TERMS OF SERVICE

Welcome to Flows Pharmacy Keene! Please take a few minutes to read these important terms and conditions ("Terms").

1. USER AGREEMENT

A. ACCEPTANCE OF TERMS

Your access to the Flows Pharmacy Keene (“Flows Pharmacy Keene”) mobile application and websites and co-branded Flows Pharmacy Keene-affiliate websites, (collectively, the “Flows Pharmacy Keene Digital Services”) is subject to the Flows Pharmacy Keene Privacy Policy, HIPAA Privacy, and these Terms of Use. 

If you do not agree with any of these terms, you are prohibited from using the Flows Pharmacy Keene digital services.  BY USING THE Flows Pharmacy Keene DIGITAL SERVICES, YOU AGREE TO THESE TERMS OF USE.

B. MODIFICATION OF TERMS OF USE

The mobile application and this website are owned and operated by Flows Pharmacy Keene.  Flows Pharmacy Keene reserves the right to change, modify, add or remove portions of these Terms of Use at any time and in its sole discretion.  Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms.  You are responsible for reviewing and becoming familiar with any such modifications.  Your continued use of Flows Pharmacy Keene Digital Services following the posting of any changes to these Terms of Use means you accept and agree to such changes.  As long as you comply with these Terms of Use, Flows Pharmacy Keene grants you a personal, non-exclusive, non-transferable, limited privilege to access and use Flows Pharmacy Keene Digital Services. 

C. DISCLAIMER

All information provided through the Flows Pharmacy Keene Digital Services is subject to change without notice. While efforts have been made to make the mobile application and website helpful and accurate, due to the open nature of the Flows Pharmacy Keene Digital Services and the potential for errors in the storage and transmission of digital information, Flows Pharmacy Keene does not warrant the accuracy of information obtained from this website.

Product references or comparisons do not imply that all products referenced or compared are available, or in the case of functional equivalency, that performance and other characteristics are perfectly comparable. For critical products, confirm availability and review specifications prior to purchase.

2. CONTENT

All information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”), including but not limited to the selection, coordination, arrangement and enhancement of such Content, contained on Flows Pharmacy Keene Digital Services is owned, controlled or licensed by or to Flows Pharmacy Keene, and is protected by trade dress, copyright, patent and/or trademark laws, and/or various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of Flows Pharmacy Keene Digital Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “framing” or “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Flows Pharmacy Keene’s express prior written consent.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part.  If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.

A. TRADEMARKS

The Flows Pharmacy Keene Digital Services contains many Flows Pharmacy Keene, Flows Pharmacy Keene, and third-party trademarks and service marks.  All marks are the property of their respective companies.  All rights in the intellectual property contained in this website including copyright, trademarks, trade secret and patent rights are reserved.  Access to this website does not constitute a right to copy or use any of the intellectual property of Flows Pharmacy Keene, Flows Pharmacy Keene, or its partners, affiliates, customers, or suppliers.  Statutory notice contained herein represents trademark status in the United States.

B. COPYRIGHT

All materials contained on this website are subject to the ownership rights of Flows Pharmacy Keene, Flows Pharmacy Keene, and/or its third-party customers and suppliers.  Unless otherwise specifically provided, no permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this website.

C. SUBMISSIONS

All remarks, suggestions, ideas, graphics or other information communicated to Flows Pharmacy Keene through this website will forever be the property of Flows Pharmacy Keene. Unless otherwise specified in writing, all material submitted to Flows Pharmacy Keene will be presumed to be public and Flows Pharmacy Keene will not be required to treat the information as confidential. 

D. LINKS TO THIRD-PARTY SITES

The Flows Pharmacy Keene Digital Services may be linked to other websites not maintained by Flows Pharmacy Keene or its affiliates.  Flows Pharmacy Keene provides these links for your reference only and is not responsible for the content of those websites or any services offered through such third-party websites.  The inclusion of any link to such websites does not imply endorsement, sponsorship, or recommendation by Flows Pharmacy Keene of the websites.  Flows Pharmacy Keene disclaims any liability for links from another website to Flows Pharmacy Keene and to another website from Flows Pharmacy Keene.

E. HEALTH-RELATED CONTENT

Any health-related Content residing on the Flows Pharmacy Keene Digital Services describes general principles of health care that should not be construed as specific instructions for individual patients. It is not intended as a substitute for a consultation with your physician and should not be used to diagnose or treat a health problem without consulting your physician.  It is for reference only and should not be used to determine treatment for specific medical conditions.  The Flows Pharmacy Keene Digital Services and their health-related information and resources are not intended and must not be taken as the rendering of pharmaceutical, medical, nursing or professional health care advice or services, or the practice of medicine, nursing or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse or other licensed health care professional.  You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin or supplement discussed on the Flows Pharmacy Keene Digital Services.

You understand and agree that in no event will Flows Pharmacy Keene be liable for any decision made or action taken in reliance on the information contained on, or accessible through, the Flows Pharmacy Keene Digital Services.  Reliance on any information provided by, or otherwise appearing on, the Flows Pharmacy Keene Digital Services is solely at your own risk.

3. ACCESS & USE OF INFORMATION

Access to the Flows Pharmacy Keene Digital Services is limited to viewing the linked web pages solely for legitimate business purposes to access the information provided by Flows Pharmacy Keene on the mobile application or website.  Any access or attempt to access other areas of the Flows Pharmacy Keene system or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this website other than in connection with a legitimate business purpose.

A. YOUR CONDUCT

You must be at least 18 years of age to use the Flows Pharmacy Keene Digital Services.  You agree not to interrupt or attempt to interrupt the Flows Pharmacy Keene Digital Services’ operation or any other person’s use of the Flows Pharmacy Keene Digital Services in any way.  Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other user to enjoy the Flows Pharmacy Keene Digital Services will not be permitted, including by means of hacking or defacing any portion of the Flows Pharmacy Keene Digital Services, or by engaging in password “mining,” spamming, flooding or other disruptive activities.

You may not use the Flows Pharmacy Keene Digital Services or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Flows Pharmacy Keene or others. You are prohibited from posting on or transmitting through the Flows Pharmacy Keene Digital Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent or racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. 

You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Flows Pharmacy Keene Digital Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Flows Pharmacy Keene Digital Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Flows Pharmacy Keene Digital Services.

Flows Pharmacy Keene reserves the right to terminate or suspend your access to and use of the Flows Pharmacy Keene Digital Services without notice, if we believe, in our sole discretion, that it is in violation of these Terms of Use or any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party.

B. ACCOUNTS, PASSWORDS & SECURITY

Certain information or services offered on or through the Flows Pharmacy Keene Digital Services may require you to create an account (including setting up a User ID and password).  You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activities that occur in connection with your password or account.  You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security.  You further agree that you will not permit others, including those whose accounts have been terminated, to access the Flows Pharmacy Keene Digital Services using your account or User ID.  Flows Pharmacy Keene cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

For your account, you agree to provide true, accurate, current and complete information about yourself.  It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete.  If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Flows Pharmacy Keene Digital Services.  Because any termination of your access to the Flows Pharmacy Keene Digital Services may be affected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Flows Pharmacy Keene Digital Services.  Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or the Flows Pharmacy Keene Digital Services.

C. INFORMATION COLLECTED

Flows Pharmacy Keene may collect various types of information from website visitors. Flows Pharmacy Keene will collect transactional information from companies that exchange products through the Flows Pharmacy Keene Digital Services.  The information collected may include shipping information and credit card details.  The Flows Pharmacy Keene web server may also collects general data pertaining to every website visitor, including the IP address, the domain name, the web page, the length of time spent on the website, and the pages accessed while visiting the website.  This information may be collected to, among other things, aggregate statistical information, facilitate system administration, and improve the content of the website and mobile application.  Flows Pharmacy Keene may also retain the content of the communications that are sent to Flows Pharmacy Keene customer service representatives.  This information helps Flows Pharmacy Keene to improve/respond to users’ inquiries regarding the Flows Pharmacy Keene Digital Services.

D. SECURITY

Flows Pharmacy Keene places the utmost importance on protecting information transmitted via the Flows Pharmacy Keene Digital Services and will take security precautions to protect all such information; however, Flows Pharmacy Keene cannot guarantee that any electronic commerce is totally secure.  Flows Pharmacy Keene will take measures to secure and protect all customer-specific information from loss, misuse, and alteration. By using the Flows Pharmacy Keene Digital Services, you also acknowledge and agree that Internet transmissions are never completely private or secure.  You understand that any message or information you send through the Flows Pharmacy Keene Digital Services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Your account Information and certain other information about you is subject to our Privacy Policy.

4. OTHER LEGAL RESTRICTIONS

A. DISCLAIMERS

THE Flows Pharmacy Keene DIGITAL SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND.  Flows Pharmacy Keene DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE INFORMATION, SERVICES, PRODUCTS, MATERIALS AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THIS DIGITAL EXPERIENCE, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Flows Pharmacy Keene DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MOBILE APPLICATION, WEBSITE, OR SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  Flows Pharmacy Keene DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  Flows Pharmacy Keene CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

Flows Pharmacy Keene DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE Flows Pharmacy Keene DIGITAL SERVICES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE Flows Pharmacy Keene DIGITAL SERVICES AND ANY LINKED SITES.  YOUR SOLE REMEDY AGAINST Flows Pharmacy Keene OR Flows Pharmacy Keene FOR DISSATISFACTION WITH THE Flows Pharmacy Keene DIGITAL SERVICES OR ANY CONTENT IS TO STOP USING THE Flows Pharmacy Keene DIGITAL SERVICES OR ANY SUCH CONTENT.  THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of or use, whether for breach of contract, tort, negligence or any other cause of action.

Flows Pharmacy Keene reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Flows Pharmacy Keene Digital Services, or any portion of thereof, for any reason; (ii) to modify or change the Flows Pharmacy Keene Digital Services, or any portion of thereof, and any applicable policies or terms; and (iii) to interrupt the operation of the Flows Pharmacy Keene Digital Services, or any portion of thereof, as necessary to perform routine or non-routine maintenance, error correction or other changes.

B. LIMITATIONS OF LIABILITY

IN NO EVENT WILL Flows Pharmacy Keene BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE Flows Pharmacy Keene DIGITAL SERVICES, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Flows Pharmacy Keene DIGITAL SERVICES (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ON THE Flows Pharmacy Keene DIGITAL SERVICES; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Flows Pharmacy Keene DIGITAL SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE DIGITAL EXPERIENCE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF Flows Pharmacy Keene HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU.

If, notwithstanding the other provisions of these Terms of Use, Flows Pharmacy Keene is found to be liable to you, any liability on the part of Flows Pharmacy Keene will not exceed the fees paid by the user for the particular information or service provided.  Flows Pharmacy Keene is not liable for the unauthorized use of our Content by any other web sites.

C. INDEMNIFICATION

You agree to indemnify and hold Flows Pharmacy Keene, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, parent companies, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Flows Pharmacy Keene by any third party due to or arising out of or in connection to your violation of these Terms of Use, or with your use of the Digital Services.

D. GOVERNING LAW; DISPUTE RESOLUTION

If any part of these Terms of use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms of Use, all of which remain in full force and effect.  You agree that all matters, including all disputes, relating to your access to or use of Flows Pharmacy Keene information or services or of the Flows Pharmacy Keene Services, including its Contents, will be governed by the laws of the State of Texas without regard to its conflicts of laws provisions.  You agree to the personal jurisdiction by and venue in the state and federal courts for Dallas County, Texas, and waive any objection to such jurisdiction or venue.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Flows Pharmacy Keene and you arising out of or in connection with your access to or use of Flows Pharmacy Keene information or the Flows Pharmacy Keene Digital Services, including its Contents, the parties shall attempt, promptly and in good faith, to resolve any such dispute.  If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

E. FOREIGN CORRUPT PRACTICES ACT

User acknowledges that it is not the agent of Flows Pharmacy Keene and represents and warrants that it has not, and covenants that it will not, pay anything of value to any government employee in connection with the resale of and products available through the Flows Pharmacy Keene Digital Services.

F. ENTIRE AGREEMENT; SEVERABILITY; MISCELLANEOUS

These Terms of Use, our Privacy Policy, and our HIPAA Privacy Notice constitute the entire agreement between you and Flows Pharmacy Keene and governs your use of the Flows Pharmacy Keene Digital Services.  You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.  If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  Flows Pharmacy Keene’s failure to enforce any right or provisions in these Terms of Use will not constitute a waiver of such or any other provision.  Flows Pharmacy Keene will not be responsible for failures to fulfill any obligations due to causes beyond its control.  The section titles in the Terms are for convenience only and have no legal or contractual effect.

The Flows Pharmacy Keene Digital Services are operated by Flows Pharmacy Keene and its affiliates from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Flows Pharmacy Keene Digital Service.  All transactions through the Flows Pharmacy Keene Digital Services are governed by Texas law, without giving effect to its conflict of law provisions.  Your use of the Services may also be subject to other laws.  Risk of loss and title for all electronically delivered transactions pass to the purchaser in Texas upon electronic transmission to the recipient.  No Flows Pharmacy Keene employee or agent has the authority to vary these Terms of Use.

Flows Pharmacy Keene may notify you with respect to the Services by sending an email message to your account email address or a letter via postal mail to your account mailing address, or by a posting via the Flows Pharmacy Keene Digital Services.  Notices shall become effective immediately.

Flows Pharmacy Keene reserves the right to take steps Flows Pharmacy Keene believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Use.  You agree that Flows Pharmacy Keene has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as Flows Pharmacy Keene believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Use.

Nothing in these Terms of Use shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, employment engagement, or joint venture between you and Flows Pharmacy Keene, its affiliates, or other users.

5. MISCELLANEOUS

A. FEEDBACK & INFORMATION

Flows Pharmacy Keene welcomes your feedback. Any feedback you provide through the Flows Pharmacy Keene Digital Services will be deemed non-confidential, and Flows Pharmacy Keene will be free to use such information on an unrestricted basis.

B. GENERAL INFORMATION

Flows Pharmacy Keene may elect to monitor areas of the Flows Pharmacy Keene Digital Services by electronic or other means and may disclose any Content, records, Submissions or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Flows Pharmacy Keene Digital Services; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors or merchants.  We are not responsible for screening, policing, editing or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Flows Pharmacy Keene Digital Services.

Flows Pharmacy Keene’s failure to insist upon strict performance of any provision of these Terms of Use and policies will not be construed as an implicit waiver of any provision or right.  These Terms of Use and policies constitute the entire agreement between you and Flows Pharmacy Keene governing your use of the Flows Pharmacy Keene Digital Services.  As stated above, your use of this site is also subject to our Privacy Policy

Flows Pharmacy Keene respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Flows Pharmacy Keene Digital Services in a way that constitutes copyright infringement, you may notify us. 

Questions, suggestions, concerns, notices, and additional feedback or requests should be directed to Flows Pharmacy Keene Customer Support at support@Flows Pharmacy Keene.com or Flows Pharmacy Keene Customer Support, Flows Pharmacy Keene, 303 N Keene St, Columbia, MO 65201.

C. PRIVACY NOTICE 

Click here to read or download Flows Pharmacy Keene’s Privacy Policy

Click here to read or download Flows Pharmacy Keene's HIPAA Privacy Notice.

D. CALIFORNIA COMPLIANCE DECLARATION

Flows Pharmacy Keene has developed a compliance program to ensure that its policies and internal controls adhere to applicable statutes and regulations affecting the health care industry.  Flows Pharmacy Keene affirms it is in compliance with both its own program and the requirements of §§ 119400-119402 of the California Health and Safety Code.

The information contained in this web site is subject to change without notice.

Copyright 2019 Flows Pharmacy Keene.  All rights reserved.  Last updated on February 3, 2021