Terms of Use and Service

Swenson Pharmacy Advisors - Terms of Use and Service

Effective Date: November 16, 2023

1. Introduction and Acceptance of Terms

This website is operated by Swenson Pharmacy Advisors LLC (the "Company," "we," "us," or "our"). These Terms of Use and Service (“Agreement”) govern your access to and use of the Company's website located at www.swensonpharmacyadvisors.com(the "Website") and any services (the "Services") provided by the Company. By using the Website and Services, you agree to these Terms. If you do not agree, please refrain from using the Website and Services. These Terms apply to all visitors, users, and others who access or use our Website or Services.

2. Amendments to the Terms

The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Website and Services following the posting of changes will constitute your acceptance of such changes.

3. Use of the Website and Services

Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable license to access and use the Website and Services. You are not permitted to resell or charge others for use of or access to the Website or Services, or in any other manner inconsistent with these Terms. The Company reserves the right to withdraw or amend this Website, and any Service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

4. User Conduct and Responsibility

You are responsible for your own conduct while accessing or using the Website or Services. You agree to use the Website and Services only for purposes that are legal, ethical, and in accordance with these Terms and any applicable laws or regulations. You are prohibited from engaging in any activity that infringes or violates the rights of others or that interferes with the operation of the Website or Services or other users' enjoyment of the Website or Services.

5. Intellectual Property Rights

The Company and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the Website and Services. The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

6. User Indemnity

You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website or Services, including, but not limited to, any use of the Website's content, Services, and products other than as expressly authorized in these Terms.

7. Limitation of Liability and Disclaimer of Warranties

Swenson Pharmacy Advisors LLC (the "Company"), its directors, employees, agents, contractors, licensors, suppliers, successors, and assigns (collectively, the "Company Parties") do not provide any assurances, endorsements, warranties, or representations, express or implied, as to the completeness, accuracy, reliability, validity, or timeliness of the website, its content, or the services provided.

All warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose, are expressly disclaimed by the Company to the fullest extent permitted by law. This does not impact any warranties which cannot be excluded or limited under applicable law. The information and content on the website and services provided are intended for general informational purposes only and do not constitute professional advice.

The access and use of the website, its content, and any services or items obtained through the website are undertaken at your sole risk. The Company Parties will not be held accountable for any errors or omissions, or for any actions taken based on the content or information of this website, or for any damage or loss resulting from any interruption, error, omission, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, unauthorized access to or alteration of the website, or the services provided.

To the maximum extent permitted by applicable law, none of the Company Parties shall be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other financial loss) resulting from this Agreement or the use of or inability to use any service, even if the Company has been informed of the possibility of such damages.

The Company's entire liability under any provision of this Agreement shall be limited to the amount paid by you, if any, for the services during the three (3) months preceding the event giving rise to the claim. The Company Parties are not responsible for any defamatory, offensive, or illegal conduct of any other website user or third party, and the risk of harm or damage from the foregoing rests entirely with you. Your sole and exclusive remedy for dissatisfaction with the website or related services is to cease your use of the website. In jurisdictions where exclusions or limitations of certain warranties or types of damages are not permitted, the aforementioned exclusions and limitations will apply to the fullest extent permitted by applicable law.

8. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the state of Minnesota, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located within the state of Minnesota for resolution of any lawsuit or court proceeding permitted under these Terms.

9. Contact Information

If you have any questions or comments about these Terms or your dealings with the Website or our Services, you may contact us at the following address: lee@swensonpharmacyadvisors.com.

10. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

11. Waiver

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Your use of our Website and Services constitutes your acceptance of these Terms of Use and Service.