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Terms and Conditions

March 14, 2024

Please read these Terms of Service (“Terms”) carefully before using the https://www.alto.com website, operated by Alto Pharmacy LLC (“We” “Alto,” “us,” or “our”), or the online services we provide (our website, mobile applications, and other online services, including all underlying technology, together, the “Service”). These Terms govern your access to and use of the Service. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you (“you”) agree that you have read and understand these Terms and our Privacy Notice. If you disagree with any part of the Terms or our Privacy Notice, then you do not have permission to access or use the Service.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Service and, by accessing or using the Service after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Service or otherwise communicated to you.

Privacy Notice

We may collect certain information about you from your access to and use of the Service as described in our Privacy Notice, which is incorporated into these Terms and describes our information collection, use, and sharing practices.

License

Provided you comply with these Terms, Alto grants you a limited, nonexclusive, revocable, nonassignable, nontransferable, nonsublicensable license to access and use the Service solely for your own personal noncommercial purposes. These Terms begin upon your creation of a Service account and will continue in effect until termination in accordance with these Terms.

Intellectual Property

The Service, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content are and will remain the exclusive property of Alto or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Alto. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Alto or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Service may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly described in these Terms, no licenses or other rights, express or implied, are granted by Alto to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Alto.

Compliance with Laws

In connection with your access to and use of the Service, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.

Restrictions on Your Use of the Service

You may download and print one copy of the Service’s visible content for your own personal noncommercial use as long as you do not modify or delete any copyright, trademark, or other proprietary notices.

You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Service or any part of the Service without Alto’s prior written consent.

You will not use the Service for unlawful purposes.

You warrant that all information you provide to us in connection with your access to and use of the Service is true, accurate, and complete to the best of your knowledge and belief.

You will not submit inaccurate, incomplete, or out-of-date information via the Service, commit fraud or falsify information in connection with your use of the Service, or act maliciously against the business interests or reputation of Alto.

You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Service for purposes of creating or compiling that content for any purpose.

You will not access, use, or copy any portion of the Service, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

You will not use the Service to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Service or any computers, hardware, software, system, data, or networks.

You will not engage in activities that aim to render the Service or associated services inoperable or to make their use more difficult.

You will not register for the Service nor will you use the Service if you are located out of the United States.

We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion, without notice or liability to you.

Purchases; Payment Information

If you wish to purchase any product or service made available through the Service (“Purchase(s)”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Information about our collection and use of payment-related information is described in our Privacy Notice. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Refunds, if available, are solely the responsibility of Alto and are at Alto’s sole discretion.

You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase. The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Notice.

Accounts

You will be required to set up an online Alto account to use certain features of the Service. When you create an account with us, you will be required to submit certain information and will be required to establish a username and password, and you warrant that you are at least 18 years of age.

You are responsible for maintaining the confidentiality of any information you use in connection with the Service, including your username and password. You are responsible for any and all activities or actions that occur under your account and/or password. You must notify us immediately at privacy@alto.com upon becoming aware of any breach of security or unauthorized use of your account. You will not transfer your Alto account to or share your Alto account with any other person. Your Alto account is personal to you.

Account Suspension, Deactivation, & Termination

Alto may, for any reason, at any time, and in its sole discretion, suspend, deactivate, or terminate your account or your use of the Service, or terminate these Terms, without notice or liability, including: if you breach these Terms; upon any unauthorized use of your username, password, or Alto account; if you act in an abusive manner; or if you act in a manner inconsistent with local, state, or federal laws or regulations. If we suspend, deactivate, or terminate your account, you may not create another account without our prior written permission. You may terminate your account at any time by contacting us using the message feature in your account and requesting such termination.

Special Terms for Apple iOS Devices.

Notwithstanding any other provision within these Terms, the following paragraphs are applicable to those using an Alto mobile application acquired from the Apple App Store to access the Service on an Apple iOS device (“Alto iOS App”).

Acknowledgement. You acknowledge that this agreement is concluded between you and us only, and not with Apple. Alto, not Apple, is solely responsible for the Alto iOS App and the content thereof. You further acknowledge that Alto may not be used in any manner inconsistent with the App Store Terms of Service as of the Effective Date.
Scope of License. You are granted a license to use the Alto iOS App on any iOS device that you own or control and as permitted by the “Usage Rules” set forth in the App Store Terms of Service.
Maintenance and Support. We are solely responsible for providing maintenance and support for the Alto iOS App, as specified in these Terms or as required under applicable laws. You and Alto acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Alto iOS App.
Warranty. We are solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of an Alto iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such Alto iOS App to you; and that, to the maximum extent permitted by applicable laws, Apple will have no other warranty obligation whatsoever with respect to the Alto iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us.
Product Claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to an Alto iOS App or your possession and/or use of the Alto iOS App, including, but not limited to: (i) product-liability claims; (ii) any claim that the Alto iOS App fails to conform to any applicable laws requirements; and (iii) claims arising under consumer protection or similar legislation. Our liability is limited so far as permitted by applicable laws.
Intellectual Property Rights. In the event of any third-party claim that an Alto iOS App or your possession and use of such Alto iOS App infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Third-Party Beneficiary. You and we acknowledge and agree that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.

Career Opportunities

The Service may allow you to upload a resume and other materials in connection with posted career opportunities at Alto. You will not upload a resume or any other materials for any person other than yourself. You warrant that all information contained in any resume or other materials you provide is current, accurate, and complete. Your submission of a job application and your upload of a resume or other materials does not in any way require Alto to review materials or consider you for employment. Career opportunity descriptions on the Service are subject to change at our sole discretion without notice.

Product & Service Availability

The prices and availability of products and services made available on the Service may change at any time without notice to you. Prices remain valid while they are listed and offered on the Service. Prices will be as posted on the Service as of the date and time of your order, as applicable. Availability of products and services may be limited and products may not be available for immediate delivery. Some products and services may not be available in certain areas. Information about the possible substitution of a generic product is in our Generic Substitution Notice, which is available on our Service.

No Warranty

The Service is provided “as is,” “as available,” and without any warranty of any kind. Neither Alto nor its affiliates, suppliers, or licensors are responsible for providing maintenance or support services for the Service. Alto makes commercially reasonable efforts to ensure that all material, data, and other information on the Service is accurate and reliable, but neither accuracy nor reliability can be guaranteed. Alto does not warrant or guarantee the quality, completeness, timeliness, or availability of the Service. Alto does not warrant or guarantee that the Service will be uninterrupted or error-free, that any defects in the Service will be corrected, or that the Service or the servers that make the Service available are free of viruses or other harmful conditions or components. Alto is not responsible for any typographical errors on the Service.

To the extent that information collected through the Service is protected health information, as that term is defined under the health insurance portability and accountability act of 1996 and any regulations promulgated thereunder (“HIPAA”), the information is governed by Alto’s notice of privacy practices, which is available on our Service. We will only access, use, or disclose protected health information as permitted by applicable federal and state laws, including HIPAA.

To the maximum extent permitted by applicable law, Alto expressly disclaims all warranties of any kind with respect to the Service, including without limitation those regarding availability, quality, accuracy, merchantability, fitness for any use or purpose, compatibility with any standards or user requirements, title, noninfringement, and any arising from a course of dealing or usage in trade. Alto has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication.

We make no representation that the Service is appropriate or available for use in locations other than the United States. If you choose to access or use the Service from locations other than the United States, you do so at your own risk and you are responsible for complying with applicable laws and regulations.

Your use of the Service is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any information from the Service, and any other damage that may be incurred.

No advice or information, oral or written, obtained by you from Alto or in any manner from the Service creates any warranty.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Alto, its affiliates, or its or their respective directors, officers, owners, employees, contractors, representatives, consultants, agents, suppliers, or licensors (together, “Alto parties”) be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with the Service or your access to or use of, or inability to access or use, the Service (including without limitation the input of personal and other information into the Service), whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if a Alto party has express knowledge of the possibility of the loss or damage.

Your sole and exclusive remedy is to stop accessing and using the Service. Without limiting the foregoing, in no event will Alto parties’ liability to you exceed $100, even if this remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.

Indemnification

You will indemnify, defend, and hold harmless Alto Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Service, your misuse of any material, data, or other information downloaded or otherwise obtained from the Service, your order of products and services through the Service, or your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

Links to Third-Party Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Alto Pharmacy LLC. Alto has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Alto shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Governing Law; Disputes

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Any dispute, controversy or claim arising out of or relating in any way to these Terms, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach the Terms (a “Dispute”), shall be exclusively resolved by binding arbitration upon a Party’s submission of the Dispute to arbitration. In the event of a Dispute arising out of or relating in any way to the Terms, the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, management level representatives of both Parties shall meet at an agreed location to attempt to resolve the Dispute in good faith. Should the Dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the Dispute. The arbitration shall be conducted by JAMS Mediation, Arbitration and ADR Services.

You and Alto agree that these Terms affect interstate commerce and that the enforceability of the dispute resolution provisions of these Terms shall be governed by, construed and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) to the maximum extent permitted by applicable laws.

No Class Arbitrations, Class Actions or Representative Actions.

You and Alto agree that Disputes are personal to you and Alto, and that Disputes will be resolved solely through individual arbitration, class action or any other type of representative proceeding. You and Alto agree that a Dispute cannot be brought as a class or other type or representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

General

Alto welcomes comments regarding the Service. If you submit comments or feedback to us regarding the Service, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. These Terms inure to the benefit of Alto’s successors and assigns. You may not assign your rights or delegate your duties under these Terms without our prior written consent.

These Terms, including our Privacy Notice, constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by Alto. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

If any provision of these Terms is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other provisions will remain valid and enforceable.

Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Service. Alto will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond Alto’s control, including without limitation acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, other extraordinary elements of nature, telecommunications failures, internet failures, and similar causes and events.

These Terms and any other documentation, agreements, notices, or communications between you and Alto may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.