Terms of Use

1. THE SITE DOES NOT PROVIDE EMERGENCY MEDICAL CARE

 

The Site is provided for informational and administrative purposes and is not intended for emergency or urgent medical communications.

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DO NOT USE THE SITE FOR A MEDICAL EMERGENCY OR OTHER URGENT MEDICAL MATTER.

If you believe you are experiencing a medical emergency, call 911 or seek immediate medical attention. Questions concerning your medical condition, treatment, or medications should be directed to an appropriate healthcare professional.

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2. ABOUT CUSTOM IVY PHARMACY

CUSTOM IVY Pharmacy is a California-licensed pharmacy that may provide prescription dispensing and pharmacy compounding services in accordance with applicable federal and state laws and regulations.

Certain medications dispensed by CUSTOM IVY Pharmacy may be compounded preparations. Compounded drug preparations are prepared pursuant to applicable pharmacy laws and are not the same as FDA-approved commercially manufactured drug products. Unless specifically indicated otherwise, compounded preparations have not been reviewed or approved by the U.S. Food and Drug Administration (“FDA”) for safety, effectiveness, or manufacturing quality.

Nothing on the Site constitutes an offer to dispense or compound a particular medication or guarantees that CUSTOM IVY Pharmacy will accept, compound, dispense, or ship any prescription.

 

All prescriptions are subject to pharmacist review and applicable federal and state law.

3. NO MEDICAL ADVICE

Information provided through the Site is intended for general informational purposes only.

The Site does not provide medical diagnosis or treatment and is not a substitute for the professional judgment of a physician, pharmacist, or other qualified healthcare professional.

Information appearing on the Site should not be interpreted as establishing that any particular medication, compounded preparation, dosage, formulation, route of administration, or treatment is appropriate for you.

Never disregard professional medical advice or delay seeking medical care because of information obtained through the Site.

Decisions concerning prescription therapy must be made by an appropriately licensed prescriber and patient, with pharmacist review as required by applicable law.

4. COMPOUNDED MEDICATIONS

CUSTOM IVY Pharmacy operates as a pharmacy and may compound medications pursuant to Section 503A of the Federal Food, Drug, and Cosmetic Act and applicable state pharmacy laws.

Compounded medications may be prepared when permitted by applicable law based upon a valid prescription or other legally authorized prescription order.

A compounded medication may differ from a commercially manufactured medication in its formulation, concentration, dosage form, excipients, packaging, storage requirements, beyond-use date, or other characteristics.

The availability of information concerning a compounded preparation on the Site does not mean that the preparation is appropriate for any particular patient or that the Pharmacy will compound or dispense that preparation in every circumstance.

The Pharmacy reserves the right to decline to compound or dispense any prescription when required or permitted by applicable law, when appropriate in the professional judgment of the pharmacist, or when necessary to protect patient safety.

5. INFORMATION ABOUT MEDICATIONS

Descriptions of medications, ingredients, preparations, therapies, or areas of pharmacy practice appearing on the Site are provided for informational purposes only.

Such information is not intended to constitute:
•    medical advice;
•    a diagnosis or treatment recommendation;
•    a representation that a medication is appropriate for a particular patient;
•    a guarantee that a particular preparation is available;
•    a representation that a compounded preparation has been approved by the FDA; or
•    a substitute for consultation with a licensed healthcare professional.

Medication availability, formulation, pricing, and applicable regulatory requirements may change without notice.

6. PRESCRIPTIONS

CUSTOM IVY Pharmacy will dispense prescription medications only as permitted by applicable law.

Submission of a prescription or prescription information to the Pharmacy does not guarantee that the prescription will be filled.

Before dispensing a prescription, the Pharmacy may need to verify information with the patient, prescriber, caregiver, insurance provider, or another authorized party.

The Pharmacy may refuse or delay dispensing when necessary to resolve questions concerning legality, authenticity, clinical appropriateness, patient safety, product availability, payment, shipping, or other matters relevant to lawful pharmacy practice.

7. ELIGIBILITY AND USE OF THE SITE

You may use the Site only for lawful purposes.

If you submit information through the Site, you represent that the information you provide is accurate to the best of your knowledge and that you are authorized to provide it.

You may not:
•    impersonate another person;
•    submit false or fraudulent information;
•    attempt to obtain another person’s confidential health information without authorization;
•    interfere with the operation or security of the Site;
•    attempt to gain unauthorized access to the Site or associated systems;
•    introduce malicious software or code;
•    use automated systems, scraping tools, robots, or similar technologies to extract Site content without our permission;
•    use the Site in violation of applicable law; or
•    use the Site in a manner that infringes the rights of CUSTOM IVY Pharmacy or another person.

We may restrict or terminate access to the Site for misuse or suspected unlawful activity.

8. PRIVACY AND HEALTH INFORMATION

CUSTOM IVY Pharmacy takes the privacy and confidentiality of patient information seriously.

Information submitted to or maintained by the Pharmacy may be protected by federal and state privacy laws, including, where applicable, the Health Insurance Portability and Accountability Act (“HIPAA”), the California Confidentiality of Medical Information Act (“CMIA”), and other applicable privacy laws.

The public-facing Site is not intended to function as a repository for patient medical records unless expressly identified otherwise.
Please do not transmit sensitive medical information through general website contact forms, general email addresses, or other communication methods that the Pharmacy has not designated for secure transmission of health information.

Our collection and use of information through the Site is further described in our Privacy Policy and, where applicable, our Notice of Privacy Practices.

9. ELECTRONIC COMMUNICATIONS

When you provide an email address, telephone number, or other electronic contact information, you may receive communications relating to inquiries, prescriptions, orders, pharmacy services, account matters, or other transactions you initiate with the Pharmacy, as permitted by law.

Electronic communications involve inherent risks. Messages may be delayed, misdirected, intercepted, forwarded, copied, or accessed by persons other than the intended recipient.

Do not use ordinary electronic communications for medical emergencies or matters requiring immediate attention.

Where consent is required by applicable law for particular types of electronic communications, CUSTOM IVY Pharmacy will obtain such consent before sending those communications.

10. SHIPPING AND DELIVERY

Where legally permitted, CUSTOM IVY Pharmacy may arrange for prescription medications to be delivered or shipped to patients.

Shipping and delivery estimates are estimates only and are not guarantees. Delivery may be affected by carrier delays, weather, natural disasters, transportation interruptions, incorrect addresses, patient availability, or circumstances beyond the Pharmacy’s reasonable control.

Certain medications may require specific temperature, storage, handling, or delivery conditions. Patients are responsible for following the storage and handling instructions provided with their medication.

If you believe a medication has been damaged, compromised, exposed to improper temperatures, delivered incorrectly, or otherwise affected during shipment, contact the Pharmacy before using the medication.

The Pharmacy may restrict shipment to jurisdictions in which it is legally authorized to dispense or ship prescription medications.

11. PRODUCT RECALLS AND SAFETY COMMUNICATIONS

CUSTOM IVY Pharmacy may contact patients, prescribers, or other appropriate persons regarding recalls, quality concerns, safety information, medication instructions, or other matters affecting a prescription or compounded preparation.

You agree to provide accurate contact information and are encouraged to promptly update the Pharmacy if your contact information changes.

12. PAYMENT AND PRICING

Prices displayed or communicated through the Site, if any, are subject to change and may not represent the final amount charged for a prescription or service.

The final price may depend upon the prescription, formulation, quantity, ingredients, shipping requirements, insurance coverage, third-party payment arrangements, or other factors.

Where applicable, payment obligations will be disclosed before the applicable transaction is completed.

Nothing on the Site guarantees insurance coverage or reimbursement for any medication or service.

13. INTELLECTUAL PROPERTY

The Site and its original content, design, graphics, logos, text, photographs, software, and other materials are owned by or licensed to CUSTOM IVY Pharmacy and are protected by applicable copyright, trademark, and other intellectual property laws.

Subject to these Terms, CUSTOM IVY Pharmacy grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Site for lawful personal or professional informational purposes.

You may not reproduce, distribute, modify, sell, license, publicly display, create derivative works from, or commercially exploit Site content without prior written authorization from CUSTOM IVY Pharmacy, except as otherwise permitted by law.

14. THIRD-PARTY WEBSITES AND SERVICES

The Site may contain links to websites or services operated by third parties.

CUSTOM IVY Pharmacy does not control third-party websites and is not responsible for their availability, security, privacy practices, content, products, or services.

A link to a third-party website does not necessarily constitute an endorsement by CUSTOM IVY Pharmacy.

Your use of a third-party website or service is subject to that third party’s terms and policies.

15. SITE AVAILABILITY

We attempt to maintain the Site in a reliable and accurate manner, but we do not guarantee uninterrupted access.

The Site may periodically become unavailable because of maintenance, technical problems, security concerns, third-party service interruptions, or circumstances beyond our control.

If the Site is unavailable and you need assistance with a prescription or pharmacy service, contact the Pharmacy using another available communication method.

16. ACCURACY OF INFORMATION

CUSTOM IVY Pharmacy attempts to provide accurate and current information but does not warrant that all information on the Site will always be complete, current, or error-free.

Information concerning medications, regulations, services, availability, pricing, and pharmacy operations may change.

If you identify information on the Site that you believe is inaccurate, please contact us.

17. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

CUSTOM IVY PHARMACY DISCLAIMS ALL WARRANTIES REGARDING THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.

CUSTOM IVY PHARMACY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS.

Nothing in these Terms is intended to disclaim or limit any obligation or liability that cannot lawfully be disclaimed or limited.

18. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOM IVY PHARMACY AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE.

THE FOREGOING LIMITATIONS APPLY ONLY TO CLAIMS ARISING FROM OR RELATING TO THE SITE AND ARE NOT INTENDED TO LIMIT RIGHTS OR REMEDIES THAT CANNOT LAWFULLY BE WAIVED OR LIMITED.

Nothing in these Terms is intended to limit liability for professional pharmacy services to the extent such limitation is prohibited by applicable law.

19. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless CUSTOM IVY Pharmacy and its owners, officers, employees, representatives, contractors, and agents from claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising from your unlawful misuse of the Site, your material violation of these Terms, or your infringement of the rights of another person.

20. CALIFORNIA LAW

These Terms and your use of the Site shall be governed by the laws of the State of California, without regard to conflict-of-law principles, except where federal law controls.

Any provision of these Terms that is determined to be unlawful, invalid, or unenforceable shall be severed or limited to the minimum extent necessary, and the remaining provisions shall remain in effect.

Nothing in these Terms is intended to waive any rights that cannot legally be waived under applicable California or federal law.

21. TERMINATION OR RESTRICTION OF ACCESS

CUSTOM IVY Pharmacy may suspend, restrict, or terminate access to the Site where reasonably necessary because of misuse, suspected unlawful activity, security concerns, violation of these Terms, or discontinuation of the Site.

Termination of access to the Site does not alter any rights or obligations associated with prescriptions or pharmacy services already provided, except as permitted by applicable law.

22. CHANGES TO THESE TERMS

CUSTOM IVY Pharmacy may revise these Terms periodically.

When these Terms are materially revised, we will update the Effective Date appearing at the beginning of the Terms and provide any additional notice required by applicable law.

Your continued use of the Site after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

23. FORCE MAJEURE

CUSTOM IVY Pharmacy will not be responsible for delay or failure in the operation of the Site resulting from circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, earthquake, pandemic, war, terrorism, cyberattack, governmental action, labor disruption, interruption of utilities or communications, transportation disruptions, carrier delays, or failure of third-party systems or services.

Nothing in this provision alters the Pharmacy’s obligations regarding prescription drugs, patient safety, recalls, or continuity of pharmacy services where such obligations are imposed by applicable law.

24. GENERAL PROVISIONS

These Terms constitute the agreement between you and CUSTOM IVY Pharmacy regarding your use of the Site, together with any other policies expressly incorporated by reference.

Failure by CUSTOM IVY Pharmacy to enforce a provision of these Terms does not constitute a waiver of that provision.

You may not assign your rights under these Terms without our prior written consent.

Section headings are provided for convenience and do not affect interpretation of these Terms.

Provisions that by their nature should survive termination of these Terms will survive, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, and governing law.