Terms and Conditions

Last updated: January 02, 2024

Effective Date: January 1, 2023  

Welcome to this website made available by VFP Pharmacy Group (“VFP”, “us”, or  “our”). Your access to and use of this website is subject to the following Terms of Use.  Please read these Terms of Use carefully before accessing or using this website, so that  you fully understand your rights and responsibilities. Please print a copy of these Terms  of Use for your reference.  

IF YOU DO NOT AGREE TO THE FOLLOWING TERMS OF USE, DO NOT  ACCESS, OR USE THIS WEBSITE, AND INSTEAD CONTACT VFP IN  WRITING OR VIA TELEPHONE AS SET FORTH BELOW.  

VFP reserves the right to modify or amend these Terms of Use at any time. Material  changes will be posted conspicuously on this website. All changes will be effective  immediately upon their posting on this website. By accessing the website following  posting of changes to the Terms of Use, you agree to all such changes.  

  1. SITE INFORMATION  

VFP does not provide medical services and does not offer health care insurance. Our  website includes information related to the services provided by VFP, including but not  limited to, educational resources, information regarding insurance coverage and  financing, and the VFP Patient Care Program. These services are specifically intended to  provide medications, service, and care to patients undergoing fertility treatments.  

While this website is intended to facilitate consumers’ access to our Programs, use of this  website or any of VFP’s services or programs does not in any way guarantee that  medications or services provided by VFP for fertility will be successful in enabling  patients to reach their personal family goals.  

Information displayed on this website is subject to modification without notice. VFP  reserves the right to modify such information without any obligation to notify past,  current, or prospective website users. Some services may not be available in certain  areas. VFP makes no representations that the materials on this website are appropriate or  available for use in any particular state or other countries besides the United States.  Those who do access this website are solely responsible for compliance with the laws of  the state or country in which they reside.  

 All offers set forth on this website are void where prohibited and are subject to the  posting of any official rules pertaining to such offers. 

  1. INTELLECTUAL PROPERTY RIGHTS  

Copyright VFP Pharmacy Group 2023. All rights reserved.  

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design,  selection, and arrangement of content in any medium on this website are copyrighted by  VFP, unless otherwise noted. The distinctive and original layout and presentation of this  website also constitutes protectable trade dress under applicable federal law. In addition,  

many proprietary names and marks belonging to VFP appear throughout this website.  This website may also contain references to third-party marks, and copies of third-party  copyrighted materials, which are the property of their respective owners. Any  unauthorized use of any trade dress, marks, or any other intellectual property belonging  to VFP, or any third party is strictly prohibited, and will be prosecuted to the fullest  extent of the law.  

  1. USE OF THIS SITE  

If you comply with these Terms of Use, you are authorized to access, use, and make a  single copy of information and resources on our website only for the purposes of  communicating with us, or learning more about VFP, our services, or reviewing our  educational materials for your internal use, provided you do not delete or modify any  copyright, trademark, or other proprietary notices. You may not otherwise use, copy,  modify, distribute, mirror, republish or transmit any of the content or materials of this  website without the prior written consent of VFP.  

  1. NO LIABILITY  

IN NO EVENT SHALL VFP OR ANY OF ITS OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES  WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY  RELATED TO THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY LINKED WEBSITE  OR TO ANY MATERIAL, INFORMATION, DATA, PRODUCTS, OR SERVICES OBTAINED  THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THIS  WEBSITE, YOUR INABILITY TO USE THIS WEBSITE OR ANY DECISION MADE OR ACTION  TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED  ON THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VFP HAS BEEN ADVISED OF  THE POSSIBILITY OF SUCH DAMAGES.  

IN THE EVENT YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE  REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE. WITHOUT  LIMITING THE FOREGOING, IN NO EVENT WILL VFP OR ANY OF ITS OFFICERS,

REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS’ LIABILITY  TO YOU ARISING OUT OF OR IN CONNECTION WITH WEBSITE OR YOUR ACCESS TO OR  USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE EXCEED $100 U.S.D. THE  FOREGOING LIMITATIONS APPLY, EVEN IF ANY STATED REMEDY PROVIDED FAILS OF  ITS ESSENTIAL PURPOSE. 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR  CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS  MAY NOT APPLY TO YOU.  

  1. NO WARRANTY  

VFP makes all commercially reasonable efforts to ensure that all material, information,  and data on this website is accurate and reliable; however, accuracy cannot be  guaranteed. THIS WEBSITE IS PROVIDED BY VFP ON AN “AS IS” BASIS. VFP DISCLAIMS  ALL WARRANTIES WITH RESPECT TO THIS WEBSITE, INCLUDING WITHOUT LIMITATION  ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE, TITLE AND NON–INFRINGEMENT. VFP MAKES NO WARRANTY OR  REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF  THIS WEBSITE, OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR  OTHERWISE OBTAINED FROM THIS WEBSITE, OR REGARDING THE ACCURACY OR  RELIABILITY OF ANY INFORMATION OBTAINED FROM THIS WEBSITE. VFP DOES NOT  WARRANT OR GUARANTEE (1) THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THIS WEBSITE OR ANY MATERIAL, INFORMATION OR  DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THIS WEBSITE OR  (2) THAT USE OF THIS WEBSITE OR ANY MATERIALS ON THIS WEBSITE WILL MEET ANY  USERS REQUIREMENT BY UNINTERRUPTED, TIMELY, SECURE OR ERROR–FREE. VFP HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO  STORE ANY USER COMMUNICATION.  

YOU ACKNOWLEDGE AND AGREE (1) THAT YOUR USE OF THIS WEBSITE, AND ANY  MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH  THE USE OF THIS WEBSITE, IS AT YOUR OWN DISCRETION AND RISK, AND (2) THAT YOU ARE  SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA  AND OTHER DAMAGE THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA. VFP DOES NOT WARRANT OR GUARANTEE THAT FILES OR OTHER  MATERIALS AND INFORMATION AVAILABLE THROUGH THIS WEBSITE WILL BE FREE OF  INFECTIONS, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT COULD BE  HARMFUL TO YOUR COMPUTER SYSTEM.  

No advice or information, whether oral or written, obtained by you from VFP or in any  manner from this website shall create any warranty. 

  1. THIRD-PARTY WEBSITES  

This website may link to, or be linked to, other websites not maintained by or related to  VFP. Such links are provided only as a service to our visitors. VFP is not, directly, or  indirectly, implying any approval, association, sponsorship, endorsement, or affiliation  

with the linked or linking website, unless specifically stated on this website. VFP has not  reviewed all such websites and is not responsible for the content, accuracy, or policies of  any such websites. You link to any other pages or websites at your own risk, and your  use of such websites will be controlled by the terms of use posted on that site. You  should review the terms of use of any website to which you navigate.  

If you operate another website and are interested in linking to our website, you agree to  be bound by the following rules: (1) the link must be a text-only link clearly marked;  (2) the link must “point” to the URL “www.VFPpharmacygroup.com” and not to any  other pages; (3) the link, and use thereof, must be in connection with a website of  appropriate subject matter which furthers the mission of VFP ; (4) the link, and use  thereof, may not be such that may damage or dilute the goodwill associated with VFP ’s  names and marks; (5) the link, and use thereof, may not create the false appearance that  an entity other than VFP is associated with or sponsored by VFP; (6) the link, when  activated by a user, must display this site full-screen and not with a “frame” on the linked  website; and (7) VFP reserves the right to revoke consent to the link at any time in its  sole discretion, either by amending these Terms of Use or through other notice.  

  1. PRIVACY POLICY  

Your access and use of this website is subject to the terms of the VFP Privacy Notice,  which are incorporated into these Terms of Use by this reference.  

  1. INDEMNIFICATION  

You agree to indemnify, defend and hold harmless VFP, its officers, representatives,  directors, employees, consultants and agents from any and all losses, expenses, third party claims, liabilities, damages and costs (including without limitation attorneys’ fees)  arising from or related to your use of this website, your use of any material, information  or data downloaded or otherwise obtained from this website, or your violation of these  Terms of Use, including without limitation, your infringement of any intellectual  property or other right of VFP or any other person or entity.  

  1. INTERPRETATION AND DISPUTES  

These Terms of Use are governed by the laws of the United States and the State of  Massachusetts without regard to any conflict of laws provisions. Venue shall be proper  exclusively in Middlesex County, Massachusetts with respect to any dispute arising under  these Terms of Use, unless otherwise specifically agreed by VFP in its sole discretion. In 

the event of any dispute, the prevailing party shall be entitled to recovery of its  reasonable attorneys’ fees and costs. If any provision of these Terms of Use is deemed  unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify  such provision to the minimum extent necessary to make such provision enforceable and  valid. Should such modification prove impossible or impracticable then the provision  shall be severed, and the remaining terms of these Terms of Use shall be interpreted and  read to give them maximum enforceability. Any cause of action or claim with respect to  this website must be commenced within one (1) year after the action or claim arises.  

  1. ENTIRE AGREEMENT  

By your access or use of this website, you hereby agree to these Terms of Use. These  Terms of Use constitute the entire agreement between you and VFP with respect to your  access and use of this website and supersede all prior or contemporaneous understandings  or agreements, written or oral, regarding such subject matter. Any waiver of any  provision of these Terms of Use will be effective only if in writing and signed by VFP.  These Terms of Use will inure to the benefit of VFP’ successors and assigns.  

10.ELECTRONIC COMMUNICATIONS  

You acknowledge that these Terms of Use are a valid and binding agreement. To the  fullest extent permitted by law, you agree that these Terms of Use and any other  documentation, agreements, notices, or communications between you and VFP may be  provided to you electronically. Please print a copy of all such documentation,  agreements, notices, or other communications for your reference.  

11.CONTACTING US  

If you have any other questions or concerns regarding these Terms of Use, please contact  us at:  

VFP Pharmacy Group  

Attn: Compliance Department  

335 Bear Hill Road, Suite 1, Waltham, MA 02451  

Email: Privacy@villagepharmacy.com 

Fax: 877-334-1602