Doctor's OTC shall be not held liable for any improper or incorrect use of the information or services on this website and assume no responsibility for anyone’s use of the information or services. Doctor's OTC shall not be held liable for any direct or indirect damages caused in any way through the use of information or services on this website. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. This disclaimer of liability applies to any damages or injury which may be perceived by you, the website user, to be caused by the information or services on this website, or by using this Web site.
* Food and drug administration (FDA) disclosure: these statements have not been evaluated by the food and drug administration. This product is not intended to diagnose, treat, cure or prevent any disease.
Always check with your physician before starting a new dietary supplement program.
Full Terms and Conditions
Full Terms and Conditions
Welcome to Doctor’s OTC, an online dispensary platform designed by Med-X Sales and Service Inc. and DocOTC Inc to provide Affiliates, Patients and their Practitioners with access to the industry’s professional-grade product and supplements.
Please read these Terms of Service and Our Privacy Statement carefully, as Your use of Our Services, including products and Our website, constitutes Your agreement to be bound by both these Terms of Service and the Privacy Statement.
DoctorsOTC.com is owned and operated by DocOTC Inc. and Med-X Sales and Service Inc. Any questions or notices, unless otherwise specified in this Agreement, Our Privacy Statement, or applicable law, should be sent as follows to:
625 Delaware Ave, Suite 101
Buffalo, New York 14202
Throughout this Agreement, we may use certain words or phrases, and it is important that You understand their meanings. For Your convenience, we have capitalized those words or phrases that are defined in this section. Please note that the headings contained in this Agreement are for reference only.
“Account” means either a Practitioner Account, Practitioner Seller Account, Patient Account or Affiliate Account;
“Credit Card Information” means all information required of the User to process an online financial transaction using a credit card.
“Doctor’s OTC” means DocOTC Inc., Med-X Sales and Service Inc. Our Site, DoctorsOTC.com; Our Service(s); or a combination of all or some of the foregoing definitions, depending on the context of the word;
“Governmental Authority” means any national, state, provincial, local or other government—or subpart, agency or unit thereof—with jurisdiction over the sale of Product by Doctor’s OTC or Affiliates to Health Professionals, or by Health Professionals to Patients or Affiliates or any Services furnished or received in connection with such transactions;
“Health Product Distributor” means a third party contracted with Doctor’s OTC which, on behalf of a Health Professional or Affiliates, ships Product(s) purchased by a Patient or Affiliate from that Health Professional or Affiliate directly to a Patient’s home or Affiliate. Some functions of the Health Product Distributor may be performed directly by Doctor’s OTC or an affiliate of Doctor’s OTC;
“Health Professional” means a licensed (if required by Law) person who uses Our Services to enhance the care provided to Patients or Affiliates under his or her care;
“Intellectual Property Rights” means all intellectual property rights, including intellectual property rights comprising or relating to: (a) inventions and patents; (b) trademarks, service marks and logos; (c) internet domain names registered by any authorized private registrar or Governmental Authority, web addresses, web pages, website and URLs; (d) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, software, code, data, data files, and databases and other specifications and documentation; (e) trade secrets; and (f) all rights, interests and protections that are associated with, equivalent or similar to, or required for the exercise of these rights or forms of protection under the Laws of any jurisdiction throughout the world with respect to any of the foregoing, however arising in each case, whether registered or unregistered, and including all registrations and applications therefor, and renewals or extensions thereof;
“Law” means any statute, law, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order, policy or other requirement or rule of law of any Governmental Authority;
“Payment Processor” means a third-party company which processes payments on behalf of Doctor’s OTC, Health Professional or Affiliate;
“Patient” means a person who purchases Product(s) from a Health Professional or Affiliate;
“Affiliate Account” means a Doctor’s OTC account opened by a Patient or Affiliate to purchase Products on the Platform;
“Platform” means Doctor’s OTC proprietary platform through which Doctor’s OTC delivers Services;
“Products” means those items Purchased by Patients on the Doctor’s OTC platform;
“Product Listing” means the marketing and sales materials supplied by Suppliers related to the Products.
“Protected Parties” has the meaning set forth in the section entitled “Indemnity and Limitation of Liability.”
“Sale Price” is the price that is charged by Health Professional or Affiliates to Patient or other Affiliates. Health Professional and Affiliates in its sole discretion determines this price;
“Services” refers to the services that We provide or arrange for through Our Site, including Our Site itself, all services furnished to Health Professionals and Affiliates, and all services provided to Patients and Affiliates on behalf of Health Professionals or Affiliates, including order processing, payment collection and processing, shipping and tracking, website hosting, and any other support services provided for Patients or Affiliates on behalf of Health Professionals and Affiliates;
“Site” refers to Our website, and the Platform and includes Health Professionals’ and Affiliates’ websites hosted by Us;
“Supplier” means a specific company that is in the business of manufacturing and/or selling specific Product(s);
“User” refers to Patients, Health Professionals, Health Product Distributors, Affiliates and general visitors to Doctor’s OTC Site;
“We”, “Us”, or “Our” refers to Doctor’s OTC and
“You” or “Yours” refers to you, the individual User who is entering into this Agreement with Doctor’s OTC.
In order to use Our Service, you must meet a number of conditions, including but not limited to:
You must know and abide by all Laws of the specific jurisdiction(s) in which You sell the Product(s), including, but not limited to, all Laws pertaining to professional licensing or conduct, dietary supplements, or taxes.
If You are a Canadian resident, you must properly report all income from sales to Patients as required to the Canada Revenue Agency, Ontario Ministry of Finance, and/or any other revenue agency which requires that You remit taxes to it. If You are a resident of the United States of America, you must properly report all income from sales to Patients and Affiliates as required by the Internal Revenue Service or any other applicable Governmental Authority. Regardless of residency, you acknowledge that Doctor’s OTC is not required to maintain records on Your behalf or to report any income or other information to relevant Governmental Authorities (unless otherwise required to do so by applicable Law).
You must charge Patients no more than is permitted under the Laws where You operate Your practice and/or the Patient resides.
You must not be in violation of any embargoes, export controls, or other Laws of Canada or the United States of America or other countries having jurisdiction over this Agreement, Doctor’s OTC, or You.
You must have reached the minimum age required to enter into a contract in the area in which You reside.
You must provide Us with accurate personal information, payment information, and other information that We deem necessary to provide You with Our Services.
You may not represent yourself acting on behalf of Doctor’s OTC as its agent or otherwise.
Right to Access and Rules of Use
Subject to the terms and conditions of these Terms of Service, and so long as Your Account is in good standing, Doctor’s OTC hereby grants to You, a limited, personal, revocable, non-exclusive, non-transferable right to access and use the Site solely for Your internal business purposes.
In addition to meeting the eligibility requirements discussed above, Users agree to comply with the following rules governing Your use of Our Services:
You shall not make any representations, warranties, guarantees, indemnities, commitments, or other similar claims, apparently, or ostensibly on behalf of Doctor’s OTC, Supplier, or any Health Product Distributor that are inconsistent with the Terms of Service or the information provided by Supplier regarding Product.
You shall not make any claims regarding the use of Products which do not explicitly appear on the label of Products or Supplier’s Product Listing.
You are exclusively responsible for, and Doctor’s OTC and Supplier disclaim any and all liability for, any statements that You may make regarding the Products to Patients, including any claims that a Product treats specific diseases or conditions that do not explicitly appear on the Product label or in Supplier’s Product Listing.
You shall not engage in any unfair, competitive, misleading or deceptive practices regarding the Product, Supplier, or Doctor’s OTC
You shall not be permitted to sell certain natural health products without complying with applicable regulations set by Health Canada, the Food and Drug Administration, or various other governmental regulations or Laws as applicable.
You shall not post or send anything violent, indecent, obscene, threatening, pornographic, racist, hateful, libelous, defamatory or which discloses private or personal matters concerning any person other than yourself or otherwise objectionable, as determined in the exclusive discretion of Doctor’s OTC
You shall refrain from the making of any fraudulent or negligent representations related to Doctor’s OTC, the Product(s), or Our Services.
You shall not infringe on anyone’s Intellectual Property Rights (including Doctor’s OTC Intellectual Property Rights), defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
You shall not hack, crack, phish, SQL inject, or otherwise compromise the confidentiality, integrity, or availability of the Doctor’s OTC Site, Service, or its Users’ computers, including, without limitation, viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
Except as expressly provided in these Terms of Service, You shall not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any content or information from the Site, in whole or in part, without Our express written permission.
You shall not use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site.
You may not do anything else which, in Doctor’s OTC sole discretion, may bring Doctor’s OTC or any of its Users into disrepute, or endanger the business or safety of Doctor’s OTC or any third party.
You must observe all directions and instructions given by Supplier in relation to the Product, including labeling, branding, directions, dosage, storage, and other directions.
You shall comply with all applicable Laws of any Governmental Authority with jurisdiction over Your actions, including the Laws applicable to any jurisdiction to which You arrange for the shipment of Product.
You may not sell any regulated goods unless You have complied with all governing regulations and Laws.
You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Services using Your Account information for any purpose.
You shall not interfere with other Users’ use of the Services, including, without limitation, spamming or otherwise using abusive tactics related to deter others from facilitating transactions.
You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other Users to use goods or services that are not otherwise authorized as Products offered by Doctor’s OTC.
Our provision of Services to You is contingent on Your agreement with this and all other sections of this Agreement.
You hereby expressly acknowledge that You are solely and exclusively responsible for Your compliance with any and all applicable Laws and that Doctor’s OTC does not purport to offer any advice or information concerning potentially applicable Laws or compliance therewith. The reference to specific laws or regulations in this section or elsewhere in this Agreement shall not be read or construed to imply that such laws or regulations are applicable to You, nor that other laws or regulations are not applicable to You. Further, Doctor’s OTC expresses no opinion with respect to the appropriateness or legality of the resale or recommendation of Products to Patients or Affiliates by a Health Professional or Affiliates. It is Your responsibility to consult with appropriate legal counsel as necessary to ensure that You are informed of and in compliance with all applicable Laws.
Health Professional Licensing & Ethics
Most jurisdictions require that Health Professionals making recommendations to Patients on health-related matters be licensed to do so. Additionally, Governmental Authorities, professional organizations, or other regulating entities with jurisdiction over Health Professionals may require that certain ethical standards be followed. You may also be required to make certain disclosures to Patients or be limited in Your ability to charge Patients more than the Manufacturer’s Suggested Retail Price (MSRP) for Products. You agree to act in accordance with all licensing and ethical standards applicable to You as a Health Professional.
If You wish to use Our Services, Doctor’s OTC requires that You be authorized by the applicable Governmental Authority; by using Our Services, you hereby warrant that You are so authorized.
Accounts and Passwords
Certain features or services offered on or through the Site may require You to open an Affiliate Account (including setting up a username, password, and referral ID).
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT INFORMATION, INCLUDING YOUR PASSWORD, AND FOR ANY AND ALL ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT. YOU AGREE TO NOTIFY DOCTOR’S OTC IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD. YOU MAY NOT USE THE ACCOUNT, USERNAME OR PASSWORD OF ANY OTHER INDIVIDUAL OR COMPANY AT ANY TIME WITHOUT THE EXPRESS WRITTEN PERMISSION AND CONSENT OF THE HOLDER OF THE ACCOUNT, USERNAME OR PASSWORD. DOCTOR’S OTC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Practitioner Seller Accounts. Health Professionals or Affiliates seeking to sell Products through the Platform are required to register for an Affiliate Accounts. Doctor’s OTC requires Health Professionals and Affiliates to provide certain identification information and contact information to register for an Affiliate Account, including legal name, address, social security number (SSN) or social insurance number (SIN) Health Professionals seeking to open an Affiliate account are also required to provide banking information to Doctor’s OTC Payment Processor so that payments for purchased Products can be processed.
Practitioner Affiliate Purchases, Payments and Sales Tax
Products sold through the Doctor’s OTC platform are quoted at Manufacturer’s Suggested Retail Price (MSRP).
For all Affiliate Accounts, Doctor’s OTC collects its fee as a percentage of MSRP Manufacturer Suggested Retail Price for products, postage, handling, customer support, sales tax administration and payment processing services furnished by Doctor’s OTC to Your Patients and Affiliates on Your behalf. The balance is the service fee paid to You. The allocation of Doctor’s OTC fees relative to Your fee will be determined on a Product-by-Product basis and shall be disclosed to You in Your User Account. Doctor’s OTC reserves the right to modify these allocations in its sole discretion from time to time in its sole discretion without notice to You and all new Product orders after such changes will be subject to the new allocations. Please check daily for updates on fee allocations in Your Account.
We reserve the right to charge and collect for additional fees from the Patient such as shipping, handling and restocking fees. The Platform, in partnership with the Payment Processor, will process payments by Patients and Affiliates and will distribute from the proceeds, Doctor’s OTC fees, sales tax and shipping and handling fees, and the remaining proceeds will be distributed to the Practitioner or Affiliates payment account.
Doctor’s OTC maintains responsibility for the collection and remittance of retail sales taxes for Products sold through the Doctor’s OTC platform. You agree to submit to Doctor’s OTC, at Our request, any required documentation, such as re-seller statements, to comply with the applicable Laws regarding waiver of sales tax collection.
Catalogue and Product Descriptions
All features, specifications, Products and prices of Products described on Doctor’s OTC are subject to change at any time without notice. We make no representation as to the completeness, accuracy, or currency of any information on Doctor’s OTC. We reserve the right to make changes to information about price, description, or availability without notice. We have made every reasonable effort to display as accurately as possible the packaging of products that appear on Doctor’s OTC. The inclusion of any products or services on Doctor’s OTC does not imply or warrant that these Products or services will be available at any time.
Doctor’s OTC, Suppliers and Health Product Distributors each reserve the right to limit quantities of Products available for sale or sold as well as the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If the price of any Product ordered was incorrectly displayed on Doctor’s OTC, we will provide the User that places the order with an opportunity to place an order at the correct price. Doctor’s OTC also reserves the right to refuse any order placed with Us. Advertisements of Products for sale on Doctor’s OTC are invitations to Users to make offers to purchase Products and are not offers to sell. A User’s properly completed and submitted order constitutes such User’s offer to purchase the Products referenced in the order. An order is deemed to be accepted only if the User that places the order receives a confirmation on the Doctor’s OTC platform, or to such User’s email address, indicating that the order has been processed.
The prices for Products are set out on Doctor’s OTC and all other applicable amounts, charges and taxes are indicated when Patient makes a purchase. Unless otherwise stated, all invoiced amounts are due upon order and processed immediately upon purchase confirmation using the credit card information on file for User placing the order.
Unless otherwise stated, all fees are quoted in American Dollars for Patients and Affiliates in USD for Patients and Affiliates in the United States. Receipts for purchased Products will be delivered to the Patient via Doctor’s OTC or the email address associated with applicable User’s Account.
Doctor’s OTC and/or the Health Product Distributor will ship Product in accordance with any Supplier instructions. Shipping policies related to delivery time and/or method may vary based on the Health Product Distributor furnishing the Product. For more information about shipping, please visit the website of the relevant Health Product Distributor.
Nature of Financial Accounts
The money held by Doctor’s OTC, in partnership with the Payment Processor, prior to distribution to a Practitioner Seller, is not a deposit insured by the FDIC Insurance Corporation, the Federal Deposit Insurance Corporation, or any other entity. Doctor’s OTC is not licensed as a bank or other financial institution. You agree and acknowledge that Doctor’s OTC is not required to open a separate account for Your funds and may comingle funds to which You may be entitled in accounts with other funds. Doctor’s OTC shall attribute portions of commingled funds to You based on the records of transactions which Doctor’s OTC controls.
Doctor’s OTC or processor may place a hold on funds as a matter of routine or in circumstances where it believes there is a high risk of chargebacks or of fraud, money laundering, or other unlawful activity. We may charge fees relating to the payment of funds (such as money order or wire transfer fees), which We will post on Our Site and/or notify You of by email.
Nature of Supplier of Affiliate Accounts
One of the Services provided by Doctor’s OTC is the creation and management of Supplier and Health Product Distributor accounts. These accounts are managed by Doctor’s OTC to offer Health Professionals, Affiliates and their Patients access to a catalogue of top-quality products.
Our Intellectual Property Rights
The Site contains copyrighted material, trademarks (including but not limited to the Doctor’s OTC Logos), service marks, trade dress, and other proprietary content, including but not limited to, text, software, applications, sound, photographs, buttons, images, logos, video, and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of the Site and the Content are copyrighted as a collective work under copyright laws.
Doctor’s OTC Content is important because it distinguishes Doctor’s OTC from competitors and other websites in general, both to customers and to search engines. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including any Health Professional dispensary sites hosted by Doctor’s OTC, without receiving Our prior written permission. You further agree not to remove, alter or obscure any proprietary notice or legend of Doctor’s OTC, its suppliers or licensors.
Neither these Terms of Service nor Your use of the Site transfers any right, title or interest in the Site, Content, or Intellectual Property Rights to You. We and Our third-party licensors retain all of Our and their respective right, title, and interest to the Site, Content, and Intellectual Property Rights. Any rights not expressly granted are reserved.
Whenever submitting content to the Site, You agree that You are granting Us a non-exclusive, universal, perpetual, irrevocable, sub-licensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that You submit to the Site. You warrant to Us that You have the right to grant Us this right over such content, and You agree to indemnify, defend and hold Us harmless for any losses, damages, expenses, liabilities and costs (including, without limitation reasonable attorneys’ fees and costs) resulting from a breach of this warranty pursuant to the Section entitled “Indemnity and Limitation of Liability” below.
In addition to the general license above, You agree that, notwithstanding any intellectual property legislation to the contrary, any arrangement of catalogue items or other data provided by Doctor’s OTC in relation to a site that We host for You in Your capacity as a Health Professional shall not attract any copyright or other legal protections, and does not preclude Doctor’s OTC or its other Users from arranging the same data in a same or similar manner. You agree that the conditions under this paragraph are necessary in order to prevent intellectual property disputes among many Users and/or Doctor’s OTC over the arrangement of data which is available for all
Users to use.
Revocation of Consent
We may revoke Our consent for Your use of Our intellectual property, or any other permission granted to You under this Agreement, at any time and in Our sole discretion. You agree that if We so request, you must take immediate action to remove any usage of Our intellectual property that You may have engaged in, even if it would cause a loss to You.
Copyright & Trademark Infringement
We take copyright and trademark infringement very seriously. If You believe that an Affiliate or Health Professional or other User has infringed on intellectual property rights in the United States, please notify Us immediately by sending full details to email@example.com. When notifying Us of the alleged copyright infringement please provide Us with the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
identification of the copyrighted work alleged to have been infringed;
a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
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.
If We in good faith believe material to infringe a copyright or otherwise violate any Intellectual Property Rights, we will remove or disable access to such material.
We will forward notices that comply with the above to the User.
Please be advised that false reports of infringement are defamatory and actionable, and a User affected by such false reports may seek an award of damages from You if such a report is made.
You agree that We may take steps to confirm Your identity, such as requesting a notarized copy of Your government identification and/or recent utility bill, in order to combat money laundering.
If You believe that a User is engaging in money laundering activities using Our Services, please contact Us immediately. You should also notify, if in Canada, the Financial Transactions and Reports Analysis Centre of Canada at 1-866-346-8722 (toll free), or, if in the United States, the appropriate state or federal agency with oversight.
Disclaimer of All Warranties
ALL PRODUCTS AND SERVICES ARE PROVIDED BY DOCTORS OTC AND PAYMENT PROCESSOR “AS IS,” AND WE HEREBY DISCLAIM ANY IMPLIED REPRESENTATION, CONDITION OR WARRANTY WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOCTOR’S OTC MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, CONTENT OR SERVICES, INCLUDING THOSE SERVICES PROVIDED BY THE PAYMENT PROCESSOR, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, ACCURACY, COMPLETENESS, VALIDITY, TIMELINESS, NON-INFRINGEMENT, RESULTS, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE OPERATION OF THE SITE OR THE PROVISION OF THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SITE OR SERVICES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Indemnity and Limitation of Liability
You hereby agree to defend, indemnify, and hold Doctor’s OTC, along with its affiliates, subsidiaries, directors, officers, agents and employees (collectively, the “Protected Parties”), harmless for any and all damages, costs, claims, liabilities, losses, fees and expenses incurred by Doctor’s OTC or a third party arising from or related to Doctor’s OTC provision of Services to You or on Your behalf, including but not limited to any breach of a representation or warranty of this Agreement or Your use of Our Site or Services. You agree that this duty to defend extends to requiring You to pay for Our reasonable attorneys’ fees, court costs, expert witness fees and disbursements.
IN NO EVENT SHALL THE PROTECTED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT DOCTOR’S OTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT OF COMMISSIONS PAYABLE TO YOU FROM DOCTOR’S OTC HEREUNDER DURING THE THREE (3) MONTHS PRECEDING THE FIRST CLAIM GIVING RISE TO A CAUSE OF ACTION HEREUNDER.
NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF ALL YOUR ACCOUNT INFORMATION OR LOSS OF YOUR PRODUCT ORDER INFORMATION, THAT AND DAMAGES OR LOSSESS YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE SERVICE OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE SERVICE AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR (OR YOUR PATIENTS’) ACCESS TO OR YOUR (OR YOUR PATIENTS’) INABILITY TO ACCESS THE SERVICE, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.
You agree that the Protected Parties are not responsible in any way for damages caused by third parties who may use Our Services or who provide Products or Services through the Site, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards You. Further, You agree that the Protected Parties are not responsible for any failure of a third party to comply with or fulfill any contractual obligation, including but not limited to any actions taken by a Payment Processor to place a hold on Your funds, any failure by a Payment Processor to direct payments to the correct destination or by a Health Product Distributor with respect to shipping or delivery, or any disruptions, scheduled or unscheduled, intentional or unintentional, of Our Site which may prevent access temporarily or permanently. We are not responsible for any fraud, malpractice, negligence, or other torts by any third party.
For jurisdictions that do not allow Us to limit Our liability: Notwithstanding any provision of these Terms, if Your jurisdiction has provisions specific to waiver or liability that conflict with the above then Our liability is limited to the smallest extent possible by Law. Specifically, we do not disclaim liability, which is not lawful to exclude, either now or in the future.
The provisions of this Section are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against You on its own behalf.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. AS PART OF THIS AGREEMENT, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
Data Privacy & Security
Our privacy & security practices, as outlined in Our Privacy Statement and Terms of Service, covers only those activities that are subject to all applicable provisions of Canada’s and the United States of America’s federal, provincial, and state privacy laws. Doctor’s OTC policy is to operate in compliance with the privacy legislation within each jurisdiction in which we operate.
Doctor’s OTC will sign business associate agreements (BAAs) with Healthcare Professionals who require them in order to comply with the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH).
Choice of Law and Forum of Dispute
If You are a resident of Canada: You agree that all actions or proceedings arising out of, in connection with, or otherwise concerning this Agreement shall be governed by the laws in force in the Province of Ontario. The offer and acceptance of this Agreement are deemed to have occurred in the City of Ottawa in the Province of Ontario. You agree that any disputes arising from or relating to this Agreement or any acts or omissions by Doctor’s OTC will be heard solely within the Superior Court of Justice of Ontario – Small Claims Division (“Small Claims Court”) and that, even if the damages to which You are entitled exceed the monetary jurisdiction of the Small Claims Court, and even if You are entitled to equitable relief or other relief not eligible to be granted by the Small Claims Court, You will waive those excess monetary damages or equitable relief and bring the action in the Small Claims Court. This section limits Your right of redress under this Agreement to those rights given to You under Section 7 of the Consumer Protection Act, 2002, SO 2002, c 30, Sch A.
If You are a resident of the United States of America: You agree that all actions or proceedings arising out of, in connection with, or otherwise concerning this Agreement shall be tried and litigated exclusively in the state or federal courts located in New York and shall be governed by the laws of the State of New York. You hereby waive the right to contest exclusive venue in the courts of New York and irrevocably consent to the jurisdiction of the appropriate state or federal court in Delaware for the purposes of this Agreement.
You agree that We are not responsible to You for anything that We may otherwise be responsible for, if it is the result of events beyond Our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond Our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Doctor’s OTC shall have the sole right to elect which provision remains in force.
Doctor’s OTC reserves all rights afforded to Us under this Agreement as well as under the provisions of any applicable Laws. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable Laws shall not be construed as a waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Termination & Cancellation
We may terminate Your Account, access to the Site, or Our Services to You at Our discretion without explanation or prior notice, though We may, in Our sole discretion, provide a timely explanation. In You have ordered Product from Us directly, Our liability for refunding You, if You have paid anything to Us, will be limited to the amount You paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to Your breach of this Agreement, in which case You agree that We reserve the right offset Our reasonable assessment of potential damages attributed to Your breach against any sums owed to You.
Under no circumstances, including termination or cancellation of Our Services to You, will We be liable for any losses related to actions of other Users.
Third Party Payment Service Provider
You hereby consent to and authorize Us to delegate the authorizations and share the information You provide to Us with the Payment Processor(s) to the extent required to provide the Services to You.
Assignment of Rights
You may not assign Your rights and/or obligations under this Agreement to any other party without Our prior written consent. We may assign Our rights and/or obligations under this Agreement to any other party at Our discretion.
Updates to this Terms of Service
We may update this Terms of Service from time to time. If We modify Our Terms of Service, we will post the revised version here, with an updated revision date. You agree to visit these pages periodically to be aware of and review any such revisions.
If We make material changes to Our Terms of Service, we may also notify You by other means prior to the changes taking effect, such as by posting a notice on Our websites or sending You a notification. By continuing to use Our Site after such revisions are in effect, you accept and agree to the revisions and to abide by them.
The Doctor’s OTC Terms of Service was revised and posted as of July 7th, 2019.
DocOTC, Inc. (referred to as “Doctor’s OTC”, “We” , “Us” or “Our”) is committed to protecting your (referred to as “You” or “Your”) privacy and providing You with a positive experience on our websites and in using our products and services (“Service” or “Services”).
This Privacy Statement applies to DOCTOR’S OTC websites and Services that link to or reference this Statement and describes how We handle Your information and the choices available to You regarding the collection, use, access, and how to update and correct Your information. Capitalized terms not otherwise defined in this Privacy Statement shall have the same meanings ascribed to them in the Terms of Service.
Collection of Your Personal Information
“Personal information” is any information that can be used to identify an individual, such as name, address, email address, phone number, login information (account number, password), practitioners’ recommendations, health information, online orders, marketing preferences, social media account information, or payment card number. We may collect data, including Personal Information, about you as you use our websites and Services and interact with Us. If We link other data with your Personal Information, we will treat that linked data as Personal Information.
We collect Personal Information for a variety of reasons, such as:
Processing your order, including payment transactions.
Sending marketing communications.
Creating an account.
Enabling the use of certain features of Our Services.
Personalizing your experience.
Providing customer service.
We and the third parties We engage may combine the information We collect from You over time and across Our websites and Services with information obtained from other sources. This helps Us improve its overall accuracy, completeness, and helps Us better tailor Our interactions with You.
If You choose to provide DOCTOR’S OTC with a third party’s Personal Information (such as name, email, and phone number), You represent that You have the third party’s permission to do so. Examples include forwarding reference or marketing material to a friend or sending job referrals. Third parties may unsubscribe from any continued communication of this type by following the link provided in the initial message or contacting DOCTOR’S OTC. In some instances, DOCTOR’S OTC and the third parties We engage may automatically collect data through cookies, web logs, web beacons, and other similar applications. This information is used to better understand and improve the usability, performance, and effectiveness of the website and to help tailor content or offers for You. Please read the “Cookies and Other Web Technologies” section below for more information.
Uses of Your Personal Information
We may use Your Personal Information for the purposes of operating Our business, delivering, improving, and customizing Our websites and Services, sending marketing and other communications related to Our business, and for other legitimate purposes permitted by applicable law. Some of the ways We may use Personal Information include:
Delivering a Service you have requested.
Analyzing, supporting, and improving our Services and your online experience.
Personalizing websites, newsletters, and other communications.
Sending communications to you, including for marketing or customer satisfaction purposes
Protecting the security or integrity of the Website
Protecting against fraud, identity theft, or a threat of safety
Protecting against legal liability
Monitoring violations of our Terms and Use (and taking appropriate actions as prescribed therein for such violations)
Maintaining your account or login information
Complying with applicable laws and regulations.
Access to and Accuracy of Your Personal Information
We need Your help in keeping your Personal Information accurate and up to date. We provide a number of options to access and correct Your Personal Information:
You can view or edit your fullscript.com Personal Information and preferences online by logging into Your Doctor’s OTC account.
You can request that We delete certain Personal Information or, at Our option, make it non-identifiable and We will make every reasonable effort to accommodate that request, unless We have a legitimate reason to refuse to do so.
If You need additional assistance or help with accessing or correcting Your Personal Information, please feel free to contact s directly. We make good faith efforts to honor reasonable requests to access, update, or correct Your data. We will respond to Your request in a timely manner. If We are unable to honor Your request, we will provide You with an explanation.
Sharing Your Personal Information
We may share your Personal Information with third parties for the purposes of operating Our business, delivering, improving, providing and customizing our Services, sending marketing and other communications related to Our business, and for other legitimate purposes permitted by applicable law or otherwise with Your consent.
We may share Personal Information in the following ways:
Amongst DOCTOR’S OTC affiliated entities for purposes of data processing or storage.
With business partners, service vendors, authorized third-party agents, or contractors to provide a requested Service, service or transaction. Examples include but are not limited to: processing of orders and credit card transactions, hosting websites, assisting with sales-related efforts or post-sales support, and providing customer support.
In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of Our business by or to another company.
In response to a request for information by a competent authority if We believe disclosure is in accordance with or is otherwise required by, any applicable law, regulation or legal process.
With law enforcement officials, government authorities, or other third parties as necessary to comply with legal process or meet national security requirements; protect the rights, property, or safety of DOCTOR’S OTC, its business partners, You, or others; or as otherwise required by applicable law.
In aggregated, anonymized, and/or de-identified form which cannot reasonably be used to identify You.
If We otherwise notify You and You consent to the sharing.
Security of Your Personal Information
We endeavor to protect the Personal Information You entrusted to Us and treat it securely by placing appropriate technical and organizational measures to protect the confidentiality of this Personal Information and to protect the Personal Information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.
We also contractually require that our suppliers protect such Personal Information from unauthorized access, use, and disclosure. The Internet and mobile networks, however, cannot be guaranteed to be 100% secure, and We cannot ensure or warrant the security of any Personal Information You provide to us through such means.
Except as required by law, DOCTOR’S OTC is not responsible for any damages or liabilities relating to any such security failures. Transmission of Personal Information is at Your own risk. Our Website contains links to other websites that do not belong to DOCTOR’S OTC. DOCTOR’S OTC is not responsible for, nor can DOCTOR’S OTC ensure the privacy practices or content of such other sites, and this Policy does not apply to those other websites. If You have any questions about security on our website, you can email us at Info@DoctorsOTC.com
Consent to Transfer, Processing, and Storage of Personal Information
As DOCTOR’S OTC is a global organization, we may transfer your Personal Information between DOCTOR’S OTC offices in Canada and the United States of America, or to third parties and business partners as described above that are located in various countries around the world. By using Our websites and Services or providing any Personal Information to Us, where applicable law permits, you consent to the transfer, processing, and storage of such information outside of Your country of residence where data protection standards may be different.
Retention of Personal Information
We will retain your Personal Information as needed to fulfill the purposes for which it was collected. We will retain and use Your Personal Information as necessary to comply with Our business requirements, legal obligations, resolve disputes, protect our assets, and enforce Our agreements.
Patient/Client Data Storage for Health Professional
If you are a Patient or Consumer, you acknowledge that Your use of Our Service is solely through Your Health Professional and that DOCTOR’S OTC may share Personal Information with Your Health Professional for the purposes of facilitating the Product transaction on behalf of Your Practitioner or Affiliate.
If You are a Health Professional, by using DOCTOR’S OTC, You agree that, with respect to other users’ Personal Information that You obtain through DOCTOR’S OTC or through a DOCTOR’S OTC-related communication or DOCTOR’S OTC-facilitated transaction, DOCTOR’S OTC hereby grants to You a license to use such information only for DOCTOR’S OTC-related communications that are not unsolicited commercial messages. DOCTOR’S OTC does not permit spam. Therefore, without limiting the foregoing, you are not licensed to add the name of someone who has purchased an item from You to Your mail list (email or physical mail) without their explicit consent. DOCTOR’S OTC owns the data storage, databases and all rights to the DOCTOR’S OTC application.
Like many websites, DOCTOR’S OTC uses automatic data collection tools, such as cookies, embedded web links, and web beacons. These tools collect certain standard information that your browser sends to our website. Examples include your browser type and the address of the website from which you arrived at our website. We automatically receive and record information on our server logs from Your browser including IP addresses, cookie information, browsing history and the DOCTOR’S OTC website pages requested. We only use this data in aggregate form, for statistical purposes, and not in a manner that would give Us enough information to identify You personally. This type of aggregate data enables Us to figure out how often users access parts of the DOCTOR’S OTC website, what types of Products they are interested in, where they are generally located and what are their general online behavior patterns. We utilize this information so that we can improve the DOCTOR’S OTC website, our product selection and the Service. This information may be shared with advertisers and other third parties on an aggregated basis, but it does not include the Personal Information of individual Users.
They may also collect information about:
Your Internet Protocol (IP) address. This is a number automatically assigned to Your computer or device whenever You connect to the Internet. Among other things, the IP address allows web servers to locate and identify Your device for the purpose of facilitating online communications between You and other parties you engage with on the Internet.
Clickstream behavior. This includes, for example, the pages You view and the links you click. These tools help make your visit to Our website easier, more efficient, and more valuable by providing You with a customized experience and recognizing You when You return.
Some web browsers may give You the ability to enable a “do not track” feature that sends signals to the websites You visit, indicating that You do not want your online activities tracked. This is different from blocking or deleting cookies, as browsers with a “do not track” feature enabled may still accept cookies.
No industry standard currently exists on how companies should respond to “do not track” signals, although one may develop in the future. DOCTOR’S OTC websites functionality is not currently able to recognize and respond to “do not track” signals. If We do in the future, we will describe how in this Privacy Statement.
As part of these efforts to improve your online experience, we use a service provided by both Google and Facebook called “remarketing”. This permits Us to reach people who have previously visited our site and show them relevant advertisements when they visit other sites across the Internet in the Google Display Network and Facebook Ads platform.
We may provide links to other third-party websites and services that are outside Our control and not covered by this Privacy Statement. We encourage You to review the privacy statements posted on those websites (and all websites) You visit.
Your Choices and Selecting Your Communication Preferences
We give You the choice of receiving a variety of information related to Our Services. You can manage Your communication preferences through the following methods:
By following the instructions included in each promotional email from Us to unsubscribe from that particular mailing.
By calling Our Customer Success team, at 716-777-4372
These choices do not apply to service notifications or other required communications that are considered part of certain Services, which You may receive periodically unless You stop using or cancel the Service in accordance with our Terms of Service.
By using Our websites, Services, or otherwise providing Personal Information to Us, you agree that We may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use. For example, if We learn of a security system breach, we may attempt to notify you electronically by posting a notice on Our websites, by sending an email, or otherwise contacting You.
DOCTOR’S OTC encourages parents and guardians to take an active role in their children’s online activities. DOCTOR’S OTC does not knowingly collect Personal Information from children without appropriate parental or guardian consent. If You believe that we may have collected Personal Information from someone under the applicable age of consent in Your country without proper consent, please let Us know using the methods described in the ‘Contact Us’ section of this Privacy Statement and We will take appropriate measures to investigate and address the issue promptly.
Your California Privacy Rights
If You are a California resident and use Our Services, you are entitled to request certain information regarding our disclosure of certain ‘personal information’ (as defined in California Civil Code Section 1798.83) to third parties for their direct marketing purposes.
If You are a California resident and have provided us with personal information within the last year, You may make such a request by emailing us at info@doctorsOTC.com and typing “California Privacy Rights” in the subject line of the email. Within 30 days of receiving such a request, we will provide a list of the categories of Personal Information disclosed to third parties for such third parties’ direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. California residents may also request that We do not share Your Personal Information with third parties for use in direct marketing by them to You. To make such an opt-out request, please email us at info@doctorsOTC.com and type “California Opt Out” in the subject line of the email.
A request may be made no more than once per calendar year and We are not required to respond to requests made by means other than through the email address above.
How to Contact Us
We value your opinions. Should you have questions or comments directly pertaining to this
Privacy Statement, please contact Us at:
Mail: Data Privacy Officer
625 Delaware Ave. Suite 101
Buffalo, New York
Updates to this Privacy Statement
We may update this Privacy Statement from time to time. If We modify Our Privacy Statement, we will post the revised version here, with an updated revision date. You agree to visit these pages periodically to be aware of and review any such revisions.
If We make material changes to our Privacy Statement, we may also notify you by other means prior to the changes taking effect, such as by posting a notice on Our websites or sending You a notification. By continuing to use Our website after such revisions are in effect, you accept and agree to the revisions and to abide by them.
The DOCTOR’S OTC
Privacy Statement was revised and posted as of July 11th, 2019.