Terms and Conditions of Use
Last updated: April 22, 2016
Welcome to Medichest.com and its other sites and stores including but not limited to Medi-Chest.com, Beauty-Chest.com, HHC-Chest.com, Beewellhealth.com, Discreetshopping.com, Theoralcosmetic.com and/or its other affiliated websites; hereafter referred to as "Medichest”. Medichest provides website features and other products and services to you when you visit or shop at Medichest, use Medichest products or shopping services, use Medichest applications for mobile/cellular/desktop, et.al. or use software provided by Medichest in connection with any of the foregoing (collectively, "Medichest "). Medichest provides online shopping systems and experiences subject to the following conditions.
By using Medichest, you agree to these conditions. Please read them fully and carefully.
We offer a wide range of products and additional services, and sometimes additional terms may apply. When you use a specific Medichest Service (for example, Your Account, Your Profile or Gift Cards) you also will be subject to the guidelines, terms and agreements applicable to that Medichest service.
All content included in or made available through Medichest, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of Medichest or its content suppliers and is protected by United States and international copyright laws. The compilation of all content included in or made available through Medichest is the exclusive property of Medichest and is protected by U.S. and international copyright laws.
When you use Medichest, or send emails, text messages and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by email, text, in-app push notices or by posting notices and messages on this site or through the other Medichest sites, such as our Customer Center. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
One or more patents owned by Medichest apply to the Medichest sites and to the features, shopping systems and services accessible via the Medichest sites. Portions of Medichest operate under license of one or more patents protected under Law in 184 countries, including but not limited to the United States of America.
License and access
Subject to your compliance with these Conditions of Use and your payment of any applicable charges, costs or otherwise fees, Medichest or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of Medichest. This license does not include any resale or commercial use of Medichest, or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of Medichest or its contents; any downloading, copying or other use of account information for the benefit of any third party; or any use of data mining, robots or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Medichest or its licensors, suppliers, publishers, rights-holders or other content providers. No Medichest site, nor any part of Medichest, may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose, with or without monetary or personal gain without express written consent of Medichest. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, css, design or form) of Medichest without express written consent. You may not use any meta-tag(s) or equivalent or any other "hidden text" utilizing Medichest name or trademarks without the express written consent of Medichest. You may not misuse the Medichest site or sites. You may use the Medichest sites only as permitted by law. The licenses granted by Medichest terminate if you do not comply with these Conditions of Use or any Service Terms.
Graphics, logos, page headers, button icons, scripts and service names included in or made available through Medichest are trademarks or trade dress of Medichest in the U.S. and other countries. Medichest trademarks and trade dress may not be used in connection with any product or service that is not Medichest, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Medichest. All other trademarks not owned by Medichest that appear in Medichest are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Medichest.
If you use Medichest, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and or other devices, and you agree to accept responsibility for all activities that occur under your account or password. Medichest does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Medichest only with involvement of a parent or guardian. Products containing alcohol on Medichest are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Medichest reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders at its sole discretion and for any legal reason.
Medichest strongly respects the intellectual property of others. If you believe that your work or efforts have been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement. Email firstname.lastname@example.org for all such claims.
Reviews, comments, communication and other content
Visitors may post reviews, comments, photos, videos and other content; send e-cards and other communications; and submit suggestions, ideas, thoughts, plans, notions, creative outlines and impressions, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity/copyrights) or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, trojans, worms, adware, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam" or unsolicited commercial or non-voluntary reproducible electronic messages. You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of a card, message or other content. Medichest reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Medichest a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, adopt, discuss, share, disseminate, publish, perform, translate, expand, shrink, share and control create derivative works from, distribute and display such content throughout the world in any media known or unknown. You grant Medichest and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Medichest for all claims resulting from content you supply. Medichest has the right but not the obligation to monitor and edit or remove any activity or content. Medichest takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of loss
All items purchased from Medichest are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Your Shipping Agreement is exclusive between the two parties; namely you and the Shipper. Medichest becomes a third party, with full disinterest once we deliver fulfilled or partially fulfilled orders or services to the Shipper. This Risk of Loss applies to all goods and services purchased on the Medichest site(s) and in all countries including but not limited to the United States.
Returns, refunds and title
Medichest does not take title to returned items until such items arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Medichest does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.
Medichest attempts to be as accurate as possible. However, Medichest does not warrant that product descriptions or other content of Medichest is accurate, complete, reliable, current or error-free. If a product offered by Medichest itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price, Average Price or Suggested Price displayed for products on Medichest represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with typical standard industry practice; or the estimated retail value for a comparably listed item offered for sale elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day, hour or portion thereof. For certain items that are offered as a set, the List Price or Suggested Price may represent open-stock prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our vendors or suppliers, the List Price or Suggested Price may be provided by said supplier.
With respect to items sold by Medichest, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our database may be mispriced. If the correct price of an item sold by Medichest is higher than our stated price, we will, at our discretion, either contact you for instructions/permissions before shipping or cancel your order and notify you of such cancellation. Other suppliers may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for Special Orders, until we make the Special Order a confirmed Purchase Order with a specific manufacturer or supplier.
Application (apps/app) permissions
When you use apps created by Medichest, such as the Medichest App, or Medichest Mobile App, you are granting certain permissions to us for your device(s). Most mobile devices provide you with information about these permissions. To learn more about these permissions, please consult your device maker.
Our software terms
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Medichest.
Disclaimer of warranties and limitation of liability
ALL MEDICHEST INFORMATION, PRODUCTS, MATERIALS, CONTENT, (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH MEDICHEST ARE PROVIDED BY MEDICHEST ON AN "AS IS" AND "AS PRESENTLY AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MEDICHEST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, KNOWN OR UNKNOWN AS TO THE OPERATION OF MEDICHEST, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING APPLICATIONS AND OR SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH MEDICHEST, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF MEDICHEST IS AT YOUR SOLE RISK AND WITHOUT EXCEPTION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MEDICHEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MEDICHEST DOES NOT WARRANT THAT INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH MEDICHEST, MEDICHEST SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MEDICHEST ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEDICHEST WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF MEDICHEST, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH MEDICHEST, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, KNOWN OR UNKNOWN, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THERE ARE CERTAIN STATE LAWS THAT DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS UNDER THE LAW.
Any dispute or claim relating in any way to your use of Medichest, or to any products or services sold or distributed by Medichest will be resolved by applicable law in a court of competent jurisdiction.
Court review and or approval or disapproval of any dispute is limited. Damages and relief that a court may provide any party (including injunctive and declaratory relief or statutory damages), must follow the Terms of these Conditions of Use as a court would and in all circumstances, where applicable.
We, you and all parties each 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 all parties agree to waive any right to a jury trial. All parties also agree that they or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using Medichest, you agree that applicable federal law, and the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Medichest.
Site policies, modification and severability
Please review our other policies, such as our shipping and returns policies, posted on this site. These policies also govern your use of Medichest. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time and without notice. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
8514 McAlpine Park Drive
Charlotte, NC 28211
How to serve a subpoena
If you have a subpoena to serve on Medichest, please note that Medichest does not accept service via email or fax and will not respond to the subpoena. All subpoenas must be properly served on Medichest, preferably by mailing the subpoena to Legal Affairs, Medichest, Inc., 8514 McAlpine Park Drive, Box 195, Charlotte, NC 28211.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, names, emails and/or credit card numbers used to make purchases; the IP address and complete time stamp for history record research.
Notice and procedure for making claims of copyright infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint in writing via email to email@example.com. Medichest responds quickly to the concerns of copyright owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that 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.
Medichest Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Medichest Legal Department
8514 McAlpine Park Drive
Charlotte, NC 28211
Please note that this procedure is exclusively for notifying Medichest that your copyrighted material has been infringed.
Additional medichest shopping terms
1. Use of Medichest software/website(s): You may use Medichest Software/Website(s) solely for purposes of enabling you to use and enjoy Medichest as provided by Medichest, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of Medichest Software/Website(s) into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license Medichest Software/Website(s) or otherwise assign any rights to Medichest Software/Website(s) in whole or in part. You may not use Medichest Software/Website(s) for any illegal purpose. We may cease providing Medichest Software/Website(s) and we may terminate your right to use Medichest Software/Website(s) at any time. Your rights to use Medichest Software/Website(s) will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third-party terms contained within or distributed with certain Medichest Software/Website(s) that are specifically identified in related documentation may apply to that Medichest Software/Website(s) (or software incorporated with Medichest Software/Website(s)) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in Medichest is the property of Medichest or its software suppliers and protected by United States and international copyright laws.
3. No reverse engineering: You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Medichest Software/Website(s), whether in whole or in part, or create any derivative works from or of Medichest Software/Website(s).
4. Export regulations: Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to Medichest Software/Website(s). If you are a U.S. Government end user, we are licensing Medichest Software/Website(s) to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to Medichest Software/Website(s) are the same as the rights we grant to all others under these Conditions of Use.