About Us
Terms of Use & Privacy Policy
General
Your use of this website ("Website") is governed by these Terms of Use, which includes our Privacy Policy (collectively "Terms"). The following terms govern your access to and use of this website (the "Website"), including any content, functionality and services offered on or through it. If you are a minor using this Website, make sure you have your parent's or legal guardian's permission to do so. By using our Website, taking advantage of our services and our Enhanced Services (as defined below), you are indicating your agreement to these Terms. If you disagree with any of these Terms, please discontinue using the website. Use of the Website is deemed acceptance of the Terms.
Services Available through this Website
In addition to learning more about our products through our Website, we hope you will use this Website to interact with E.T. Browne Drug Co., Inc. ("E.T. Browne") and other users of our products in our hosted forums, which may include blogs, chat rooms and other forms of interactive media ("Enhanced Services"). In order to take advantage of these Enhanced Services, users need to register with our site ("Registered User(s)"). At the time of registration, users will be asked to generate a user name and a password.
User Agreement
Regardless of whether you are a visitor to this site, a casual user or a Registered User, by using the Website, you are representing to E.T. Browne that:
- You will not use the Website for any unlawful purpose.
- You understand and agree that E.T. Browne may discontinue or change the Website, the services and the Enhanced Services.
- You also understand and agree that E.T. Browne may discontinue or restrict your use of this Website for any reason.
- You are familiar with and agree to abide by these Terms, including any updates or changes to these Terms.
Copyrights and Trademarks
The entire content of this Website, including, but not limited to, text, graphics, logos, icons, images, audio clips, interfaces, software and the compilation of these elements is the property of E.T. Browne, our affiliates, partners or licensors, and is protected by Canadian, United States and International copyright and other intellectual property laws.
You may access and use this Website for personal use only. You may retrieve and display content from this Website on a computer screen, download and print individual pages, and store such pages in electronic form for your own personal, non-commercial use. You may not use, reproduce or distribute all or any portion of this Website publicly or for any commercial purpose, and you may not modify any of the content of this Website.
The trademarks, trade dress, logos, and services marks displayed on this Website are the registered and unregistered trademarks of E.T. Browne, our affiliates, partners or licensors, in Canada, the United States and other countries, and are protected by Canadian, United States and International trademark laws. There may be other trademarks displayed on this Website that are owned by unaffiliated trademark owners. Other than as may be described on our Website no association, affiliation or sponsorship relationship between E.T. Browne and any such third party is either intended or implied by the presence of these third party trademarks on our Website.
During your use of the Website, you may have opportunities to take advantage of various Enhanced Services, including the ability to upload content, post messages and communicate with other users. You grant E.T. Browne a perpetual, non-exclusive, royalty-free license to use, reproduce, modify, translate, transmit, create derivative works from, distribute, and sub-license any information or material you post or communicate to or through the site, including any discussion area postings, e-mails, or blog comments, in any medium now in existence or hereafter developed, for any purpose, including commercial and promotional purposes. You agree that E.T. Browne may use your name, image, comments, photographs or any other material posted to or communicated through the Website to promote E.T. Browne's products without your prior approval, and without any compensation to you and you hereby waive any right or claim relating to said use of your name, image or content.
No Warranties or Representations
E.T. Browne does not warrant that the product descriptions or any other content on this Website is accurate, complete, reliable, current, or error-free, or that access to the site will be uninterrupted or secure. To the fullest extent permissible pursuant to applicable law, E.T. Browne disclaims all warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, title and non-infringement. E.T. Browne is not responsible for any direct, indirect, incidental, consequential, special, punitive or other damages, whether arising out of contract, negligence or strict liability, in connection with the Website, the Website content, or the products promoted or sold on the Website, even if advised of the possibility of such damages.
E.T. Browne does not endorse, support, sanction, encourage, verify or agree with the comments, opinions, or statements posted by users of the Website in any discussion area, blog or elsewhere on the site. Any comments or other material posted by users on the Website express the views of, and are the responsibility of, those users and do not necessarily represent the view of E. T. Browne.
Linking
Individual non-commercial users may create a hyperlink to the home page of this Website for personal, non-commercial use only. A website that links to our Website may not (i) create a frame or any other browser or border environment around the content of this site; (ii) imply that we are endorsing or are affiliated with such a site or its services or products; (iii) replicate the content of our Website; (iv) contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) portray our products or services in a false, misleading, derogatory or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) link to any page of the Website other than the home page or (vii) otherwise violate any applicable law or regulation. We may in our sole discretion, require that you remove any link to this Website.
For the convenience of users, this Website may contain links to other websites that are owned and operated by other unrelated parties. We have no control over or responsibility or liability for the content of these websites, or for the policies or practices of their owners or operators. Links do not imply that E.T. Browne sponsors, endorses, is affiliated or associated with any such websites.
Member Account, Password and Security
In order to use our Enhanced Services, you must register with this Website and select a password and user name. For security reasons your password must not be disclosed to any other person. You are responsible for maintaining the confidentiality of the password, and you are fully responsible for all activities that occur under your password and user name. You agree to: (a) immediately notify E.T. Browne of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. E.T. Browne cannot and will not be liable for any loss or damage arising from your failure to comply with this provision of the Terms.
User Conduct
You are responsible for your use of this Website and for your conduct while on the site, including use of any Enhanced Services offered through this Website including any chat room, blog or other feature. While using this Website and any Enhanced Services, you agree not to use any language that is obscene, indecent or offensive in any postings, e-mails, blog comments, or discussions. You also agree not to place any material that is false, defamatory, abusive, threatening, or that constitutes harassment. The same requirements apply to any photographs or other graphic works (drawings, etc.) you post. Breach of these obligations may result in termination of your access to the Website and access to any Enhanced Services.
Users are prohibited from placing on the Website any material that is encrypted, and from using any robot, spider, or other automatic device or manual process to monitor or copy any content from, or interfere with the proper operation of the Website or the Enhanced Services. Users may not use the Website or the Enhanced Services to create or send any commercial email, junk mail or unauthorized advertising. Furthermore, users may not engage in conduct that interferes with any other user’s use or enjoyment of the Website, invades another’s privacy, encourages actions that would be considered a criminal offense or gives rise to civil liability, or that otherwise violates any applicable law or regulation. You may not interfere in any way with E.T. Browne’s servers. You agree to use this site solely for lawful purposes and you acknowledge that your failure to do so may result in termination of your access to the site and may subject you to civil and criminal liability.
Copyright Complaint Policy
E.T. Browne expects the users of this Website to respect the copyrights of others. It is a violation of these Terms for a user to post material that infringes the copyrights of others. As well, you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Website.
E.T. Browne may, under appropriate circumstances and in accordance with these Terms, terminate the accounts of users who post material that E.T. Browne has reason to believe infringes on the copyrights of others.
In accordance with the Digital Millennium Copyright Act (“DMCA”) 17 U.S.C. § 512 of the United States of America , E.T. Browne has appointed a Designated Agent to receive notification of claimed copyright infringement. If you believe that material on the Website infringes a copyright, you may provide written notice to our Designated Agent containing the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please provide all of the information listed above, or we may not able to process your complaint.
Send your notification of claimed infringement to E.T. Browne’s Designated Agent for copyright complaints as follows:
Please note that any information provided under this Complaint Policy, including the original notification and any responses to it, may be shared with others as deemed by E.T. Browne necessary or appropriate to process your notification. This may constitute an exception to our Privacy Policy.
Violations of Terms of Use
E.T. Browne may, at its discretion, terminate the access of any user who violates the conditions stated in these Terms, including but not limited to, the posting of prohibited content, conducting any activity while on the site that violates any law or legal obligation of the user, interfering with E.T. Browne’s server, violating any copyright or other right of any third party.
E.T. Browne reserves the right to review, edit, move, or delete any material posted by users on the site, in its sole discretion, that violates these Terms, including, but not limited to, language that is obscene, offensive, threatening, abusive, harassing, that incites criminal activity, that consists of unauthorized advertising, or that violates any copyright, trademark or other right of any third party. E.T. Browne may, but is not required to, restrict or remove submitted photos that it deems inappropriate.
Privacy of Posted Material
Postings to discussion areas and blogs are not private. All content submissions to such areas on the Website are made at the risk of the person making the submission. Any information you include in a message you post to any message board, discussion group, or other public posting area on the Website is available to anyone with internet access. Please take any necessary precautions to protect your personal information. For example, if you do not want people to know your name or e-mail address, make sure not to include that information in any message you post publicly.
Additional General Terms
Entire Agreement.
The Terms constitute the entire agreement between you and E.T. Browne and govern your use of the service and the Website, superseding any prior agreements between you and E.T. Browne. You also may be subject to additional terms and conditions that may apply when you use or purchase goods or services from this Website or from third parties through this Website.
Choice of Law and Forum.
The Terms and the relationship between you and E.T. Browne shall be governed by the laws of the province of Ontario and Canada, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario and waive any venue or inconvenient forum objections to such courts.
Waiver and Severability of Terms.
The failure of E.T. Browne to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is/are found by a court of competent jurisdiction to be invalid, you and E.T. Browne each agree that the court should endeavor to give effect to our intentions as reflected in the relevant provision, and that the other provisions of the Terms should remain in full force and effect.
Canada Users
We make this website available to users in Canada. If you access the website from outside Canada. you do so on your own initiative and are responsible for compliance with local laws.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL E.T. BROWNE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT E.T. BROWNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE WEBSITES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATED TO THE WEBSITE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
RELEASE
You hereby release E.T. Browne and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Website, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Website or any E.T. Browne goods or services.
PRIVACY & DATA SECURITY POLICY
Your privacy and security are important to us! We always endeavor to make this Website secure and we strive to ensure your confidence in the security of your activities on our Website. Please read through our Terms and be sure you are comfortable with how we collect, use, and may share your information. In general, except as provided elsewhere in the Terms, or as specifically detailed in this Privacy and Data Security Policy, we do not sell or transfer your personal information to third parties without telling you. If you ever have a question or concern about the confidentiality or security about your information, please contact us at [email protected] or toll-free at 1-877-PALMERS (725-6377).
Children’s Privacy.
This Website is not intended for children under the age of 13. We never collect or maintain information at the Website from persons we know to be under age 13, and no part of our Website is designed to attract anyone under age 13. We encourage parents to talk to their children about their use of the Internet and information they disclose to websites.
What Information We Collect From You:
General Information Received From You.
We receive and store information you enter on this Website or that you give us in other ways. This includes information that can identify you, including your first and last name, telephone number, postal and e-mail addresses, and, billing information (such as credit card number, cardholder name, and expiration date) (such information that may identify you shall be referred to from this point on as “Personally Identifiable Information”). You can choose not to provide information to us, but in general some information about you is required in order for you to purchase products from us through this Website.
Automatic Information.
We automatically collect some information about your computer when you visit our Website. For example, we will collect your IP address, web browser software (such as Internet Explorer or Mozilla Firefox), and referring website. We also may collect information about your online activity, such as products you have viewed and purchases made. One of our goals in collecting this automatic information is to help customize your user experience.
Cookies and Other Web Technologies.
When you visit this Website we may assign your computer a “cookie” (a small, unique identifier text file). You can always choose not to receive a cookie file by enabling your web browser to refuse cookies or to prompt you before accepting a cookie. Please note that, if you refuse to accept cookies from this Website, you may not be able to access some or all of the services offered via this Website. E.T. Browne does not use cookies to collect or retain Personally Identifiable Information about you.
How We Use Your Information:
To Facilitate Billing and Order Fulfillment.
E.T. Browne uses information you provide, including your Personally Identifiable Information (in particular your billing information such as cardholder name, credit card number, etc.) for the purpose of completing your purchases through this Website, or, if you request, to send you information about our products. As further described below (see With Whom We Share Your Information), we do not share your information with others except to fulfill your orders, at which time we will share your shipping and billing information with vendors and shippers who will use your information just to fulfill your orders through this Website, and for no other purpose.
To Communicate With You About Your Account and Our Services.
We use other information about you for the following general purposes: to manage your account, including processing bills and providing shipping notifications to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, and our Website, to solicit information from you, to resolve disputes, collect fees, or troubleshoot problems, to prevent potentially prohibited or illegal activities, to enforce our Terms, and as otherwise described to you at the point of collection of your information.
To Communicate Special Offers/Promotions.
We also would like to notify you about special offers and products or services that may be of interest to you. You will have an opportunity to opt in to those communications at the end of these Terms, as you use this Website and when you register as a Registered User, and you can always opt out of receiving our promotional communications later by selecting the option to opt out of further communications in replying to our emails to you.
To Monitor and Maintain the Quality of Our Website and Service.
E.T. Browne uses your IP address to help diagnose problems with the Website servers, to administer the Website, to monitor Website usage, and to gather broad demographic information. Your IP address is used to help identify you and to aid in your navigation through the Website as determined by your customization options, if any. E.T. Browne also may aggregate your IP address with other information to create anonymous Website statistics.
With Whom We Share Your Information:
E.T. Browne may share your information with the following entities:
- Shippers that ship the goods you order from our Website. We do not share your email address with shippers or fulfillment houses unless they need it to fulfill your order or communicate with you about an order, and we restrict their use of this information to that purpose.
- Third-party vendors who provide services or function on our behalf in connection with our Website, including, for example, credit card processors, and fraud prevention services. These companies have access to Personally Identifiable Information needed to perform their functions but are not permitted to share or use the information for any other purpose.
We also may share your information:
- In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law.
- When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our Website, our customers, or other users; and in connection with enforcing these Terms.
- In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
- We also may share aggregate or anonymous information with third parties, including advertisers and investors. This information does not contain any Personally Identifiable Information and is used to develop content and services we hope you will find of interest.
Third Parties.
Except as stated in our Terms, E.T. Browne does not sell to third parties information you have submitted to this Website that identifies you personally.
How You Can Access Your Information:
If you need to change any of your information, including your address or billing information, you can contact us at [email protected].
Data Security: How We Protect Your Information:
While no Website can guarantee security, we have implemented administrative, technical, and physical security procedures to help protect the information you provide to us. For example, only authorized employees are permitted to access Personally Identifiable Information, and they only may do so for permitted business functions. In addition, we use industry standard Secure Socket Layer (“SSL”) encryption when collecting and transmitting your sensitive Personally Identifiable Information.
Changes to these Terms and the Privacy and Data Security Policy:
PLEASE NOTE THAT The Terms are subject to change by E.T. BROWNE in its sole discretion at any time. When changes are made, E.T. Browne will make a new copy of the Terms of Use available at the Website. Your use of the Website constitutes your acceptance of such change(s).
Use of the Website is deemed acceptance of the Terms. You can always find the most updated version of these Terms by visiting Terms of Use.
Choice of Language
It is the express wish of the parties that the Terms and all related documents have been drawn up in English. Il est la volonté expresse des parties que les modalités et tous les documents connexes ont été rédigés en anglais.
How You Can Contact Us:
If you have any questions about the Privacy Policy, please contact us at: 1-877-725-6377 or [email protected].