Terms and Conditions
By accessing this Website and using any of the information contained on this Website, you agree to be bound by the following terms and conditions. This Website, including these terms and conditions, may be changed at any time, therefore, you are urged to periodically review these terms and conditions for updates and changes at www.kubatpharmacy.com. Accessing the Website and using the information contained on the Website shall be deemed your acceptance of any such changes and your consent to the reasonableness of these standards for notice of any such changes.
KUBAT PHARMACY, INC., KUBAT CUSTOM HEALTH CARE, INC. AND KUBAT NURSING HOME SERVICES, INC. are separately licensed and separately operated entities specializing in different types of pharmaceutical needs. For the convenience of KUBAT’s customers, the first page of this Website contains separate links to each of the three sites allowing KUBAT’s customers to receive information on the entity that can help them with their specific pharmaceutical needs. All information contained in these terms and conditions applies to all three entities. For purposes of these terms and conditions, the three entities KUBAT PHARMACY, INC., KUBAT CUSTOM HEALTH CARE, INC. AND KUBAT NURSING HOME SERVICES, INC. and all of their medical advisors, suppliers, consultants, directors, officers and employees shall be referred to collectively as “KUBAT.”
All of the content on this Website (including but not limited to text, photographs, data, images, software, graphics and videos) is provided free of charge as a service to KUBAT’s customers. KUBAT does not warrant that the content contained on this Website will be accurate, reliable, complete or current. All content contained on this Website or content accessible from this Website is subject to change without notice.
The information on this Website does not address nor does it attempt to address all medical conditions. Any information contained on this Website is for informative and educational purposes only and is not intended for diagnosis. Information provided on this Website may or may not apply to your personal condition. Since the information is only for educational and informative purposes, it may be provided in summary or aggregate form. This Website and the content provided on it is not intended to substitute for consultation with a physician or any other medical professional nor should this Website or the information contained on it be used as a substitute for a consultation with a physician or another medical professional. Furthermore, this Website should not be used for prescribing medications nor should it be used as a substitute to the information provided on or with products by the manufacturers of those products. KUBAT does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on this Website.
Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Copyright and Trademark Information
Copyright ©2002 KUBAT PHARMACY, INC., KUBAT CUSTOM HEALTH CARE, INC. AND KUBAT NURSING HOME SERVICES, INC. All rights reserved. This Website and all of the content contained on this web site is owned by KUBAT or the parties who have provided the content used on this Website. This content constitutes property and is protected by both U.S. and international copyright laws, trademark laws and other proprietary rights. Copyright, trademark and other proprietary rights in the content of this Website are valid and protected in all forms, media and technologies existing now or hereinafter developed. The entire content of this Website is copyrighted as a collective work under U.S. and international copyright laws. This copyright protects compilation, arrangement, coordination and selection of the content contained on this Website.
KUBAT has provided this Website and all content contained on this Website solely for the personal, non-commercial use of visitors to this Website. You agree not to access or use this Website or any of the content contained on this Website for any commercial purposes whatsoever. Use of this Website is exclusively limited to personal educational and informational purposes. You may not modify, remove, delete, augment, add to publish, reproduce, transmit, broadcast, distribute, participate in the transfer or sale of, create derivative works from, or in any way exploit the content of this Website in whole or in part.
If no specific restrictions are displayed with information or materials provided on this Website, you are hereby granted permission to download, print and store said information and materials. However, you are granted this permission only if the sole and exclusive purpose of downloading, printing and storing the information and materials is your own personal, non-commercial use. Should you download or otherwise receive any information or materials from this Website, you are hereby advised that KUBAT retains title and full intellectual property rights to all such information or materials. You are prohibited from altering or modifying any information or materials that you download or otherwise receive from this Website and from deleting or changing copyright notices, trademark legends or proprietary rights notices attached to any information or materials. Furthermore, except as provided above or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), any information or materials that you receive from this Website cannot be copied, uploaded, distributed or posted onto any computer system or broadcasted through any other type of media without first obtaining prior written permission from KUBAT or the owner of the copyright or other proprietary right. Any content which constitutes software shall be governed by the software license agreement if such an agreement exists.
KUBAT PHARMACY, INC., KUBAT CUSTOM HEALTH CARE, INC., KUBAT NURSING HOME SERVICES, INC. and KUBAT, 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 Website are the trademarks, services marks, trade names or other protected intellectual property of KUBAT. These may not be used in connection with any third party products or services. All other trademarks, product names, company names, logos and brands appearing on this Website are the property of their respective owners.
KUBAT respects the intellectual property of others, and KUBAT asks its users to do the same. If you believe that your work has been copied and is accessible on the web site in a way that constitutes copyright infringement, you may notify KUBAT by providing KUBAT’s copyright agent the following information: an electronic or 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, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work identification of the URL or other specific location on the web site where the material that you claim is infringing is located 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; and 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.
Our agent for notice of claims of copyright infringement on the web site can be reached as follows:
Kubat Pharmacy, Inc.
4924 Center Street
Omaha, Nebraska 68106
Limitation of Liability
Under no circumstances shall KUBAT or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if KUBAT has been advised of the possibility of such damages) that result from (i) the use of or inability to use the Website; (ii) decisions you make or your actions or nonactions in reliance upon information or materials contained on the Website; (iii) the cost of procurement of goods and services or substitute goods and services resulting from any data or information obtained through this Website; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Website; or (vi) any other matter relating to this Website and the information and materials contained on it. You hereby acknowledge that this paragraph shall apply to all content available through this web site and that this is a comprehensive limitation of liability that applies to all losses and damages of any kind. Some states do not allow for the exclusion or limitation of liability for consequential or incidental damages; in those states, liability is hereby limited to the fullest extent permitted by law. If you are dissatisfied with this Website or the content provided on this Website (including these terms and conditions), your sole and exclusive remedy is to discontinue use of this Website.
You agree to indemnify and hold KUBAT, and its subsidiaries, affiliates, officers, directors, agents, other partners and employees harmless from any claim or demand, including reasonable attorney’s fees made by any third party due to or arising out of any content you submit, post to or transmit through the Website, your use of the Website, your connection to the Website, your violation of these terms and conditions or your violation of any rights of another.
You expressly agree that your use of this Website and/or any of its contents is solely at your own risk. This risk includes responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connecting with this web site. Neither KUBAT, nor its affiliates, nor any of their respective officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors, or other similarly situated parties warrant that access to the Website will be uninterrupted or that the Website and/or the server running it will be free from errors, viruses and other harmful elements. KUBAT expressly disclaims liability for any and all technical failures, incomplete, scrambled or delayed computer transmissions, technical inaccuracies as well unauthorized access of user transmissions by third parties. This Website and all of the content contained on it are provided “AS IS” and “AS AVAILABLE” without warranties of any kind. KUBAT specifically disclaims warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral or written information given by KUBAT nor its affiliates, nor any of their respective officers, directors, employees, agents, providers, merchants, sponsors, licensors, or the like shall create a warranty.
To the full extent not precluded by applicable law, KUBAT expressly disclaims and excludes all express, implied or statutory warranties with respect to all content of this Website, including information and products discussed or referenced on this Website. KUBAT also expressly disclaims and excludes all express, implied or statutory warranties with respect to any information or products accessed through any links to or from this Website. This disclaimer includes, but is not limited to, any and all warranties of merchantability, fitness for a particular purpose, and non-infringement. This Website is operated in the State of Nebraska, United States of America and KUBAT makes no warranty or representation that the information is applicable, appropriate or available for use in other jurisdictions. Access to this Website and its contents in territories where it is illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of U.S. export laws and regulations.
Information contained on this Website may be provided by third parties. Such third party information is provided by KUBAT as a distributor and not as a publisher. This third party information may contain the opinions of the third party or offers from the third party. KUBAT does not warrant that the third party information contained on this Website will be accurate, complete, current or reliable. KUBAT makes no warranties regarding any third party information provided by KUBAT on this Website. KUBAT makes no guarantees, representations or warranties regarding any third party’s conformance to applicable laws and regulations or regarding any third party’s performance.
KUBAT will not permit any conduct that in the sole discretion of KUBAT restricts, prevents or inhibits any other person from accessing or using this Website. By accessing and using this Website, you agree to only use the Website for lawful purposes. All users of this Website are prohibited from transmitting through this Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from the Website to either a foreign national or a foreign destination in violation of such laws.
KUBAT may elect to electronically monitor areas of the Website and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect KUBAT’s rights or property rights of the users, sponsors, providers, licensors or merchants. KUBAT is not responsible for screening, policing, editing or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive content, KUBAT may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website.
This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to choice of law rules. Any claim relating to the Website or the contents of the Website shall be governed by the laws of the State of Nebraska. Any litigation arising out of or in connection with the use of this Website shall be exclusively in the state or federal courts of Douglas County, Nebraska. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these terms and conditions must be filed within one year after such claim or cause of action arose or be forever barred.
These terms and conditions constitute the entire agreement between KUBAT and you governing your access and use of this Website and the content contained in the Website. You may also be subject to additional terms when you use affiliate services, third party content or software. Our failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
Should any provision in this agreement be deemed invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision. 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 headings used in this agreement are for reference purposes only and shall not affect the meaning or interpretation of this agreement.