PLEASE READ THESE TERMS ("Terms") CAREFULLY BEFORE USING THIS WEBSITE.
Certain text and images may appear throughout this Website, including photographs, names, trademarks and designs that are the property of their respective owners, and are used with permission granted to FHS and/or its associates. Any attempt to infringe upon or to circumvent these copyrights or trademarks will subject the infringing individual or organization to severe criminal and civil penalties as prescribed by law.
The materials on this Website are copyright protected, and any unauthorized use of some or all of the materials on this Website may violate copyright, trademark, and other laws. Authorized users may download one copy of the information or software ("Materials") found on this Website on a single computer for personal, noncommercial, internal use only, unless specifically licensed to do otherwise by FHS in writing. Permission to use this Website does not constitute a transfer of title and is subject to the following restrictions: the user may not
(a) modify the Website or the Materials in whole or in part, or use them for any commercial purpose or any public display,
performance, sale, or rental;
(b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law;
(c) remove any copyright or other proprietary notices from the Website or Materials contained therein or part thereof; or
(d) transfer the Materials to another person. The user will also agree to prevent any unauthorized copying of the Materials.
OWNERSHIP OF MATERIALS
Website Materials, along with all other Materials supplied as part hereof are copyright protected by worldwide copyright laws and treaty provisions. Website Materials may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without FHS' prior written permission. Except as expressly provided herein, FHS and its suppliers do not grant any express or implied right to user under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to users by FHS in writing or incorporated elsewhere in the Materials.
THE INFORMATION CONTAINED HEREIN, AND ANY "OFFER" OF BUSINESS OPPORTUNITY IS NOT AN OFFER OF INVESTMENT, OR OTHERWISE AN OFFER TO SELL SECURITIES, STOCK, SHARES OR OWNERSHIP OF ANY KIND IN ANY BUSINESS OR VENTURE WHATSOEVER, BUT RATHER THE SALE OF PRINTED MARKETING AND CARD MATERIALS ONLY. NOR IS ANY SUCH STATEMENT APPEARING OR IMPLIED HEREIN AN OFFER OF EMPLOYMENT. FHS AND ITS OFFICERS, EMPLOYEES, AFFILIATES, AREA MANAGERS, LOCATION FINDERS, VENDORS, INDEPENDENT CONTRACTORS, SUCCESSORS, ASSIGNS, OR RELATED PERSONS OR ENTITIES, MAKE NO WARRANTY REGARDING FINANCIAL PERFORMANCE, NOW OR IN THE FUTURE, INCLUDING FINANCIAL COMMISSIONS PAID OR POTENTIALLY PAYABLE TO ANY PERSON OR ENTITY WHO PARTICIPATES IN THE "SCRIPS4LESS" PROGRAM AS OUTLINED HEREIN, EXCEPT AS STATED. PERSONS OR ENTITIES WHO / THAT CHOOSE TO PARTICIPATE IN SAID PROGRAM DO SO AS "INDEPENDENT CONTRACTORS," AND ACKNOWLEDGE THAT THEIR PARTICIPATION IS DONE AT THEIR OWN RISK ENTIRELY, HOLDING FHS, ITS OWNER(S), OFFICER(S), DIRECTOR(S), SHAREHOLDER(S), EMPLOYEE(S), INDEPENDENT CONTRACTOR(S), SUCCESSOR(S), AFFILIATE(S), ASSIGN(S), ETC. HARMLESS FOR ANY ACTS OR ACCIDENTS THAT MAY OCCUR BY THE ACTIONS OF SUCH AN INDEPENDENT CONTRACTOR PURSUANT HERETO, INCLUDING ACTIONS OR ACTS THAT MAY OCCUR INCLUDING BUT NOT LIMITED TO DRIVING OR RIDING TO AND FROM LOCATIONS. INDEPENDENT CONTRACTOR(S) WHO CHOOSE TO PARTICIPATE IN THE "SCRIPS4LESS" PROGRAM WARRANT THAT THEY HAVE AND WILL MAINTAIN ADEQUATE INSURANCE TO COVER ALL COSTS AND LIABILITY FOR ANY INJURY, HARM OR ACCIDENT WHICH MAY OCCUR, WHETHER TO THEMESLVES OR OTHERS, IN THE PERFORMANCE OF ANY DUTIES OR ACTS RELATED TO THE "SCRIPS4LESS" PROGRAM. FAILURE TO HAVE AND MAINTAIN SUCH INSURANCE WILL MERIT INSTANT CANCELLATION OF ANY RELATIONSHIP BETWEEN THE PARTIES INVOLVED. WHEREAS PARTICIPATION IS BASED ON INDEPENDENT CONTRACTOR PERFORMANCE, AS WELL AS CARD ACCEPTANCE BY PARTICIPATING PHARMACIES, ALL PAYMENTS DUE THEREFROM TO INDEPENDENT CONTRACTOR(S), IF ANY, ARE CONSIDERED "COMMISSIONS" PAID AS THIRD PARTY "MISCELLANEOUS INCOME," IF AND WHEN DUE. "COMMISSIONABLE ACTIVITY" IS DEFINED AS PRESCRIPTION MEDICATION PURCHASE(S) MADE USING THE "SCRIPS4LESS" PRESCRIPTION DRUG (SAVINGS) CARD(S) PLACED BY A GIVEN INDEPENDENT CONTRACTOR. PURCHASE(S) MADE BY CARD USER(S), REGARDLESS OF WHETHER THE "SCRIPS4LESS" CARD IS / WAS USED, WHERE NO CREDIT IS / WAS GIVEN BY THE PHARMACY OR DISPENSING BUSINESS ENTITY, SHALL BE EXCLUDED FROM COMMISSIONABLE ACTIVITY. COMMISSIONS PAYABLE SHALL NOT BE DUE LESS THAN 30 (thirty) DAYS FROM THE END OF ANY CALENDAR MONTH FOLLOWING COMMISSIONABLE ACTIVITY WHICH TOOK PLACE IN THE PRECEDING MONTH.
THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS WEBSITE AND ALL MATERIALS CONTAINED HEREIN ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE OR PRESCRIBE MEDICATION(S), AND SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR CONSULTATION WITH A LICENSED MEDICAL PROFESSIONAL WHO IS FAMILIAR WITH ANY USER AND THEIR INDIVIDUAL NEEDS. IN NO EVENT SHALL FHS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ISSUES OF HEALTH OR MEDICAL MALPRACTICE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF FHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHEREAS CERTAIN JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO ALL USERS. FHS and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained within these materials. FHS MAKES NO WARRANTY WHATSOEVER THAT THIS WEBSITE AND ANY OR ALL MATERIALS AS PART HEREOF, INCLUDING THE COMPUTER SERVER ON WHICH WEBSITE IS STORED AND ACCESSES BY USERS, ARE FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS, and said warranty is expressly disclaimed. FHS may make changes to these Materials or to the products listed and/or described therein at any time without notice. FHS makes no commitment as to the current accuracy of the Materials, nor does FHS agree to update the Materials.
Any material, information, or other communication you transmit or post to this Website will be considered nonconfidential and nonproprietary ("Communications"). FHS will have no obligations with respect to the Communications. FHS and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes. Users are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would cause damage in any way or violate any law.
USER CHAT ROOMS
FHS may, but is not obligated to, monitor or review any areas on this Website where users transmit or post Communications and the content of any such Communications or where users communicate solely with each other, including but not limited to chat rooms, bulletin boards, or other user forums. Focus, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
USE OF PERSONALLY IDENTIFIABLE INFORMATION
LINKS TO OTHER MATERIALS
Numerous links to outside website materials may appear throughout this Website. These outside websites are not under the control of FHS, and FHS is not responsible for the content of any linked website or any link contained in a linked website. FHS reserves the right to terminate any link or linking program at any time. FHS does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If the user of this Website may decide to access any of the third-party sites linked to this Website, they do so entirely at the user's own risk.
Users agree that to hold harmless FHS and its shareholders, officers, directors, employees and vendors from all claims arising out of or related to access or use of Website, functionality, or the inability to access or use this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that user has found something heard, viewed or downloaded from this Website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon intellectual property rights belonging to user or any third party.
This Website is controlled by FHS from its offices within the United States of America. FHS makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from countries and/or territories where their content is illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable laws. Users may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the State of Nevada, United States of America.
TERMS AND CONDITIONS OF PURCHASES MADE THROUGH WEBSITE
Please read the following carefully before making a purchase through this Website:
By choosing to make a purchase through or using this Website, purchaser warrants that he/she is a registered Scrips4Less Area Manager or Scrips4Less Licensed Insurance Agent in good standing, and under contract with FHS or its affiliate, GE Holdings Group, LLC ("Qualified Purchaser") to be allowed the right to purchase and use or distribute products FHS makes available online through this Website. Unauthorized purchases made through this Website, if printed, WILL NOT BE REFUNDED to purchaser. Because of the expense incurred printing custom products, such sales WILL BE FINAL, though no product(s) will be shipped nor authorization to use such products given under any circumstances whatsoever.
All prices and amounts shown on this Website are in U.S. Dollars (USD), unless otherwise noted. If a purchaser submits a request on the Website to purchase products, the purchaser agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by purchaser with an approved payment method through the PayPal interface as part hereof. Advance payment is required with each order, including shipping and handling fees, if applicable, before said order will be completed and/or shipped.
Once a printing job has been approved by customer (purchaser) and the job is commenced, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a printing job has been sent to production, the customer is responsible for paying the entire amount of that printing job along with applicable taxes and shipping/handling fees, unless otherwise noted.
All policies are subject to change without prior notification. Defective product refunds and reprints are limited to $100. Determination of defect is at the discretion of FHS management. If a defect is suspected, customer is responsible for the return of product (s) received documenting the product defect. Free expedited reprint on any orders lost in transit is limited to orders less than or equal to $250. Turnaround and shipping for reprint orders will vary depending upon available production capacity and FHS management's discretion. No refunds will be given for late turnaround or products printed/shipped as ordered. Except as stated herein above, ALL SALES FINAL; NO REFUNDS ALLOWED.
Sales Tax Policy
FHS charges sales tax to orders picked-up or shipped to an address within the state of Nevada, California, Texas, and New Hampshire at each state's prevailing sales tax rates.
All shipping of orders will be through a standard "ground" carrier, in the continental United States, such as UPS or FedEx. If faster shipping is desired, customer is required to contact FHS Customer Service at (888) 518-4510 directly and place the order by phone only.
Shipping transit times vary, and FHS assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive orders on time or as promised. Orders may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc., for which FHS shall not be held responsible by purchaser. FHS is not liable for damages which occur during shipping.
All complaints must be registered within 24 hours of receipt of shipment. If it is determined by FHS management that an order contains manufacturing errors and/or defects, FHS will reprint or correct mistakes at no charge. All materials we create in producing your printed product are the property of FHS. Although these
materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product.
FHS may revise these Terms at any time by updating this posting. Users are encouraged to visit this page from time to time to review the then current Terms as they are at all times binding on all users whether the Terms contained herein are reviewed with any consistency. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
August 1, 2010, revised October 1, 2011.
© Copyright 2010 Family Health Services, Inc. All rights reserved.
Family Health Services, Inc., 6130 W Flamingo #753 Las Vegas , NV 89103 USA,