COPYRIGHT AND TRADEMARK INFORMATION
Copyright ©2013 Walgreen Co., 200 Wilmot Road, Deerfield, Illinois 60015. All rights reserved. We or our content providers own all of the content on our web site, including text, customized graphics, photographs, music, data, images, audio and video clips and software. This property is protected by U.S. and international copyright laws. In addition, the manner in which we have compiled, arranged and assembled our content is protected by worldwide copyright laws and treaty provisions.
Hypertext linking to this web site is permitted. However, Walgreen Co. reserves the right to disable any link to any site Walgreen Co. believes contains scandalous, offensive, obscene, scurrilous or inappropriate content or that, in the sole opinion of Walgreen Co., adversely affects the goodwill of Walgreens or any trademark or service mark of Walgreen Co. or its subsidiaries. Walgreen Co. expressly reserves all available legal rights and remedies for any cause predicated on hypertext linking of this site from any other site. "Framing" or any other use of this site that serves to affect the identity of this site or the source of the content of this site is prohibited.
You may use the content on our web site only for your own personal, non-commercial shopping and information purposes. Copying, publishing, broadcasting, modification, distribution or transmission in any way without the prior written consent of Walgreens is strictly prohibited. Walgreens reserves title and full intellectual property rights for materials downloaded or otherwise received from this web site. We hereby grant you permission to download, print and store selected portions of our content (as defined below). However the copies must be for your own personal and non-commercial use, you cannot copy or post the content on any network computer or broadcast it in any media, and you cannot alter or modify the content in any manner. You also may not delete or change any copyright or trademark notices.
WALGREENS, AT THE CORNER OF HAPPY AND HEALTHY, and BALANCE, as well as other names, button icons, text, graphics, logos, images, designs, titles, words or phrases, audio clips, page headers and service names used on this web site are the trademarks, service marks, trade names or other protected intellectual property of Walgreen Co. or its subsidiaries. They may not be used in connection with any third party products or services. All other brands and names are the property of their owners.
Walgreen Co.'s automated touch-tone prescription refill system is licensed under the following United States Patents: 5,128,984; 5,561,707; 5,684,863; 5,815,551; 5,828,734; 5,898,762; 5,917,893; 5,974,120; and others.
NOTE ABOUT PRICING
Walgreens makes every effort to provide accurate information about products and their pricing on its websites. However, pricing and/or typographical mistakes may, on rare occasions, appear on this website or Walgreens.com. For this reason, Walgreens cannot guarantee the price of an item until after you have ordered it. In the event an item appears with an incorrect price or with inaccurate product information, Walgreens reserves the right to cancel any orders for the item. If an order you placed is cancelled due to mispricing, Walgreens will notify you of the cancellation. Prices and availability are subject to change without notice.
NOTE ABOUT QUANTITY LIMITS
Walgreens reserves the right to set quantity-per-order limits on any and all items sold on this website or Walgreens.com. Walgreens may also limit the item quantity available to any single person or household over a given period of time. These restrictions may be applied to orders using the same credit card or billing or shipping address.
NOTE ABOUT PRODUCT SUBSTITUTIONS
A substitute will only be made in the event an item is out of stock and the identical brand and product is available in a form that is of equal or greater value, e.g. larger quantity, packaged with a trial sample, updated product packaging, etc. A product substitution will occur at no extra cost and, if the substituted item is less expensive than the original item, the lower price will be charged.
WE PROVIDE CONTENT ON THIS WEB SITE AS A SERVICE TO YOU, OUR CUSTOMER. OUR WEB SITE CANNOT, AND DOES NOT, CONTAIN INFORMATION ABOUT ALL MEDICAL CONDITIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES. THE CONTENT IS NOT INTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH YOUR PHYSICIAN. THE CONTENT OF THIS WEB SITE, THE SERVER THAT MAKES IT AVAILABLE, AND THE SERVICES AND PRODUCTS WE PROVIDE ON OUR WEB SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WALGREENS EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED OR DELAYED COMPUTER TRANSMISSIONS AND/OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES.
TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, WALGREEN CO., WALGREENS.COM, THEIR MEDICAL ADVISORS, SUPPLIERS, CONSULTANTS, DIRECTORS AND EMPLOYEES (COLLECTIVELY THROUGHOUT, "WALGREENS") DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES, INFORMATION AND/OR PRODUCTS CONTAINED ON THIS WEB SITE, OR LINKED HERETO (COLLECTIVELY THROUGHOUT, "CONTENT"), EXPRESS, IMPLIED OR STATUTORY. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WALGREENS DOES NOT WARRANT CONTENT TO BE ACCURATE, COMPLETE OR CURRENT. WALGREENS DOES NOT WARRANT THAT ITS WEB SSITE WILL OPERATE WITHOUT ERROR, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRICE AND AVAILABILITY CONTENT, AS WELL AS OTHER CONTENT CONTAINED IN THE WEB SITE OR ACCESSIBLE THEREFROM, IS SUBJECT TO CHANGE WITHOUT NOTICE.
THIS WEB SITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND YOU, OUR CUSTOMER. WALGREENS IS A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER. WALGREENS EDITORIAL CONTROL OF SUCH CONTENT IS THE SAME AS THAT OF A PUBLIC LIBRARY OR NEWSSTAND. OUR THIRD PARTY SUPPLIERS MAY EXPRESS CERTAIN OPINIONS OR PROVIDE CERTAIN INFORMATION AND OFFERS. WALGREENS MAKES NO WARRANTIES AS TO THE COMPLETENESS, ACCURACY, TIMELINESS, OR RELIABILITY OF INFORMATION OR OFFERS SUPPLIED BY THIRD PARTIES AND PUBLISHED BY WALGREENS. WALGREENS DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE TO ANY LAW, RULE, REGULATION OR POLICY.
WALGREENS DOES NOT WARRANT THAT INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS WEB SITE WILL SATISFY YOUR REQUIREMENTS OR THAT THEY ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY WALGREENS. THIS WEB SITE IS OPERATED IN THE STATE OF ILLINOIS, UNITED STATES OF AMERICA AND WALGREENS MAKES NO WARRANTY OR REPRESENTATION THAT CONTENT IS APPLICABLE OR APPROPRIATE FOR USE IN OTHER LOCATIONS.
WALGREENS RESERVES THE RIGHT TO LIMIT QUANTITIES ON ALL ITEMS. EACH ADVERTISED ITEM MUST BE READILY AVAILABLE FOR SALE, UNLESS SPECIFICALLY NOTED ON THIS WEBSITE WILL NOT ISSUE A RAIN CHECK OR PLACE A BACKORDER FOR ITEMS THAT ARE OUT OF STOCK.
BY YOUR USE OF THIS WEB SITE, YOU ACKNOWLEDGE THAT SUCH USE IS AT YOUR SOLE RISK, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH THIS WEB SITE.
MODIFICATION OF TERMS
Walgreens reserves the right to amend these Terms and the additional Terms here below at any time, and for any reason, including the right to terminate the Service or any part of the Service. Walgreens will notify users of amendments or modifications made to the Terms.
ENTIRE AGREEMENT, VENUE AND CHOICE OF LAW
These Terms, including the additional Terms relating to PHOTO.WALGREENS.COM here below, constitute the entire agreement between you and Walgreens governing your use of this web site, PHOTO.WALGREENS.COM and the web photo Service. These Terms may be changed or updated at any time at the sole discretion of Walgreens. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use services of other parties affiliated with Walgreen Co., third-party content or third-party software.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to choice of law rules. Any claims arising out of or in connection with these web sites shall be resolved in accordance with the procedures outlined below in the section entitled DISPUTES WITH WALGREENS. Any claims arising in connection with the use of the web sites must be brought within one (1) year of the date of the event giving rise to such action.
If any part of this Agreement is ruled to be unenforceable, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of the Agreement, including any revised portion, shall remain and be in full force and effect.
The failure of Walgreen Co. to exercise or enforce any Term will not constitute a waiver of such Term. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
DISPUTES WITH WALGREENS
You and Walgreens agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this. Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.
Contact Walgreens first. If a dispute arises between you and Walgreens, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Walgreens regarding the Walgreens Services may be reported to Customer Service online at http://www.walgreens.com/mktg/contactus/contact-us-landing.jsp?formCatId=125, at any time, or by phone at the number listed in the Customer Service section of the site.
Agreement to Arbitrate. You and Walgreens each agree that any and all disputes or claims that have arisen or may arise between you and Walgreens shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WALGREENS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WALGREENS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER WALGREENS USERS.
Arbitration Procedures. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website at http://www.adr.org.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Walgreens may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Walgreens subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Walgreens, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Walgreens users, but is bound by rulings in prior arbitrations involving the same Walgreens user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Walgreens will pay all filling, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Walgreens should be submitted by mail to the AAA along with your Demand for Arbitration and Walgreens will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Walgreens will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Walgreens for all fees associated with the arbitration paid by Walgreens on your behalf that you otherwise would be obligated to pay under the AAA's rules.
Severability. With the exception of any of the provisions in subsection (a) of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in subsection (a) of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement, including all other provisions of this section (Disputes with Walgreens), will continue to apply.
Opt-Out Procedure. You can choose to reject this Agreement to Arbitrate ("opt out") by mailing us a written opt-out notice ("Opt-Out Notice"). For new Walgreens users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you accept the User Agreement for the first time. [If you are already a current Walgreens user and previously accepted the User Agreement prior to the introduction of this Agreement to Arbitrate, the Opt-Out Notice must be postmarked no later than 30 days after you first accept and acknowledge these revised Terms. You must mail the Opt-Out Notice to Walgreen Co., Attn: Litigation and Regulatory Law Department, 104 Wilmot Road, MS 1431, Deerfield, IL 60015.
The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and the email address(es) used to log in to the Walgreens account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the User Agreement, including all other provisions of this section, will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
ADDITIONAL TERMS AND CONDITIONS OF USE FOR PHOTO.WALGREENS.COM
ADDITIONAL TERMS AND CONDITIONS OF USE FOR PHOTO.WALGREENS.COM In addition to the service provided on this website, PHOTO.WALGREENS.COM provides people with Membership ("Members") a way to process, print, store, share and otherwise use photographs (collectively "Process") . However, before you enter the PHOTO.WALGREENS.COM site (the "Site") or use any of its available services, it is important that you carefully review the Terms and Conditions for this website Walgreens.com set out above and the additional Terms and Conditions for PHOTO.WALGREENS.COM set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.
By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Walgreen Co. and its subsidiaries (collectively "Walgreens") that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact email@example.com. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.
TERMS OF MEMBERSHIP
PHOTO.WALGREENS.COM membership ("Membership") is available to you if you are at least 13 years of age and submit certain requested information to PHOTO.WALGREENS.COM, including your name and correct email address or if you are a registered user of WALGREENS.COM of at least 13 years of age. In addition, by becoming a Member, you will provide Walgreens with true, accurate, current and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms or other informational requests).
The Service is for personal use only
A benefit of Membership is the ability to store photos in your account. A condition of your storage of photos is your "Active Participation" in the Service. Active Participation is defined as purchasing photo merchandise, including prints, reprints and enlargements, through the Service at least once every 365 days. If your Membership account is inactive for a period of over 365 days, PHOTO.WALGREENS.COM may remove and discard any content, including all information, communications, postings, albums, image files or any other content within the Service. Walgreens may terminate your membership for any activity that in the sole opinion of Walgreen Co., its Site Host or subsidiaries constitutes an abuse of your Membership or a violation of these Terms.
As part of your Membership, you are enabled to have your digital photos uploaded and stored on the Site, pursuant to these Terms, as well as to have print copies or other photo products made either at a Walgreens retail location or delivered to you by mail as requested or appropriate, along with other special offers Walgreens may make to Members from time to time. Costs associated with print copies or photo products, delivered to you by mail, will be charged to your credit card. Orders over a specified value, for store pick-up, will likewise require a credit card.
DIGITAL IMAGE STORAGE
Subject to these Terms, as long as you are an active participant in the Service, PHOTO.WALGREENS.COM offers free, unlimited storage, for non-commercial purposes, of your digital photos that you upload to your account.
PHOTO.WALGREENS.COM allows Members to store, share and transmit communications, albums, image files, creative material, photographs, links and comments (collectively "Content"). Users of the Service, whether or not Members, may not use the Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that Walgreens believes:
- Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive or otherwise inappropriate;
- Comprises copyrighted material used without the express permission of the owner;
- Violates or encroaches on the rights of others;
- Contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code, or any other content which may compromise the Service;
- Advocates illegal activity;
- Harms anyone, including minors; or
- Provides a link to any of the above.
Walgreens has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although PHOTO.WALGREENS.COM and Walgreens do not and will not examine and review all Content submitted or transmitted to the Service, PHOTO.WALGREENS.COM and Walgreens may delete, move and edit materials for any reason, at any time, without notice.
Any Content discovered on the Site that is deemed in the sole discretion of PHOTO.WALGREENS.COM or Walgreens to be in violation of Title 18 of the United States Code, Sections 2251 et seq. may be reported and disclosed to appropriate law enforcement agencies.
All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
By viewing the Site, you may be exposed to Content that you consider to be offensive. You take sole responsibility for such exposure.
PHOTO.WALGREENS.COM and Walgreens in no way guarantee the accuracy, quality or appropriateness of Content available on the Site.
NO RESALE OF SERVICE
You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the Service for any commercial purpose.
THIRD PARTY SOFTWARE
As a convenience to Members, Walgreen Co. may make third-party software available through the Service. To use the third-party software, you will agree to the terms and conditions imposed by the third party provider. The agreement to use such software will be solely between you and the third party provider. Walgreen Co. does not guarantee that any software downloaded through the Service will be free of viruses, worms or Trojan horses or other forms of corruptive code. Walgreen Co. makes no representations or warranties concerning, and is not liable or responsible in any manner for, the performance, effectiveness or any other aspect of any third-party software downloaded through the Service.
As a condition to your Membership, you hereby grant Walgreens and the PHOTO.WALGREENS.COM Site Host (presently Hewlett-Packard Co. d/b/a/ Snapfish) a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your Content, solely for the purpose of providing the Service. As a condition to Membership, you represent and warrant to Walgreens and the Site Host that you either own your Content or have written permission from the copyright owner to make such Content available to the Service. Walgreens reserves the right to decline reproduction of any Content that it, in its sole discretion, believes may violate the copyrights of any party.
The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content without the written consent of the owner of such Content. You are solely responsible for any copyright violations you may incur as a result of your activities on the Service.
If you believe your work or the work of another has been copied in a way that constitutes copyright infringement, Walgreens has a process in place to respond to your concerns. Walgreens will take appropriate steps, at the sole discretion of Walgreens, to protect the intellectual property rights of third parties if it receives notice in accordance with the provisions required by the Digital Millennium Copyright Act, as follows:
If you believe your copyright or the copyright of another has been infringed on the Service, please provide the Law Department of Walgreen Co. with a written notice containing the following information:
- a description and copy of the copyrighted work you claim has been infringed;
- a description of where the material you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- the physical signature of the person authorized to act on behalf of the owner of the copyright interest on the document(s) comprising 4 and 5 here above and notarized.
The above Notice for claims of infringement for Content on the Service should be addressed to the Law Department at Walgreen Co. at the following street address:
MS # 1425
104 Wilmot Rd.
Deerfield, Illinois 60015
Attn: Intellectual Property
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS WALGREEN CO., INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS AND AGENTS (COLLECTIVELY "WALGREENS") FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT.
- No Liability for Content IN NO EVENT WILL WALGREENS OR THE SITE HOST BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
- Exclusive Remedy ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. WALGREENS SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR WALGREENS TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRINTS OR PHOTOGRAPHIC PRODUCTS, OR (II) REPRINT THE PHOTOS OR RECREATE THE PHOTOGRAPHIC PRODUCT AT NO EXTRA COST.
- Disclaimer EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WALGREENS AND THE SITE HOST EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WALGREENS AND THE SITE HOST MAKE NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (II) THE SITE OR SERVICE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (III) THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS. WALGREENS MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR THAT ARE ADVERTISED ON THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- Remedies. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, WALGREEN CO. WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE - OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Walgreens may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by Walgreens elsewhere on the Site, (ii) conduct Walgreens believes is harmful to other PHOTO.WALGREENS.COM or Walgreens.com users, the business of Walgreen Co. or the Site Host or (iii) failure to continue Active Participation in the Service. Neither Walgreens nor the Site Host will be liable to you or any third party for any termination of your access to the Service or discarding Content.
-- Last updated 2/13/2013