terms and conditions
Darisi Inc d/b/a. myotcstore.com online store for Health and Beauty Products, Diabetes supplies, Home Medical and Surgical supplies, Vitamins and Minerals. We are selling products for Health and Beauty, senior healthcare medical supplies and Personal Care Products. Myotcstore.com is committed to provide the consumers with Products at low prices, having been in the online business from the past 16 years, we continually monitor the prices of the products we sell and put in our best efforts to provide genuine value to the customers, and having gained the trust of our customers.
We team work every day in order to achieve and grow as America's most trusted online store. Make Your Choice of Online store is myotcstore.com
The customer assumes all risk for selection and use of the service and content including IMAGE and product indications provided thereon or any equipment furnished in connection therewith. Myotcstore.com shall not be responsible for any errors, misstatements, inaccuracies or omissions regarding content Including IMAGE delivered through the service or any delays in or interruptions of such delivery.
The appearance of any Product and medication may be subject to change. The appearance of any Product or medication may vary from country to country.
To CONFIRM THE IDENTITY OF ANY PRODUCT OR OTC MEDICATION YOU MUST CONSULT YOUR DOCTOR OR PHARMACIST BEFORE INFLUENCING PURCHASE.
Every effort has been made to ensure that the information provided by myotcstore.com, is accurate, up-to-date, and complete, but no guarantee is made to that effect. In addition, the drug information contained herein may be time sensitive and should not be utilized as a reference resource beyond the date hereof. This drug information does not endorse drugs, diagnose patients, or recommend therapy. This drug information is a reference resource designed as supplement to, and not a substitute for, the expertise, skill, knowledge, and judgment of healthcare practitioners in patient care. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug of drug combination is safe, effective, or appropriate for any given patient. Myotcstore.com Information Services does not assume any responsibility for any aspect of healthcare administered with the aid of information myotcstore.com provides. The information in contained herein is not intended to cover all possible uses, directions, precautions, warnings, drug interactions, allergic reactions, or adverse effects. Please consult your doctor or Physician or Pharmacist If you have questions about the drugs you are taking. Always check with your doctor.
The customer acknowledges that use of the service and any equipment are provided on an "as is" basis. Except for warranties which may not be disclaimed as a matter of law, myotcstore.com makes no representation or warranties whatsoever, express or implied, including but not limited to representations or warranties regarding the accuracy or nature of the content of the service, warranties of title, no infringement, merchantability or fitness for a particular purpose. The consumer is advised to consult with counsel in their respective jurisdiction to determine the applicability or non applicability of the warranty disclaimers set out above.
myotcstore.com shall not be liable to any person (including but not limited to the Customer and persons treated by or on behalf of the Customer) for, and the customer agrees to indemnify and hold myotcstore.com harmless from any claims, lawsuits, proceedings, costs, attorney's fees, damages or other losses (collectively, "losses") arising out of or relating to (A) the customer's use of the service or content provided thereon or any equipment furnished in connection therewith and (B) any data or information input on the service by Customer, in all cases including but not limited to losses for tort, personal injury, medical malpractice or product liability, to the extent permitted by applicable law and as broad and inclusive as is permitted in the state of New Jersey and shall not be applicable in the case of myotcstore.com own negligence, intentional or reckless conduct.
Further, without limiting the foregoing, in no event shall myotcstore.com be liable for any special, incidental, consequential, or indirect damages, including damages for loss of profits, loss of business, or down time, even if myotcstore.com has been advised of the possibility of such damages, the information contained within the service is intended for use only by physicians and other healthcare professionals who should rely on their clinical discretion and judgement in diagnosis and treatment. As between the customer and myotcstore.com, the Customer hereby assumes full responsibility for insuring the appropriateness of using and relying upon the information in view of all attendant circumstances, indications and contradictions.
Under no circumstances shall myotcstore.com be liable to the Customer or any other person for any direct, indirect, exemplary, special or consequential damages arising out of or relating to the Customer's use of or inability to use the Service or the Content of the Service provided thereon or any Equipment furnished in connection therewith, to the extent permitted by applicable law and as broad and inclusive as is permitted in the state of New Jersey and shall not be applicable in the case of myotcstore.com own negligence, intentional or reckless conduct. myotcstore.com total liabilities in connection with this Agreement, whether arising under contract or otherwise, are limited to the fees received by myotcstore.com under this Agreement specifically relating to the Customer's service or product which is the subject of the claim.
Legal Notice for New Jersey Residents Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. Consequently, and for the avoidance of doubt, no provision in these Terms shall apply to any consumer in New Jersey if the provision violates any such clearly established legal right or responsibility, including, but not limited to, grounds for redress under or in the event of: (i) seller’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) seller’s failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). In addition, under the TCCWNA, no consumer contract may state that any of its provisions is or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. With respect to these Terms, in the section on Limitations of Liability, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.
The above notwithstanding, the parties agree to arbitrate any claim, dispute, or controversy, including all statutory claims and any state or federal claims, that may arise out of or relating out of the consumer’s use of this site or products acquired hereunder. Any controversy or claim arising out of, or relating to, use of the website or service that cannot be resolved through an informal process or through negotiation within 90 days, shall be settled by binding arbitration administered by the American Arbitration Association and judgment on any award rendered may be entered in any court having jurisdiction thereof.
The arbitration will be conducted in the County of Queens, City of New York, State of New York, but may proceed telephonically (if the claimant so chooses).
If you initiate a arbitration process to myotcstore.com we will reimburse you the standard filing fees once you have notified myotcstore.com in writing and have provided a copy of the arbitration proceeding.
By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as court actions, including but not limited to individual and class action lawsuits, jury trials, and/or other administrative proceedings, to settle their disputes.
In arbitration a dispute is resolved by a neutral arbitrator, or panel of arbitrators, rather than by a judge or jury. Arbitration is a more informal than a court trial; however an arbitrator can award the same relief that a court can award.
The arbitration will be administered by the American Arbitration Association and may be conducted under dispute rules in effect at the time of the dispute. You may obtain copies of the American Arbitration Association rules, forms and instructions by visiting the American Arbitration Association’s website at adr.org or by calling the American Arbitration Association.
You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated on a class wide, representative basis, or with any other arbitration or other proceedings that involve any claim or controversies of any other party.
Our sales tax software system may automatically calculate sales taxes on shipments into New York, New Jersey, Washington, California, Texas, Michigan, Georgia and Florida, Pennsylvania, Minnesota and Indiana. Sometimes tax may be collected separately which were not included at the time of order due any technical errors.
The tax will be separately calculated and charged accordingly. It will not be included on the sales order confirmation and on the invoice. We will sent you a separate tax invoice to collect the tax payment wherever, whenever necessary.
We encourage all our customers, who are entitled to sales tax exemption in the above mentioned state(s) to which they do ship their order to mail, email or fax all valid sales certificates, as soon as possible to receive the tax exemption if eligible.
Information on this site provided by - Darisi Inc., d/b/a Myotcstore hereinafter referred to as myotcstore.com is for informational purposes only and is not meant to be a substitute for the advice provided by your physician or other qualified medical professionals. This information is for reference only and not to be used for diagnosing or treating your health care problems or disease, or to prescribe medication or treatment. Read all product packaging carefully prior to use.
If you have or suspect you may have a medical problem, promptly seek the care your physician or health care provider. Also, consult your physician before starting a new diet, fitness, or supplement regimen. It must be understood that in no event shall myotcstore.com Online Pharmacy or any Information Provider be liable for any incidental, consequential, punitive or special damages, direct or indirect. Myotcstore.com online Pharmacy liability shall not exceed the fees paid by the user for the particular information or service provided. Some of the products like dietary supplements etc. have not been evaluated by the U.S. Food and Drug Administration (FDA) and are not approved to diagnose, treat, cure, or prevent disease.
Please consult your health care provider before taking any supplements, particularly if you are currently under medical care. myotcstore.com Online Pharmacy does not necessarily endorse manufacturers' or others' claims about the efficacy of these products, nor do we make any guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchant ability or fitness for a particular purpose. Due to medical information changes and updates, which occur periodically, some information on this site might be out of date.
While myotcstore.com online store attempts to provide the most accurate and up to date material, the information, material, products and services on this site may include inaccurate information, typographical errors or outdated information. Additionally, myotcstore.com may make modifications or changes to the site or the information, material, products or services described in this site at any time for any reason. Myotcstore.com is not responsible for and need not honor typographical or pricing errors on the site.
Myotcstore.com reserves the right to refuse or cancel an order at any time, including, but not limited to, orders that contain incorrect prices or product descriptions or orders regarding which myotcstore.com believes the customer has violated applicable law. Myotcstore.com also reserves the right to limit the number of items purchased or orders placed on this site.
If You have agreed to allow Your minor child, or a child for whom You are legal guardian (a "Minor"), to use this Site, You agree that You shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Site; and (c) the consequences of any use of the Site by such Minor. Links to Other Websites, The Site contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, You do so at Your own risk.
May some items contains chemicals known to cause cancer, birth defects, or other reproductive harm. Reference by California Office of Environmental Health Hazard Assessment (OEHHA) at: www.oehha.ca.gov/prop65/prop65_list/Newlist
Presented on the site are for representational use only and do not constitute or substitute for medical information from your health care or medical professional. Information on this site is provided for informational purposes only. Customers should only place product related reviews and do not review on the company. Those reviews related to company will be deleted and will not be published.
You should read carefully all information on correct product packaging and follow the instructions. If you have or suspect that you have a medical problem, promptly contact your health care provider. Information and statements regarding dietary supplements on this site have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease and may be for commercial.
Product Images shown in this website are for reference only. Actual item you receive may differ from shown.
Your use of the services and any content is at your own risk. The services and all content are provided on an “as is,” “as available” basis without warranty of any kind. we make no, and hereby expressly disclaim all, representations and warranties about the operation of the services, the accuracy or completeness of the content, or the information, materials, goods, or services appearing or offered on or through the services and/or the content. Without limiting the generality of the foregoing, we disclaim all warranties of any kind, whether express, statutory, or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus or other unauthorized or malicious code, and any warranties relating to the accuracy, reliability, correctness, or completeness of any content. Further, we make no warranty that the services will meet your needs or requirements or the needs or requirements of any other person. we do not warrant that the services, content, functions, or materials contained therein will be timely, secure, accurate, complete, up-to-date, free of viruses, malicious code or errors, or uninterrupted.
In no event will myotcstore.com involved in creating, producing, or delivering the services or content be liable for any direct, indirect, special, incidental, consequential, special, or punitive damages, lost profits, or other damages or losses whatsoever arising out of your access, use, misuse, or inability to use the services, content, or any sites linked from the services, however caused, whether in contract, tort, negligence, strict liability, or otherwise, even if myotcstore.com, any of its affiliates, or any of their respective representatives has been advised of the possibility of such damages or losses, or in connection with any interruption in availability of the services or content, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure.
You assume all responsibility and risk of damage, injury, or other loss resulting from your use and/or reliance on the site, the services, and/or the content. you hereby waive, release, and forever discharge myotcstore.com and its officers, directors, shareholders, employees, and agents from any claims, liabilities, or other obligations resulting from or in connection with your use of and/or reliance on the site, the services, or the content.
If applicable law does not allow the exclusion or limitation of certain damages, liability in such jurisdictions shall be limited to the extent permitted by applicable law. If you are dissatisfied with the services or content, your sole remedy is to stop using the services or content.
You agree to indemnify, defend, and hold harmless myotcstore.com and its affiliates, and each of their respective directors, officers, employees, contractors, service providers, agents, representatives, successors, and assigns, from and against any and all demands, claims, damages, liabilities, judgments, losses, costs, expenses and harms, including reasonable attorneys’ fees and expenses (including any of the foregoing incurred in enforcement of this indemnity), related to or associated with your use of the Services and/or Content, online conduct, any violation of these Terms, or dealings or transactions with other persons resulting from use of the Services or Content.
These Terms and your access to and use of the Services and Content are governed by the laws of the State of New York, without giving effect to its conflict of laws provisions, and by the laws of the United States. By accessing and/or using the Services or Content, you waive any claims that may arise under the laws of any other jurisdiction.
The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that myotcstore.com may seek any interim or preliminary relief from a court of competent jurisdiction in New York necessary to protect its rights or property pending the completion of arbitration.