Kazmira Pharmacy
Terms of Service
Last updated: June 8, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.
1. OVERVIEW
Welcome to www.kazmirapharmacy.com (the “Site”). Kazmira LLC, doing business as Kazmira Pharmacy (“Kazmira Pharmacy,” “We,” “Us,” or “Our”), owns and operates the Site. Kazmira Pharmacy is a licensed compounding pharmacy that prepares THC-free cannabinoid formulations prescribed by licensed clinicians. Each medication is compounded individually in accordance with Section 503A of the Federal Food, Drug, and Cosmetic Act using verified ingredients and pharmacist-supervised procedures. Kazmira Pharmacy does not sell over-the-counter CBD products, practice medicine, provide medical advice, or make clinical decisions. All clinical care, including prescribing decisions and follow-up care, is the sole responsibility of the prescribing clinician. These Terms of Service constitute the master user agreement between you and Kazmira Pharmacy governing your access to and use of the Site.
We offer the Site, including all information and content therewith (collectively, the “Content”), prescription products (the “Products”) and various services (the “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated or referenced herein (the “Terms of Service”) and compliance with all applicable laws and regulations. These Terms incorporate by reference our Privacy Policy and any supplemental terms presented to you in connection with specific Services. Your use of certain features or components of Our Site, access to certain Services or your ability to obtain Products may be limited to those users that have registered an account with Us or that otherwise satisfy Our verification requirements.
Please read these Terms of Service carefully before accessing or using our Site. Your acceptance of, and compliance with, these Terms of Service is a condition to your use of the Site, Services and purchase of Products. By accessing or using any part of the Site, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Service and our Privacy Policy. If you do not agree to all the terms and conditions of these Terms of Service, then you may not use or access the Site (including the Content) or purchase any Services or Products. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features, tools or services which are added to the current Site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on Our Site. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to Our Site. Any such changes will be effective as of the date of posting. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site (including the Content) or purchase of any Services or Products following the posting of any changes constitutes your acceptance of those changes. If you do not agree with any of the changes, then you may not use or access the Site (including the Content) or purchase any Services or Products. Your sole remedy for any disagreements or issues with the Terms of Service is to immediately discontinue your use of the Site (including the Content, Services and Products).
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, GO TO THE EMERGENCY ROOM, OR CALL 911 IMMEDIATELY. DO NOT USE THE KAZMIRA PHARMACY WEBSITE FOR EMERGENCIES.
2. PRIVACY
You agree that information provided by or collected from you in connection with the Services and the Site shall be governed by Our Privacy Policy, available at www.kazmirapharmacy.com/privacy-policy. We collect information from prescribing clinicians (“Providers”) and patients in connection with prescription fulfillment. All data submitted through the Site is subject to Our Privacy Policy. Our Privacy Policy expressly forms part of these Terms of Service. Do not submit protected health information (“PHI”) through any general contact form, website form, or other non-secure channel on the Site; PHI should be submitted only through secure channels designated by Us or your Provider.
3. SERVICES
Kazmira Pharmacy is a licensed compounding pharmacy. We do not provide medical advice, diagnose conditions, establish a provider-patient relationship, or make clinical decisions. All prescribing decisions are the sole responsibility of your licensed clinician. We offer certain Products, Services, and Content to you through Our Site, including (a) compounding and dispensing THC-free cannabinoid formulations pursuant to valid prescriptions from licensed Providers, (b) coordination with Providers regarding prescription clarification and fulfillment, and (c) delivery of compounded medications directly to you. Nothing available through the Services constitutes a diagnosis, treatment recommendation, medical opinion or clinical care from Kazmira Pharmacy. All clinical determinations and follow-up remain solely with the prescribing clinician.
Our Services are currently available only to individuals who are at least eighteen (18) years of age or older and who are physically located in a state where Kazmira Pharmacy is licensed. Minors may not use the Services under any circumstances. By using the Services, you represent and warrant that you meet these eligibility requirements and that all information you provide is accurate, current, and complete. Please contact Us at info@kazmirapharmacy.com if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Services without your consent.
We operate subject to state and federal pharmacy regulations. You represent that you are not a person barred from receiving pharmacy services under the laws of the United States or other applicable jurisdictions. Access to and use of the Site and/or the Services is limited exclusively to users in states within the United States where the Services are available. Services are not available to users located outside the United States. You may access general informational Content on the Site only where such access is lawful, but you may not use the Site or Services to request, obtain, or facilitate pharmacy services or Products outside any jurisdiction where We are not licensed or otherwise authorized to operate. Accessing or using the Site or Services in a manner that would cause Us to violate applicable pharmacy, telehealth, healthcare, controlled substances, consumer protection, privacy, or other laws is prohibited.
a. Prescription Receipt and Compounding
Kazmira Pharmacy accepts prescriptions from licensed Providers. Providers may submit prescriptions through Surescripts, Our secure pharmacy portal, or eFax. Each prescription must include all information required by law and by Our dispensing procedures, including the patient’s name, date of birth, formulation strength or concentration, quantity, directions for use, and authorized refills, if any. Our pharmacy team is available for prescription clarification and coordination needs. Upon receipt of a valid prescription and completion of any required verification, We will contact you to confirm payment before compounding begins. Each medication is individually compounded by licensed pharmacists using verified ingredients in accordance with applicable 503A compounding regulations.
Kazmira Pharmacy
34501 East Quincy Avenue, Building 65, Suite C, Watkins, CO 80137
By accepting these Terms of Service, you acknowledge and accept that all clinical follow-up remains with the prescribing clinician. Kazmira Pharmacy is solely responsible for the compounding, dispensing, packaging, labeling, and delivery of Prescription Products (as defined below) in accordance with applicable pharmacy law. You may also request that your prescription be sent to a pharmacy of your choosing, in which case you will be responsible for picking up or otherwise obtaining the Prescription Product and paying the pharmacy directly.
b. Provider Onboarding and Coordination
Licensed clinicians may contact Kazmira Pharmacy to onboard as prescribing Providers. Provider onboarding is available only to healthcare professionals and is subject to verification of identity, licensure, authority to prescribe, and compliance with applicable regulations and Our policies. By onboarding, Providers agree to submit prescriptions in accordance with Our policies and applicable law.
Our team can assist with delivery questions or refill requests as authorized by your clinician. We do not provide medical advice, modify prescriptions, or make clinical recommendations. All clinical decisions, including whether to prescribe, what to prescribe, and any treatment modifications, remain solely with the prescribing clinician.
4. PRODUCTS
a. Products Generally
We may offer certain Products, including prescription cannabinoid products compounded by Kazmira Pharmacy pursuant to valid patient-specific prescriptions. We do not sell over-the-counter CBD products through the Site. All prices are in U.S. Dollars. Any reference on the Site to any Products or other information by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply Our endorsement, sponsorship or recommendation of any third-party product, service, supplier, manufacturer, therapy, or outcome.
You understand and agree that all Products and any associated information should be used strictly in accordance with their prescriptions, labeling, instructions, precautions and guidelines and in accordance with applicable laws in your jurisdiction. Compounded formulations are not FDA-approved, and the FDA has not reviewed any compounded formulation for safety, effectiveness, or quality. Unless expressly stated by Us, the statements made about the Products have not been independently verified by Us, have not been evaluated by any government agency, and may not necessarily apply to you or all individuals.
You should always review the ingredients, labeling, dosing, directions, warnings and packaging information for the Products to avoid allergic reactions, drug interactions, dosing errors, or other adverse consequences. Use of the Content related to a Product is not meant to serve as a substitute for professional medical advice, diagnosis or treatment. Please consult with your Provider, your own physician or another healthcare practitioner regarding the use of any Product before using it. Your Provider, physician or other healthcare practitioner is available to address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical-related questions, and the Site does not replace any medical professional or medical resource. We do not represent ourselves as a physician nor is this implied.
The Products available through the Site are for the applicable patient’s personal use only and may not be resold, transferred, redistributed, reverse engineered, repackaged, relabeled, or used for any commercial purpose. Among other remedies, We reserve the right to terminate Site access, cancel orders, refuse fulfillment or notify applicable authorities if We have reason to believe any person is purchasing, attempting to obtain, or using Products for commercial use, diversion, resale, distribution, unlawful use, or any purpose inconsistent with a valid prescription. You understand that the prices for Our Products may change without notice.
b. Prescription Products
Our Products require a valid prescription by a licensed clinician. You may not purchase, obtain or request fulfillment of a Product unless a licensed Provider has issued a valid prescription. The prescribing clinician will determine the appropriate medication, concentration, quantity, directions, refills and supply based upon state regulations and his/her own professional judgment. There is no guarantee a prescription will be written or that We will be able or permitted to compound and dispense any prescription. Kazmira Pharmacy reserves the right to decline to compound or dispense a prescription where permitted or required by applicable law, including if We determine that a prescription is incomplete, unclear, expired, invalid, potentially fraudulent, outside Our dispensing authority, inconsistent with Our policies, or otherwise presents a safety, legal, regulatory, payment, supply, or operational concern.
Prescriptions are compounded and fulfilled by Kazmira Pharmacy and shipped directly to you where delivery is legally and operationally available. You are responsible for providing a complete and accurate delivery address, receiving shipments promptly, inspecting Products upon receipt, storing Products as directed, preventing access by children, pets, or unauthorized persons, and promptly contacting your Provider or Kazmira Pharmacy about any delivery, labeling, storage, packaging, or safety concern. You may also request that your prescription be sent to a pharmacy of your choosing. If you elect an external pharmacy, you will be responsible for picking up or otherwise obtaining the Prescription Product and paying the pharmacy directly for the cost of the Prescription Product. Prescriptions fulfilled by Kazmira Pharmacy may not use child-resistant packaging and Prescription Products may not be dispensed in child-resistant containers unless otherwise required by applicable law.
c. Returns and Refunds
Because Products are custom compounded, prescription-only, regulated, and patient-specific, orders may not be cancelled after compounding begins and, once processed, dispensed, shipped, or delivered by Kazmira Pharmacy, they are non-returnable and non-refundable except where required by applicable law or expressly approved by Us in writing. If Kazmira Pharmacy cancels an order before compounding or dispensing because We cannot lawfully or operationally fulfill it, We may refund amounts actually paid for the cancelled order to the original payment method, less any amounts that are non-refundable under applicable law, third-party payment rules, or Our posted policies. For more information on returns and refunds, please contact Us at info@kazmirapharmacy.com.
5. SITE CONTENT
Our Site may also contain Content, which includes, but is not limited to, information regarding Our Products and Services and other information (whether in text, audio, graphics, and/or video) provided by Us, third parties, or other users. You may access and use the Content on the Site only as permitted under these Terms of Service and the Privacy Policy. You agree that you will not use, copy or distribute any of the Content other than as expressly provided herein. You understand that by using the Site, you may be exposed to Content that may be offensive, indecent or objectionable, and you agree that We shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you.
a. Our Content
All Content presented by Us is intended to be used for personal, educational or informational purposes only. Any reliance on the Content is at your own risk. You agree and understand that We are not responsible if any Content made available on the Site, or as part of a Product or Service, is not accurate, complete or current. We reserve the right to modify the Content at any time, but We have no obligation to update any of the Content. You agree that it is your responsibility to monitor any changes to the Content.
b. User-Generated Content
As part of our Services, we may now or in the future provide various social media and interaction tools such as forums and posting comments and reviews. These Terms of Service govern your participation in such social media tools. You understand that We are not liable for any statements, representations, or Content provided by Our users in any forum on the Site (such Content shall be referred to as “User-Generated Content”) or any Third-Party Site (defined below). User-Generated Content, if displayed, is displayed for entertainment and informational purposes only. We cannot and do not guarantee the accuracy, integrity or quality of User-Generated Content. You will not hold Us liable in any way for (i) any errors or omissions in any User-Generated Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any User-Generated Content.
6. YOUR OBLIGATIONS; YOUR REPRESENTATIONS AND WARRANTIES
In addition to any other obligations set forth in these Terms of Service, you understand and agree that you are solely responsible for maintaining the security of your account. You are also solely and fully responsible for all activities that occur under your username and any other actions taken in connection with your account. You agree to immediately notify Us in writing of any unauthorized use of this Site or any other breaches of security. You acknowledge and agree that we will not be liable for any acts or omissions by you, including any loss or damage of any kind incurred as a result of such acts or omissions.
You are solely responsible for providing and maintaining at your own expense, appropriate technological capabilities to use the Site, access the Services, communicate through secure channels designated by Us, and obtain Products. You shall submit only truthful, complete, and accurate information through the Site or Services, including account, identity, contact, payment, eligibility, prescription, delivery, and health-related information. You shall not submit PHI or other sensitive health information through any general contact form or other channel that Kazmira Pharmacy has not designated for that purpose. We reserve the right to change the access configuration, including any software, hardware or other requirements at any time and without prior notice.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site, Services, Products or Content, (a) for any unlawful, unsafe, fraudulent, abusive or unauthorized purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, scrape, harvest, index, train artificial intelligence on, or otherwise extract data from the Site except as expressly authorized by Us in writing; (j) for any obscene or immoral purpose; or (k) to interfere with, circumvent, test, reverse engineer, disable, or compromise the security features, access controls, geolocation controls, identity verification processes, prescription verification processes, payment systems, or operational integrity of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site and any Service, cancel or refuse orders, preserve evidence, and cooperate with regulators, payment processors, law enforcement, or other authorities for violating any of the prohibited uses.
By submitting any Content via the Site (such Content shall be referred to as “Your Content”), you further represent and warrant that:
- You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions in Your Content to permit use of Your Content in the manner contemplated by these Terms of Service);
- Your Content does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
- All “moral rights” that you may have in Your Content have been voluntarily waived by you;
- To the extent applicable, you shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising;
- Your Content is accurate and not deceptive or misleading;
- You are at least eighteen (18) years old and, if you submit Content on behalf of a patient, Provider, clinic or other person or entity, you are authorized to do so and to bind that person or entity to these Terms of Service;
- Your Content does not cause injury to any person or entity or violate any obligations you may have with a third party;
- Your Content is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
- Your Content does not contain any computer viruses, worms or other potentially damaging computer programs or files;
- Your Content is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and
- Your Content does not violate these Terms of Service, the Privacy Policy or any applicable law, rules or regulations.
You understand that We may, but have no obligation to, monitor, edit or remove content that We determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. We may also investigate suspected violations of these Terms of Service and cooperate with law enforcement, regulators, payment processors, service providers, and other third parties as We deem appropriate. Except as otherwise provided in these Terms of Service, you understand and agree that Your Content will be treated as non-confidential and non-proprietary information.
7. BILLING
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that We can complete your transactions and contact you as needed. You will be responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees due with respect to your purchase of Products or Services. You also agree to pay for the shipping and handling charges, if any, shown at the time you make a purchase.
In the event that a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, We shall have the right to refuse or cancel any orders placed for the Products and/or Service(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, We will promptly issue a credit to your credit or debit card account in the amount of the charge.
a. Payment Terms
Fees are presented at checkout before you confirm any purchase. By submitting payment, you authorize Kazmira LLC, Our payment processors and other service providers to charge, store, verify and re-submit your designated payment method for all applicable fees, taxes, shipping and handling charges, failed payment amounts, chargeback amounts, and other amounts due under these Terms of Service, subject to applicable law and the terms of the applicable payment processor. Prices are subject to change.
Kazmira Pharmacy is not a health insurer. The Services operate on a cash-pay basis only. We do not accept commercial health insurance, and are not in-network with any insurance plan. We are not enrolled as providers under Medicare, Medicaid, or any federal or state healthcare program. No claims will be submitted to any insurer or governmental payor on your behalf. HSA and FSA cards are typically accepted as a method of payment. By using the Services, you acknowledge that you are solely responsible for all fees and that you have sole financial responsibility for all Services and Products provided to you.
We reserve the right to refuse any order you place with Us or limit or cancel quantities in Our sole discretion. If We make a change to or cancel an order, We may attempt to notify you by contacting you through your account or at the e-mail and/or billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors.
We accept payment from accounts using credit or debit cards commonly associated with these types of accounts. We make no warranty, expressed or implied, that your payment will be accepted by your administrator as a valid expense for the account, depending on restrictions that may exist on your own account.
8. THIRD PARTIES; THIRD-PARTY LINKS
You acknowledge and understand that certain of Our shareholders, directors, officers, employees, contractors or agents may have a financial interest in one or more third parties and may profit from your use and/or the sale of such Services and Products. You further acknowledge that Providers, telehealth platforms, care platforms, manufacturers, suppliers, payment processors, shipping carriers, technology vendors, and other third parties may be independent from Kazmira Pharmacy, and Kazmira Pharmacy is not responsible for their acts, omissions, clinical decisions, professional advice, availability, security practices, content, products, services, fees, or policies, except to the extent expressly required by applicable law.
Further, certain Content, Products and Services available on the Site may include materials from third parties. You understand and agree that We have no responsibility for the accuracy, suitability or reliability of such third-party Content.
Third-party links on the Site may direct you to a third-party website that is not affiliated with Us (“Third-Party Site”). We are not responsible for examining or evaluating the content or accuracy of the information available on Third-Party Sites, and We do not warrant and will not have any liability or responsibility for any third-party materials or information contained on a Third-Party Site, or for any other materials, products, or services of third parties.
You understand and agree that We will not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party. Please carefully review the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the applicable third party.
9. INTELLECTUAL PROPERTY; LICENSES
a. Intellectual Property
This Site, including all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, is protected under applicable intellectual property and other laws, including, without limitation, the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Us, or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without Our express prior written permission.
We hereby grant you permission, to the extent necessary, to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you: (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
Our name and logo, all Service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Us (“Our Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use Our Marks in any manner without Our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of Our Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
If you are an intellectual property owner and believe that Content on Our Site infringes your rights, please contact us at info@kazmirapharmacy.com. To submit an intellectual property complaint, you must provide information reasonably sufficient for Us to identify the work claimed to be infringed, identify and locate the allegedly infringing material, contact you, and evaluate your claim, including your name, address, telephone number, email address, a statement that you have a good-faith belief that the disputed use is not authorized, and a statement that the information in your notice is accurate and that you are the owner or authorized to act on behalf of the owner of the applicable rights. We may remove or disable access to allegedly infringing material and may terminate repeat infringers in appropriate circumstances.
b. Your Content and Feedback
You grant us a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable and transferable right and license to Your Content to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute Your Content and/or incorporate Your Content into any form, medium or technology throughout the world without compensation to you. This license will survive the termination of these Terms of Service.
You understand and agree that any ideas, suggestions, knowhow, improvements, comments, or other feedback (collectively, “Feedback”) that you submit to Us, whether by posting Your Content on Our Site or through any other communication or means, will be Our exclusive property. To the extent you own any rights in the Feedback, you agree to assign and hereby do assign to Us all right, title and interest in and to the Feedback. You agree to perform all acts reasonably requested by Us to perfect and enforce such rights.
10. TERMINATION
We may terminate, suspend, restrict or refuse your access to the Site or any of the Services at any time and for any reason, including, without limitation, your breach of any of the Terms of Service; suspected fraud, diversion, misuse, unsafe conduct, unauthorized access, or unlawful activity; payment failure; prescription, identity, location, or eligibility concerns; supply, operational, regulatory, or safety concerns; or any circumstance in which We determine that providing access, Services, or Products may create legal, regulatory, safety, security, payment, or reputational risk. Upon termination, your access to the Site and the terminated Services will immediately cease but you will remain liable for all amounts due, up to and including the date of termination (including amounts due for Products purchased prior to such termination). The disclaimers, limitations of liabilities, releases, waivers, payment obligations, ownership provisions, licenses, indemnification obligations, dispute-resolution provisions, and other provisions that by their nature should survive shall survive any such termination.
11. DISCLAIMER OF WARRANTIES
STATEMENTS MADE ON OUR SITE REGARDING OUR PRODUCTS, ACTIVE PHARMACEUTICAL INGREDIENTS, SERVICES, OR CONTENT HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION UNLESS EXPRESSLY STATED OTHERWISE. THE EFFICACY OF OUR PRODUCTS HAS NOT BEEN CONFIRMED BY FDA-APPROVED RESEARCH. CONTENT ON THE SITE IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. ALL INFORMATION PRESENTED ON OUR SITE IS NOT MEANT AS A SUBSTITUTE FOR OR ALTERNATIVE TO INFORMATION FROM HEALTH CARE PRACTITIONERS. PLEASE CONSULT YOUR HEATH CARE PROFESSIONAL ABOUT POTENTIAL INTERACTIONS OR OTHER POSSIBLE COMPLICATIONS BEFORE USING ANY PRODUCT.
ALL PRODUCTS AND SERVICES, THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” KAZMIRA LLC (D/B/A KAZMIRA PHARMACY) DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT THE CONTENT, PRODUCTS, SERVICES OR THE SITE ARE OR WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THIS SITE, OR ANY OTHER SOFTWARE, TECHNOLOGY OR SERVERS USED IN THE DELIVERY OF THE SITE (AND ITS CONTENT), THE PRODUCTS OR THE SERVICES ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT WHEN YOU VIEW, DOWNLOAD OR OTHERWISE OBTAIN CONTENT FROM OR THROUGH THE SITE, OR BY USING THE SERVICES OR A PRODUCT, YOU DO SO AT YOUR OWN RISK, AND THAT YOU WILL BE WHOLLY RESPONSIBLE FOR YOUR USE OF THE FOREGOING AND ANY LOSS OF DATA, DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR ANY OTHER HARM THAT MAY RESULT FROM SUCH USE. FURTHER, YOU UNDERSTAND THAT THE CONTENT AND OTHER INFORMATION AVAILABLE TO YOU AND THE TECHNOLOGY USED TO FORMULATE AND DELIVER SUCH CONTENT AND INFORMATION MAY CONTAIN ERRORS, BUGS, PROBLEMS OR OTHER LIMITATIONS, AND THAT YOUR USE OF SUCH INFORMATION AND CONTENT IS AT YOUR OWN RISK AND SHOULD NOT RELY UPON IT WITHOUT VERIFICATION.
12. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE, OUR AGENTS, CONTRACTORS, AFFILIATES, SERVICE PROVIDERS, LICENSORS, SUPPLIERS, REPRESENTATIVES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “OUR PARTIES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE, THE CONTENT, OR ANY OF THE SERVICES OR PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR PARTIES SHALL NOT HAVE ANY LIABILITY, ON ANY LEGAL BASIS WHATSOEVER, TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, CONTENT, PRODUCTS AND SERVICES, EVEN IF OUR PARTIES WERE ADVISED OF OR WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, OUR PARTIES’ LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID FOR PRODUCTS AND SERVICES IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE EVENT THAT IS THE BASIS FOR THE CLAIM.
YOU AGREE THAT YOU MUST BRING ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR CONTENT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED OR ELSE YOU WAIVE YOUR RIGHT TO BRING SUCH CLAIMS.
13. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Our Parties from any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Site, Content, Services, or Products or your breach of these Terms of Service (including any referenced policies or notices), or your violation of any law or the rights of a third party. We reserve the right to defend any such claim, and in such case you shall provide Us with such reasonable cooperation and information as We may request.
14. ELECTRONIC COMMUNICATIONS
In connection with your access or use of the Services, including the Site, you hereby consent to receive electronic communications from Us, whether through email, SMS, or through the Site, or other electronic means, including communications regarding prescriptions, onboarding, payment, order status, shipping, account administration, legal notices, privacy notices, and service updates. You hereby agree that such electronic communications will satisfy any legal requirement that such communications be in writing and are deemed to be given on the date transmitted to you. You are responsible for maintaining current contact information and for reviewing communications from Us. Electronic communications may not be encrypted unless transmitted through a secure channel designated by Us, and you should not use email, SMS, or general website forms for emergencies or to submit PHI unless We expressly designate the channel for that purpose. You may opt out of promotional email communications by contacting Us at info@kazmirapharmacy.com. You may opt out of SMS communications at any time by replying STOP. Message and data rates may apply. Opting out of certain communications may affect Our ability to provide Services to you, and transactional, legal, safety, prescription, payment, and account-related communications may continue where permitted by law.
15. DISPUTE RESOLUTION; ARBITRATION AGREEMENT
Binding Individual Arbitration; No Class Actions
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.
a. Disputes that Must Be Arbitrated
This agreement applies to any “Dispute” between you and Kazmira Pharmacy. “Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below) between you and Kazmira Pharmacy that arise out of your use of the Site, Content, Products, or Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party seeks legal recourse, including the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.
The exceptions to this arbitration requirement set forth in this Section are: (i) claims that can be brought as individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if the law allows; (iii) an action to compel or uphold any prior arbitration decision; (iv) your or Kazmira Pharmacy’s right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (v) claims of intellectual property infringement; (vi) claims that are the subject of a proposed class or collective action settlement in any court; (vii) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (viii) certain roles expressly specified for courts in the terms below.
b. Informal Resolution
If you have a Dispute against Kazmira Pharmacy or if Kazmira Pharmacy has a dispute against you, Kazmira Pharmacy will attempt to resolve the Dispute informally before an arbitration is filed in order to resolve the Dispute faster and reduce costs for both parties. You and Kazmira Pharmacy will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days (“Informal Resolution”) from the day you or Kazmira Pharmacy receive a written notice of a dispute from the other party (a “Notice of Dispute”) in accordance with these Terms of Service.
You must send any Notice of Dispute by email or via U.S. mail to one of the following addresses:
or
Kazmira LLC (d/b/a Kazmira Pharmacy)
34501 East Quincy Avenue, Building 65, Suite C, Watkins, CO 80137
Kazmira Pharmacy will send any Notice of Dispute to your registered email address and ATTN: NOTICE OF DISPUTE to the email address and any address you have provided Kazmira Pharmacy. The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought.
The Notice requirement is designed to allow Kazmira Pharmacy (or you, in the case of a dispute Kazmira Pharmacy asserts against you) to make a fair, fact-based offer of settlement if Kazmira Pharmacy or you choose to do so. You and Kazmira Pharmacy cannot proceed to arbitration unless this information has been provided. If you or Kazmira Pharmacy proceed to arbitration without providing a compliant Notice of Dispute, the sufficiency of a Notice of Dispute is an issue to be decided by a court. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice of Dispute to reimburse the other party for any arbitration fees and costs already incurred.
c. Small-Claims Court
You and Kazmira Pharmacy agree that notwithstanding the obligation to arbitrate Disputes, Disputes that qualify for small-claims court in either the county where you live or in Denver, Colorado, may be brought as individual actions in such small-claims courts. Kazmira Pharmacy hopes you will try Informal Resolution first, and you must do so before commencing an arbitration, but you don’t have to complete the Informal Resolution process before going to small-claims court.
d. Binding Individual Arbitration
THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances does Kazmira Pharmacy consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.
You and Kazmira Pharmacy agree that Disputes will be settled by binding individual arbitration conducted by the American Arbitration Association (“AAA”) according to the U.S. Federal Arbitration Act (“FAA”) and federal arbitration law and according to the Consumer Arbitration Rules of the American Arbitration Association, as modified by these Terms of Service. These Terms of Service affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the FAA, 9 U.S.C. § 1, et seq., to the extent permitted by law.
“Arbitration” means that Disputes between you and Kazmira Pharmacy will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
“Individual” means that the arbitrator may award the same remedies to you or to Kazmira Pharmacy as a court could, but only to satisfy your or Kazmira Pharmacy’s individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or Us as part of the resolution of any Dispute.
“Binding” means that both you and Kazmira Pharmacy will have to live with the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, these Terms of Service, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Service, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.
e. Arbitration Procedure and Location
You or Kazmira Pharmacy may initiate arbitration of any Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with AAA in accordance with the AAA Consumer Arbitration Rules, as modified by these Terms of Service. Instructions for filing a Demand for Arbitration are available at https://www.adr.org/consumer or by contacting AAA. You will send a copy of any Demand for Arbitration by email or via U.S. mail to the following address:
or
Kazmira LLC (d/b/a Kazmira Pharmacy)
34501 East Quincy Avenue, Building 65, Suite C, Watkins, CO 80137
Kazmira Pharmacy will send any Demand for Arbitration to the email address and to any address you have provided Kazmira Pharmacy.
The arbitration will be conducted by a single arbitrator. You and Kazmira Pharmacy both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms of Service.
For Disputes in which the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and you reside in the United States, the hearing will take place in Denver, Colorado, unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.
You agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration, including to decide the interpretation, applicability, enforceability or formation of this agreement to arbitrate, and any claim that this agreement to arbitrate is void or voidable, as well as threshold issues such as whether the dispute arises out of your use of the Site, Content, Products, or Services, or whether these Terms of Service or the agreement to arbitrate is applicable, unconscionable, or illusory and any defense to arbitration, including waiver (actual or implied through litigation conduct), delay, laches, or estoppel. If there is a dispute about whether this agreement to arbitrate can be enforced or applied to a dispute, you and We agree that the arbitrator will decide that issue.
The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and Kazmira Pharmacy agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are Individual to you or Kazmira Pharmacy to satisfy one of Our individual claims (that the arbitrator determines are supported by credible relevant evidence).
An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
f. Consumer Arbitration Fees
Payment of all filing, administration, and arbitrator costs and expenses imposed by the AAA will be governed by the Consumer Arbitration Rules, except if you are initiating an arbitration against Kazmira Pharmacy and the value of the relief sought is $10,000 or less, then Kazmira Pharmacy will advance all filing, administrative and arbitration costs and expenses imposed by the AAA (subject to reimbursement if the arbitrator finds the arbitration to be frivolous or asserted for an improper purpose).
Even if the Dispute involves a claim of damages of more than USD $10,000, Kazmira Pharmacy may still help you with your fees if you demonstrate that arbitration costs will be prohibitive compared to litigation costs, Kazmira Pharmacy will pay as much of your arbitration costs as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation).
Notwithstanding Kazmira Pharmacy’s agreement to pay all of the arbitration costs if the Dispute involves a claim of damages of USD $10,000 or less, Kazmira Pharmacy will not pay a claimant’s share of fees if (1) the claimant is represented by the same common or coordinated counsel as other claimants with similar claims unless the total aggregated claim of damages is USD $10,000 or less for all claimants; or (2) you do not comply in good faith with the Informal Resolution provision of this section.
You and Kazmira Pharmacy agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Applicable law may allow the arbitrator to award attorneys’ fees and costs to the prevailing party.
You are responsible for all other additional costs that you may incur in the arbitration, including attorneys’ fees and expert witness costs, unless Kazmira Pharmacy is otherwise specifically required to pay such fees under applicable law.
Arbitration costs do not include your attorneys’ fees and expenses if you choose to be represented by an attorney. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise.
If Kazmira Pharmacy starts an arbitration against you, Kazmira Pharmacy will pay all filing fees.
g. Coordinated Filings
If 25 or more Disputes are initiated with the arbitrator that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases.” Kazmira Pharmacy will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees as set by the Rules and the AAA’s fee schedule for mass arbitrations. Applicable statutes of limitations will be tolled for all claimants who have provided compliant Notices of Dispute to Kazmira Pharmacy but demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below, and Kazmira Pharmacy shall not be required to pay any fees associated with cases that this agreement does not allow to be filed.
Once all Notices of Dispute have been provided to Kazmira Pharmacy for Coordinated Cases, counsel for claimants and counsel for Kazmira Pharmacy shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate its half of the cases selected for bellwether trials. If counsel for claimants and for Kazmira Pharmacy do not agree on the number of bellwethers, the number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is among Coordinated Cases filed against Kazmira Pharmacy, resolution of your personal claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Disputes based on similar claims to Coordinated Cases filed against Kazmira Pharmacy.
A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
Once all bellwether trials have concluded (or sooner if the counsel for the claimants in the Coordinated Cases and Kazmira Pharmacy agree), the parties must make a good-faith effort to resolve all remaining cases that were not chosen for a bellwether proceeding by engaging in a single mediation of all remaining cases. Each side shall pay half the applicable mediation fee. Counsel for claimants in the Coordinated Cases and for Kazmira Pharmacy must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants in the Coordinated Cases and for Kazmira Pharmacy cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants in the Coordinated Cases and for Kazmira Pharmacy will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
If the mediation does not yield a global resolution, then claimants in Coordinated Cases who provided compliant Notices of Dispute, but whose claims were not resolved in bellwether proceedings shall no longer have the right to arbitrate their Dispute. Instead, outstanding claims from such cases may be filed only in the state courts in Denver, Colorado, or if federal jurisdiction exists, in the United States District Court for the District of Colorado, and you consent as part of these Terms of Service to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Kazmira Pharmacy from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Kazmira Pharmacy reserves the right to contest class certification at any stage of the litigation and on any available basis.
A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
h. Continuation in Effect
The dispute resolution process set forth in this agreement survives the termination of any other agreement between you and Kazmira Pharmacy.
i. Future Terms Changes
Although Kazmira Pharmacy may revise these dispute resolution terms in its discretion, Kazmira Pharmacy does not have the right to alter this agreement, or the arbitration rules specified herein, with respect to any Dispute once that Dispute arises if such change would make arbitration procedures materially less favorable to the claimant. The question of whether a change is materially less favorable to the claimant shall be decided by the arbitration provider as a process matter.
j. Class Action Waiver
To the maximum extent permitted by applicable law, disputes, claims, and controversies not subject to the requirement to arbitrate (including, but not limited to, claims filed in small claims court and claims that are deemed not subject to the requirement to arbitrate) may not be aggregated together in a class action, except that (as set forth above in Coordinated Filings provision) if a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Kazmira Pharmacy reserves the right to contest class certification at any stage of the litigation and on any available basis. Accordingly, to the maximum extent permitted by applicable law, you and Kazmira Pharmacy will only bring disputes, claims, or controversies between Kazmira Pharmacy in an individual capacity only and shall not:
- seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or
- consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms of Service.
k. Severability
If all or any provision of this agreement is found invalid, unenforceable, or illegal, then you and Kazmira Pharmacy agree that the provision will be severed, and the rest of these terms shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and Kazmira Pharmacy agree that this entire agreement to arbitrate (but not the separate class action waiver) will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified herein.
l. Your 30-Day Right to Opt Out
You have the right to opt out of and not to be bound by the Binding Individual Arbitration provisions set forth in these Terms of Service (except for the class action waiver, which is not subject to an opt-out). To exercise this right, you must send written notice of your decision by email or via U.S. mail to one of the following addresses:
or
Kazmira LLC (d/b/a Kazmira Pharmacy)
34501 East Quincy Avenue, Building 65, Suite C, Watkins, CO 80137
Your notice must include your name, mailing address, and email address associated with your account with Kazmira Pharmacy, and state that you do not wish to be bound by the Binding Individual Arbitration provisions set forth in these Terms of Service. TO BE EFFECTIVE, THIS NOTICE MUST BE EMAILED, POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS OF SERVICE UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION. You are responsible for ensuring that Kazmira Pharmacy receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these provisions, Kazmira Pharmacy will not be bound by them with respect to disputes with you.
16. GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflicts of law provisions.
17. THIRD-PARTY BENEFICIARIES
Any use of third-party software (or associated third-party products or services) shall be governed by the applicable party’s license or terms of use, and not by these Terms of Service. In addition to this agreement, your use of the Service and the Site (and the Content) must comply with all applicable third-party terms of use.
Except as expressly set forth herein (e.g., with respect to disclaimers and indemnification in favor of Our Parties), the parties agree that there are no third-party beneficiaries of these Terms of Service.
18. GENERAL TERMS
a. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
b. These Terms of Service (together with the other policies posted on our Site and/or additional Site terms applicable to you) contain the entire understanding and agreement between you and Us with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Us with respect to this Site and your use of this Site.
c. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
d. We will not be deemed to be in breach of these Terms of Service or liable for any breach of these Terms of Service or Our Privacy Policy due to any event or occurrence beyond Our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, riots, embargoes, acts of civil or military authorities, shortages of transportation facilities, fuel, energy, labor, supplies, ingredients, packaging, carriers, payment systems or materials, pandemic, accidents, earthquakes or floods, civil disorder, strikes, fire, public health emergencies, regulatory actions, supply chain disruptions, pharmacy system interruptions or other disaster.
e. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
f. These Terms of Service shall not create any partnership, joint venture, employment, or other agency relationship between you and Us.
g. We may, in Our sole discretion, transfer Our contractual rights and obligations set forth in these Terms of Service to any affiliate of Us or to another third party in the event that some or all of Our business is transferred to a third party by way of merger, sale of its assets or otherwise. You may not assign any of your rights hereunder, and any such attempt by you will be deemed null and void.
19. CONTACT INFORMATION
Questions about the Terms of Service should be sent to Us at info@kazmirapharmacy.com or by mail at Kazmira LLC (d/b/a Kazmira Pharmacy), 34501 East Quincy Avenue, Building 65, Suite C, Watkins, CO 80137. Pharmacy support may also be available by phone at 720.254.4593 during posted business hours, but legal notices under these Terms of Service must be sent as expressly provided in these Terms of Service.