTAL LIABILITY TO YOU WILL NOT EXCEED $5000 (FIVE THOUSAND DOLLARS).

Third Party Rights

No individual or organization aside from the website user, Marley Drug, and Marley Drug’s affiliates shall be conferred any rights or remedies under these Terms and Conditions.

Assignment

Without prior written consent of Marley Drug you may not assign any of the rights, interests or obligations under these Terms and Conditions. Marley Drug may assign all or part of the Terms of Use and rights associated with it at any time without notice. The Terms of Use will be binding and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

Arbitration Agreement

You agree that we will resolve any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to misrepresentation, or negligence, that may arise between you and Marley Drug associated with your use of this website and associated services by binding arbitration. Acceptance of these Terms constitutes a waiver of your right to litigation claims, participation in a class action lawsuit, and all opportunity to be heard by a judge or jury.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST Marley Drug ONLY IN YOUR CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. This provision shall survive the termination of these Terms of Use.

For all Disputes, you must first give us an opportunity to resolve the dispute by emailing us at info@marleydrug.com. Your email must contain the following information: (1) Your name, 2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration.

If the dispute is not resolved within 45 days then you or we may initiate the arbitrations proceedings or file a claim in small claims court. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by emailing us at info@marleydrug.com.

So long as you place a request in writing prior to commencement of the arbitration, We will pay all arbitration fees and associated costs and expenses. You will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

If this Agreement to Arbitrate provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect.

Force Majeure

We will not be deemed in breach of these terms or liable for any breach of these terms or our Privacy Policy due to any event which is beyond our control including but not limited to (1) acts of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves, and floods) (2) war (3) riot, commotion or strikes (4) acts or threats of terrorism (5) failures of public networks (6) electrical shortages or other disasters.

Indemnification

You agree to defend, indemnify and hold harmless Marley Drug and any affiliates from all rights, demands, losses, liabilities, damages, claims and suits, fees cost and attorney fees out of connection with: (1) your misuse of the site and associated services (2) Your breach of the Terms of Use or Privacy Policy (3) any negligent or wrongful act or omission by you in your use or misuse of the Site and associated services.

Adverse Drug Reaction Reporting

If you experience a drug quality issue or an adverse drug reaction, call 1-866-789-5834 and ask to speak to a pharmacist. If drug reaction becomes worse or you are experiencing a medical emergency, please call 9-1-1 immediately.

Credit Card Payment

All transactions will be made in U.S. dollars (USD). Exact charges are shown at the time of purchase, no additional surcharges are applicable. Once you have submitted your order by clicking “submit order” you will be responsible for full cost of the order should you wish to cancel at any point. Product shipping will take place after an order is placed, confirmed and authorization of your form of payment is received. Orders will not be confirmed until Marley Drug receives all information necessary to validate, ship and collect payment for a prescription. We do not accept orders without a valid prescription. If for any reason we cannot ship your product within thirty days following our receipt of a complete order, we will cancel your order and contact you to inform you. In this case you will receive a refund for the cost of your order. Stored credit card credentials will only be used at your request to process payments for products and services requested by you.