Terms & Conditions

Terms and Conditions

Last Updated: June 5, 2025

1. Acceptance of Terms

Welcome to hightouchpharmacy.com, owned and operated by Hightouch Pharmacy us. These Terms and Conditions govern your access to and use of our Website and all services, content, functionalities, and products offered on or through the Website.

By accessing, Browse, or using our Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Notice of Privacy Practices. If you do not agree to these Terms, you must not access or use our Website or Services.

IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION/JURY TRIAL WAIVER IN SECTION , WHICH REQUIRE ANY DISPUTE BETWEEN YOU AND HIGHTOUCH PHARMACY, SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION. PLEASE READ IT CAREFULLY.

2. Eligibility and Age Restriction

Our Website and Services are intended for use by individuals who are at least eighteen (18) years of age and who reside in the United States, or any other jurisdiction where our Services may be lawfully offered. By using our Website or Services, you represent and warrant that you are of legal age to form a binding contract with Hightouch Pharmacy and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use our Website or Services.

3. No Medical Advice; Professional Responsibility

• Information, Not Advice: The content provided on this Website, including text, graphics, images, and other information, is for informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, pharmacist, or other qualified health provider with any questions you may have regarding a medical condition or prescription medication.
• Pharmacist Consultation: While we provide online services, personal consultation with a licensed pharmacist is crucial for safe and effective medication use. Our online services are designed to complement, not replace, the patient-pharmacist relationship.
• Emergency Situations:IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY. Do not rely on our Website for emergency medical needs.

4. Accounts and Registration

To access certain features of our Services, you may need to register for an account.

• Account Creation: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
• Account Security: You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Hightouch Pharmacy cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
• Account Termination: We reserve the right to suspend or terminate your account at our sole discretion, without notice or liability, for any reason, including if you violate these Terms.

5. Online Prescription Services

• Valid Prescriptions: All prescription orders placed through our Website require a valid prescription from a licensed healthcare provider. We will verify all prescriptions with your prescriber.
• Prescription Processing: By submitting a prescription request through our Website, you authorize Hightouch Pharmacy to contact your prescriber for prescription details and to transfer your prescription to our pharmacy for fulfillment.
• Dispensing: All prescriptions are dispensed by licensed pharmacists in compliance with all applicable state and federal laws, including laws governing controlled substances.
• Refusals: We reserve the right to refuse to fill any prescription that we believe, in our professional judgment, is invalid, unsafe, or not issued for a legitimate medical purpose.
• Delivery: If delivery services are offered, terms regarding delivery fees, delivery times, and required signatures will apply.

6. Product Sales and Pricing

• Product Availability: All products and services displayed on the Website are subject to availability. We reserve the right to limit the quantity of products we supply.
• Pricing: All prices are subject to change without notice. We are not responsible for typographical errors.
• Payment: All payments must be made through our designated secure payment gateway. By providing payment information, you represent and warrant that you are authorized to use the payment method.
• Returns and Refunds: Our return and refund policy for non-prescription items is [link to or describe your return/refund policy]. Prescription medications are generally non-returnable by law once dispensed.

7. User Conduct and Responsibilities

You agree to use our Website and Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Website in any way that violates any applicable federal, state, local, or international law or regulation.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Hightouch Pharmacy or users of the Website or expose them to liability.
• Impersonate or attempt to impersonate Hightouch Pharmacy, a Hightouch Pharmacy employee, another user, or any other person or entity.
• Use the Website to transmit any unauthorized advertising or promotional material, including "junk mail," "chain letter," "spam," or any other similar solicitation.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

8. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Hightouch Pharmacy, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally permitted by standard web Browse functionality.

9. Links to Third-Party Websites

Our Website may contain links to third-party websites or resources. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

10. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HIGHTOUCH PHARMACY SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

HIGHTOUCH PHARMACY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

IN NO EVENT WILL HIGHTOUCH PHARMACY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, BUSINESS, OR DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE.

OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO HIGHTOUCH PHARMACY FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless Hightouch Pharmacy, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms.

13. Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice or conflict of law provision or rule.

14. Dispute Resolution - Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

• Agreement to Arbitrate: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Website or Services (collectively, "Disputes") will be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section.
• Arbitration Location: The arbitration will be conducted in [Specify County, e.g., Westchester County], New York, unless otherwise agreed by the parties.
• Waiver of Class Actions and Jury Trials:YOU AND HIGHTOUCH PHARMACY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Hightouch Pharmacy agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
• Exceptions to Arbitration: Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file suit in a court of law to address an intellectual property infringement claim.

15. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and Notice of Privacy Practices, constitute the sole and entire agreement between you and Hightouch Pharmacy regarding the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

17. Changes to the Terms and Conditions

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

18. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

Hightouch Pharmacy

344 W Grand St,

Elizabeth, NJ 07202

(908) 353-2000

htrxnj@gmail.com