Terms of Use

By using this site or communicating by e-mail with the VLS Pharmacy, Inc. and/or Lenox Hill Pharmacy, Inc. d/b/a NewDrug Loft (collectively, “VLS/LHS Pharmacies”), you hereby agree to the following terms and conditions.

IMPORTANT NOTE REGARDING WEBSITE CONTENT

The information and content (collectively, “Content”) on this website is for your general educational information only. The Content cannot, and is not intended to, replace the relationship that you have with your health care professionals. The Content on this website should not be considered medical advice and is not intended as medical advice. If you are experiencing a medical emergency, you should not rely on any information on this website and should seek appropriate emergency medical assistance, such as calling “911”. You should always talk to your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the Content on this website represents or warrants that any particular drug or treatment is safe, appropriate, or effective for you. Health information changes quickly. Therefore, you should always confirm information with your health care professionals.

This website is intended for a United States audience. If you live outside the U.S., you may see information on this website about products or therapies that are not available or authorized in your country.

The Content may include information regarding therapeutic and generic alternatives for certain prescription drugs, and may describe uses for products or therapies that have not been approved by the Food and Drug Administration. This Content is for informational, cost-comparison purposes only. It is not medical advice and does not replace consultation with a doctor, pharmacist or other health care professional. Talk to your health care provider to determine if an alternative prescription drug is right for you.

Effective Date: November 27, 2020

Welcome to the VLS Pharmacy and Lenox Hill Pharmacy’s (hereinafter “VLS/LHS Pharmacies,” “we” or “us”), website. We provide the Website and the associated services, e-mails to the Firm, data, information, tools, software, updates and materials (altogether, the “Materials”), subject to your agreement to and compliance with the terms and conditions set forth in this document (the “Agreement”). Please carefully read this Agreement which governs your access to and use of the Website, communications with the Firm, and Materials and applies to all users of the Website. If you do not agree with and consent to the terms of this Agreement, please do not use the Website or the Materials.

Incorporated Terms

The following additional terms are incorporated into this Agreement:

• Privacy Policy
• Copyright Policy
• Complaint Policy
• Accessibility Statement

1. Important Notices

A. By using or visiting the Website, you represent that you have read, understand and agree to all the terms and conditions of this Agreement, including our privacy policy (“Privacy Policy”) as set forth below. This Agreement and Privacy Policy are subject to the provisions of the European Union (“EU”) General Data Protection Regulation (“GDPR”) and other applicable privacy laws. We agree that under the GDPR, we are a data “Controller” and you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data,” and we will take commercially reasonable steps to maintain compliance with GDPR requirements.

B. We reserve the right to change, modify, supplement or otherwise alter this Agreement at any time or to change or discontinue any aspect or feature of the Website or Materials without notice to you. Such changes, modifications, supplementations or deletions shall be effective immediately upon their posting on the Website. You agree to review this Agreement periodically to be aware of such revisions. Your use of the Website or Materials after we post such changes, modifications, supplementations or deletions constitutes your acceptance of such changes, modifications, supplementations or deletions. Notwithstanding the foregoing, we will notify you via e-mail regarding any changes in the Privacy Policy if you have provided your e-mail address to us.

2. License

A. As long as you are in compliance with all the terms and conditions of this Agreement (and all incorporated documents), we hereby grant to you during the Term (as defined below) a limited, revocable, non-assignable, nontransferable, non-sublicensable, nonexclusive license to use the Website and to access and receive the Materials thereon that are intended for public display or access. Any rights not explicitly granted in this Agreement are strictly withheld and reserved by us.

B. You agree that (i) except in your normal use of the Website, you will not copy or distribute any part of the Website or Materials in any medium without our prior written authorization; (ii) you will not alter or modify any part of the Website or Materials other than as necessary to use the Website or Materials for their intended purposes; and (iii) you will otherwise comply with this Agreement.

3. Restrictions

A. You agree that you will not do any of the following:

• violate any applicable law or regulation in connection with your use of the Website or Materials.
• modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Website or Materials.
• interfere with or disrupt the operation of the Website or Materials, including facilitating the use of the Website or Materials by any other person through hacking or defacing.
• transmit to or make available in connection with the Website or Materials any denial of service attack, virus, worm, Trojan horse, or other harmful code or activity.
• attempt to probe, scan or test the vulnerability of the Website or Materials or to breach our security or authentication measures.
• take any action that imposes an unreasonable or disproportionately large load on our infrastructure, as determined in our sole discretion.
• harvest or collect the e-mail addresses or other contact information of other users of the Website or Materials.
• scrape or collect any content from the Website or Materials via automated means.
• submit false, incomplete, or misleading information to the Website or Materials, or otherwise provide incomplete or misleading information to us.
• impersonate any other person or business.

B. You agree that we have not granted you any license to access any portion of the Website or Materials that we have not made public or accessible to registered users, and you may not attempt to override any security measures in place on the Website or Materials.

C. Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Website or Materials shall not be limited to violations of this Restrictions section.

4. Eligibility

A. Some parts or all of the Website or Materials may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend these eligibility requirements at any time. You are not eligible to use the Website or Materials if doing so would violate any applicable law or regulation.

B. The Website and the Materials are not intended for use by children under 13. If you are under 13 years of age, then please do not use the Website without the consent of your parent or guardian. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet service provider for more information.

5. Information Shared Through the Website and Marketing Choices

You understand that by sharing information on the Website or Materials and requesting information to be sent through the Materials, you may be revealing information about yourself or your business that you may include or that may be generated by the Materials. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such information, and you agree that we are not responsible or liable in any way in connection with such sharing.

Marketing Choices

For the avoidance of doubt, we collect your e-mail addresses based on forms completed on this Website or via e-mail communications with anyone at the VLS/LHS Pharmacies, which may be used to send an e-mail newsletter.  To this end, the Firm may send you direct marketing messages including by way of email alerts, newsletters and post provided that we have a lawful ground to do so. If you no longer wish to receive our email alerts, to be part of a mailing list, or to receive any marketing communications, you can opt-out of such communications at any time by clicking on the unsubscribe link in the relevant communication or contacting us at info@newdrugloft.com.

6. Links to Third-Party Websites and Social Media Notices

For your convenience, the Website contains links to the websites of third parties on which you may be able to obtain information or use services. For example, we may provide links to social media sites (e.g., LinkedIn, Facebook, YouTube, etc.). Except as otherwise noted, such third-party websites and such information and services are provided by organizations that are independent of us. We do not make any representations or warranties concerning such websites. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party websites. In addition, we cannot censor or edit the content of any third-party site. Therefore, we make no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers. Any linking to or from any such off-site pages or other websites by you is at your own risk. By using the Website, you expressly relieve us of any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware of when you leave the Website and to read the agreements and privacy policy of each other website that you visit.

Social Media Legal Notices

The LinkedIn profile of any VLS/LHS Pharmacist has been prepared to enable you to learn more about that pharmacist. It is for informational and educational purposes and nothing in it is offered as or constitutes medical advice. The information contained in such a LinkedIn profile does not and is not intended to constitute legal advice. Such information does not create a pharmacist-client relationship, nor does it substitute for obtaining medical advice from a pharmacist licensed in your state or country.

The LinkedIn profile of any VLS/LHS Pharmacies pharmacist is not in any way intended to be solicitation for medical services.

7. Our Intellectual Property

A. Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names, or trade dress. The “look and feel” of the Website and Materials (including color combinations, button shapes, layout, design, and all other graphical elements) are protected by U.S. copyright and trademark laws. All product names, service names, trademarks, and service marks (“Marks”) are either our property or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by this Agreement.

B. You acknowledge that (i) the software used to provide the Materials and all enhancements, updates, upgrades, corrections, and modifications to such software (the “Software”); (ii) all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the Software (or any enhancements, corrections or modifications); and (iii) all documentation thereof are the sole and exclusive property of us and/or our licensors. This Agreement does not convey title or ownership to you, but instead gives you only the limited use rights set forth herein.

C. To the extent that you gain access to or receive any copies of the Software, you agree that you will delete such copies of the Software upon any termination of this Agreement, termination of your use of the Materials, or at our request.

8. Terms and Conditions

A. The “Term” of this Agreement will continue until the Agreement is terminated as provided herein. We reserve the right to terminate this Agreement or deny all or some portion of the Website or Materials to any user, in our sole discretion, at any time.

B. You may terminate this Agreement at any time by ceasing use of the Website or Materials.

9. Disclaimers and Limitation on Liability

A. The materials appearing on the Website or Materials, including but not limited to summaries, descriptions, publications, and any other such materials, are not intended to and DO NOT constitute medical, legal, financial, investment, business, or professional advice of any kind. Those accessing the Materials should not act upon them without first seeking relevant professional guidance and advice. Materials should not be used as a substitute for consultation with a professional adviser. You agree that we are not responsible for any financial, business, medical or legal decisions that you may make based upon the content of the Website and Materials.

B. Neither the use of the Website nor the transfer of information to or from this Website shall create or constitute a pharmacist-client relationship between VLS/LHS Pharmacies, and any person. We cannot treat unsolicited information as confidential. You should not send any confidential information to this Website or to any person in the firm until after you and we have entered into a written agreement for the performance of legal services. If you communicate with us by e-mail, please remember that Internet e-mail is NOT secure from external eavesdropping. Accordingly, you should avoid sending confidential information by Internet e-mail unless your message and attachments are adequately encrypted. Please contact our attorney, Gigio K. Ninan, Esq. at gio@shankarninan.com if you would like to discuss available e-mail security options.

C. In compiling and maintaining this Website, VLS/LHS Pharmacies does not intend to practice pharmacy or solicit customers in any jurisdiction where this Website may fail to comply with all laws and ethical rules.

D. Although we have the right to review, edit, remove or modify information from or on the Website or Materials, we may not screen this material or control the sources of this information, and we do not guarantee the accuracy, suitability, completeness, currency, quality, adequacy or applicability of any such information. Opinions presented by the Website are the opinions of the individual authors and do not necessarily reflect the opinion of VLS/LHS Pharmacies, or of any of its pharmacists or clients.

E. We do not represent or warrant that access to the Materials will be error-free or uninterrupted, and we do not guarantee that users will be able to access or use the Materials or their features at all times. We reserve the right at any time to modify or discontinue (temporarily or permanently) the Materials or any part thereof with or without notice.

F. The Website or Materials may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

G. The Materials may be used to perform data analysis and other analytics; however, we do not guarantee the results of any such use.

H. Certain data displayed by the Materials relies on the receipt of underlying data from third-party sources. Such data sources may not be in real-time or accurate, and there may be delays or inaccuracies in such displayed data.

I. Circular 230 Disclosure: Pursuant to U.S. Treasury Department Regulations, we are required to advise you that unless otherwise expressly indicated, any federal tax advice contained in the Website or Materials, including attachments and enclosures, is not intended or written to be used and may not be used for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

J. By using the website and/or materials, you agree and acknowledge that we provide the Website and Materials “as is” and without any warranties, express, implied, or statutory. We and our officers, directors, partners, managers, employees, and suppliers specifically disclaim any implied warranties of title, accuracy, suitability, applicability, merchantability, performance, fitness for a particular purpose, non-infringement or any other warranties of any kind. No advice or information (oral or written) obtained by you from us shall create any warranty.

K. Use of the Website and/or Materials is at your sole risk. We do not warrant that you will be able to access or use the Website and/or Materials at the times or locations of your choosing; that the Materials will be uninterrupted or error-free; that defects will be corrected; or that the Materials are free of inaccuracies, misrepresentations by users, viruses or other harmful components.

L. To the maximum extent permitted by law and except as otherwise prohibited by law, in no event shall we or our officers, directors, partners, managers, employees, affiliates, licensors or business partners (collectively, the “Related Parties”) be liable to you based on or related to the materials, whether based in contract, tort (including negligence), strict liability or otherwise, and they shall not be responsible for any losses or damages, including without limitation direct, indirect, incidental, consequential, punitive, exemplary or special damages arising out of or in any way connected with access to or use of the Website or Materials, even if we or Related Parties have been advised of the possibility of such damages. This provision applies only to damages arising from use of the Website and Materials and does not apply to personal injury or any injury caused by alleged fraud.

M. Notwithstanding the foregoing, in the event that a court shall find that any of the above disclaimers are not enforceable, then you agree that neither we nor any of our Related Parties shall be liable for any damages in excess of $100.00 to you or any third party from your use of the Website or Materials. This limitation shall apply regardless of the basis of your claim or whether or not any remedies provided fail of their essential purpose.

N. Some states may not permit certain disclaimers and limitations, and any such disclaimers or limitations are void where prohibited.

10. Indemnification

You agree to defend, indemnify and hold harmless us and our officers, directors, partners, managers, employees, licensors, business partners and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable pharmacist’s fees) arising from (i) your use of and access to the Website or Materials; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property or privacy right; or (iv) any conduct, activity or action that is unlawful or illegal under any state, federal or common law or is violative of the rights of any individual or entity engaged in, caused by or facilitated in any way through the use of the Website or Materials. This defense and indemnification obligation will survive any termination or expiration of this Agreement or your use of the Website and/or Materials.

11. Disputes, Governing Law and Jurisdiction

A. You agree that any claim or dispute arising out of or relating in any way to your use of the Website, Materials or any service provided by us will be resolved solely and exclusively by binding arbitration rather than in court, except that you may assert claims in small-claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.

B. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, may award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would.

C. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our address specified in the Notice section below.

D. Arbitration under this Agreement will be conducted by the American Arbitration Association (“AAA”) under its rules then in effect. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial

Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Service.

NO CLASS ACTION. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS OF SERVICE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private pharmacist general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.

Severability and Survival. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

E. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we both agree that we have each waived any right to a jury trial.

F. Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.

G. Any dispute or alleged claim you may have with respect to your access or use of the Website or Materials must be commenced within one year after the occurrence of the events leading to the dispute or alleged claim.

H. The laws of the State of New York shall govern this Agreement. Any arbitration shall be held in New York, New York (the “Dispute Resolution Location”). To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Website, Materials or us may be brought by you only in a state or federal court located in the Dispute Resolution Location. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN THE DISPUTE RESOLUTION LOCATION.

12. General

A. Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.

B. Revisions. This Agreement may be revised only in a writing signed by us or posted by us to the Website or Materials. In the event we update this Agreement and you are made aware of the update, your continued use of the Website or Materials after the update shall constitute an agreement to the updated terms.

C. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website or Materials.

D. Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign any rights or obligations under this Agreement without our prior written consent. Any unauthorized assignment shall be null and void.

E. No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

F. Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of irreparable harm or other damages, to appropriate equitable remedies with respect to breaches of this Agreement in addition to such other remedies as we may otherwise have available to us under applicable laws.

G. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Website and Materials and supersedes all prior or contemporaneous communications, whether electronic, oral or written.

H. Notices. All notices given by you or required under this Agreement shall be in writing and addressed to VLS/LHS Pharmacies and shall be sent to its attorney Gigio K. Ninan, Esq., Shankar Ninan & Co. LLP, 875 6^th Avenue, Suite 1810, New York, New York 10001.

I. Survival. Any provision of this Agreement that may reasonably be interpreted as being intended by the parties to survive termination or expiration of the Agreement, shall survive any such termination or expiration.

J. Shipping Requirements. All sterile compounds are shipped overnight via FedEx (tracking information is included in your invoice). It is recommended that you choose “yes” for the shipping signature requirement in order to accurately track your packages. Please note VLS/LHS Pharmacies are not responsible for lost packages.

WEB ACCESSIBILITY STATEMENT

AMERICANS WITH DISABILITIES COMPLIANCE

VLS/LHS Pharmacies & Co. is deeply committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability.

This website endeavors to comply with best practices and standards as defined by Section 508 of the U.S. Rehabilitation Act and level AA of the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines 2.0. These guidelines explain how to make web content more accessible for people with disabilities. Conformance with these guidelines will help make the web more user-friendly for all people.

If you would like additional assistance or have accessibility concerns, please contact us by phone by dialing 718-854-1384.

Accessibility Features

This site includes the following accessibility features:

• Increased graphic contrasts
• For menus added a whiter background to make everything easier to read
• We got rid of all shading effects
• For CTA Buttons — we added whiter background
• For Slide Shows – we added graphic elements (arrows or other) to show in a clearer way what action is doable

Links

1. Many links have title attributes which describe the link in greater detail, unless the text of the link already fully describes the target.
2. Links are written to make sense out of context.
3. URLs are permanent whenever possible.

Forms

• All form controls are appropriately and explicitly labeled.

Scripts

• The static pages of this web site are usable without JavaScript.

Visual design

1. This site uses cascading style sheets for visual layout.
2. If your browser or browsing device does not support stylesheets at all, the content of each page is still readable.
3. Any information conveyed through the use of color is also available without color (i.e. text based).

Accessibility References

• W3C accessibility guidelines, which explains the reasons behind each guideline.
• U.S. Federal Government Section 508 accessibility guidelines.

Accessibility software

• JAWS, a screen reader for Windows. A time-limited, downloadable demo is available.
• Lynx, a free text-only web browser for blind users with refreshable Braille displays.
• Links, a free text-only web browser for visual users with low bandwidth.
• Opera, a visual browser with many accessibility-related features, including text zooming, user stylesheets, image toggle. A free downloadable version is available. Compatible with Windows, Macintosh, Linux, and several other operating systems.