Terms & Conditions of Use
To review the Sterling Notice of Privacy Practices, click here.
Welcome to YourSterlingPharmacy.com, the online home of Sterling, a division of Astrup Drug, Inc. (“Sterling,” “we,” “us”). This website is produced and owned by Astrup Drug, Inc. Sterling and its affiliates provide their products and services to you subject to the following terms and conditions (the “Terms). By accessing this web website, you agree to be bound by and comply with these Terms and all applicable laws and regulations. We ask that you please read them carefully. If you do not accept these terms and conditions, please leave this website now.
We may modify these terms and conditions from time to time by posting modified terms and conditions. If you visit or shop at our website after such modified terms and conditions are posted, you agree to accept the modified terms and conditions. If you do not accept the modified terms and conditions, please leave this website now.
Order and Acceptance. By submitting an order, you offer to purchase the products or services you select and submit to us. It is within our discretion to accept or reject your order. Your payment for products, services, shipping, or sales tax relating to your order is due upon the submission of your order. If we accept your order, we will charge you for the products and services. If we do not accept the order, we will not charge you for the products and services.
Product and Service Descriptions. Sterling and its affiliates attempt to be as accurate as possible. However, neither Sterling nor its affiliates warrant that product or service descriptions, pricing, availability, or other content of this website is accurate, complete, reliable, current, or error-free.
Any health-related information is provided to enhance your experience, but it is not intended to constitute medical advice or diagnose, treat, cure, or prevent any medical condition. If you have questions about your health or treatment, please contact your pharmacist or other medical professional.
Right to Refuse Service. We reserve the right to refuse service to anyone, with or without cause.
Your Account. If you create an account on this website, you agree to submit accurate, complete information, and to update it as appropriate. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You must notify us immediately if you suspect any unauthorized use. We are not liable for any loss you incur as a result of someone else using your password or account, either with or without your knowledge, and are not responsible for any delay in shutting down your account after you have reported a breach of security to us.
Ownership and Copyright. We own or license all content contained on this website, including without limitation, text, images, icons, data, software, trademarks, trade dress, and User Content (as defined below) (collectively, “Sterling Content”), and you may access and use it solely for your own personal, non-commercial shopping and information purposes. Sterling Content may be protected by domestic and international copyright, patent, trademark, and other rights, and all rights, titles, and interests are reserved by their respective owners. Copying, publishing, broadcasting, modifying, distributing, or transmitting any Sterling Content in any way without our prior written consent is strictly prohibited.
All rights not expressly granted herein are reserved to our content providers and us.
Trademarks. All trademarks, trade names, service marks, logos, phrases, and designs (including, without limitation, all page headers, custom graphics, button icons, and scripts) used on this website (collectively, the “Marks”) are proprietary to Sterling or other respective owners that have granted Sterling the right and license to use such Marks. You may not copy, imitate, or use, in whole or in part, any of the Marks.
User Content. You may be able to create or submit comments, suggestions, ideas, materials, photos, product reviews, concepts, questions, or other information (“User Content”), these submissions and all the intellectual property rights contained therein shall be deemed and remain our exclusive property without any obligation to compensate you. You agree that we shall not be under any obligation whatsoever to return any unsolicited submissions from you. You hereby assign to us all of your rights and title (including intellectual property rights) in such User Content.
You agree that we shall be entitled to the unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to you or any other provider of the unsolicited submissions. You agree that we shall not be required to treat the User Content as confidential.
Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111).
General Site Use. This website is provided to individuals for personal use only. Any commercial use of this website is expressly prohibited. You agree to abide by all laws relating to use of this website. You are prohibited from posting on or transmitting through this website any illegal, obscene, defamatory, abusive, hateful, sexually or racially or ethically discriminatory, or otherwise objectionable or harmful material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national, or international law. Furthermore, we will not permit any conduct by you that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying this website. Information posted should not infringe the intellectual property rights of any third parties. You may not alter, modify, or delete information posted by other users. You may not interfere with this website, including but not limited to, unauthorized access of data, attempting to breach the security of this website, interference with other users or this website, or sending unsolicited email through this website. You may not collect information about others, including but not limited to, others’ email addresses and IP addresses, without their consent. You agree not to undertake or facilitate any effort to interrupt, modify, limit, interfere with, commercially exploit, or negatively impact the functionality of any Sterling services in any way. You further agree not to deploy or utilize any automated method of collecting content from our website, such as robots, crawlers, and scraping mechanisms.
To protect the interests of us and our users, we may monitor, modify, terminate, and disclose to third parties (including law enforcement) your use of our website (including User Content) at any time.
No Warranty and Warranty Disclaimer. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDNG THE USE OF THIS WEBSITE IN TERMS OF ITS ACCURACY, RELIABILITY, SUITABILITY, OR OTHERWISE. FURTHERMORE, THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND WE DO NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OR EXPERIENCE OF THIS WEBSITE.
THIS WEBSITE IS PROVIDED “AS IS” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE CONCERNING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE, WHATEVER ITS SOURCE, AND ALL USE OF (OR INABILITY TO USE) THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OR RELATED COMPANIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER TYPE OF DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OUR USE OF THIS WEBSITE (OR INABILITY TO DO SO) IN ANY MANNER. YOU AGREE THAT OUR TOTAL LIABLITY FROM OR RELATED TO YOUR USE OF AND ACCESS TO THIS WEBSITE, WHETHER THE FORM OF ACTION OR CLAIM IS IN CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE IS LIMITED TO THE PURCHASE PRICE OF ANY PRODUCTS AND SERVICES YOU PURCHASED FROM US IN THE APPLICABLE TRANSACTION.
Exclusions and Limitations. Because some jurisdictions do not allow the exclusion of certain warranties or exclusions or limitations of liability for consequential or incidental damages, some of the above exclusions or limitations may not apply to you.
Indemnification. You agree to indemnify and hold us, our officers, directors, employees, subsidiaries, affiliates, and related companies harmless from and against any claim or demand, liabilities, and settlements, including reasonable attorney’s fees, made by any third party due to or arising out of the unsolicited submissions, content you submit, post to, or transmit through this website, your use of this website, your connection to this website, your violation of these terms and conditions, or your violation of any rights of another in connection with your use of this website.
Links. This website contains links to other websites. We provide the links to you only as a convenience. You acknowledge that we do not endorse and are not responsible for the content of such other websites. You further acknowledge that we are not liable for any loss or damage in connection with such other websites.
Access and Termination. You agree that you have no ownership interest in any content on our website (including User Content) and that we may, in our sole discretion, terminate your password, account, or access to this website, and remove and discard any website content, for any reason. We may also discontinue providing this website, or any part of it, with or without notice. You agree that any termination of your access to this website may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and password and all related information and files or bar further access to such files. Further, you agree that we shall not be liable to you or any third party for any termination of your access to this website. Notwithstanding termination of your access to this website, you will still be liable for the payment of any amounts due or other obligations incurred before termination, whether your use of this website is terminated by you or us. Termination of your access to this website does not terminate the applicability of these terms and conditions, the appropriate provisions of which hall survive in perpetuity (as modified).
If you choose to access in-store wifi services we may provide, you agree that you are responsible for all activities occurring on your device.
Use Outside the United States. We are based in Austin, Minnesota, in the United States of America. We make no claim that the website content is appropriate, or may be downloaded, outside of the United States, and this website is not intended for use by persons outside the United States. Access to the website content may not be legal by certain persons in certain countries. If you access this website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Jurisdiction and Governing Law. These terms and conditions are governed by and shall be interpreted under the laws of the State of Minnesota, U.S.A., notwithstanding its conflicts of law principles. All disputes or claims arising out of use of this website will be resolved in the Federal District Court for the District of Minnesota or in Mower County District Court, Austin, Minnesota.
Miscellaneous. If any provision of these terms and conditions is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. Waiver by us of any breach under these terms and conditions shall not affect or impair our rights with respect to any subsequent breach of the same, similar, or of a different nature. Our failure to exercise or enforce any right or provisions of these terms and conditions shall not constitute a waiver of such right or provisions. 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 this website, the website content, or the terms and conditions must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in these terms and conditions of use are for convenience only and have no legal or contractual effect. The provisions of the terms and conditions of use shall be binding on and inure to the benefit of both your successors and assignees and our successors and assignees.
Questions. If you have any questions about these Terms and Conditions of Use, please write to us at:
Astrup Drug, Inc.,
Attn: Website Terms and Conditions
905 N Main St,
Austin, MN 55912
© Astrup Drug, Inc., 2018. All rights reserved.