Terms
Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and VSmart Pharma Solutions regarding your access to and use of vsmart-solutions.com and any related content, features, or services (collectively, the "Services"). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Services.
These Terms are supplemented by any additional guidelines, policies, or rules posted on the Services, including our privacy practices as described in our Privacy Policy. In the event of a conflict, these Terms control to the extent permitted by law.
About VSmart Pharma Solutions
The Services are provided by VSmart Pharma Solutions, owned and operated by Kalisha Nurse-Dash (the "Owner"). Postal address: 2525 El Camino Real, Carlsbad, CA 92008, USA. Contact email: [email protected].
The Services deliver informational resources about medications, diseases, and dietary supplements. The Services are not a pharmacy, telemedicine provider, medical practice, or insurance provider, and do not dispense or prescribe medications.
Eligibility and Geographic Scope
The Services are intended for individuals located in the United States. Accessing the Services from jurisdictions where the content or use is unlawful is prohibited. You are responsible for compliance with local laws.
The Services are not directed to children under 13. If you are between 13 and 18 (or the age of majority in your jurisdiction), you may use the Services only with the consent of a parent or legal guardian. We do not knowingly collect personal information from children under 13.
No Medical Advice; No Provider-Patient Relationship
All content on the Services is provided for general informational and educational purposes only and is not, and should not be construed as, medical or professional advice, diagnosis, or treatment. The Services do not create a physician–patient, pharmacist–patient, or other professional relationship between you and VSmart Pharma Solutions or the Owner.
Always seek the advice of your physician, pharmacist, or other qualified health provider with any questions regarding a medical condition, medication, or treatment before starting, changing, or discontinuing any course of care. Never disregard professional medical advice or delay seeking it because of something you read on the Services.
Emergency and Safety
In case of a medical emergency, call your local emergency number immediately. The Services are not designed for emergency communications or crisis intervention and should not be used for urgent or life-threatening situations.
Regulatory and Drug Information Disclosures
Drug, supplement, and disease information provided may not cover all possible uses, directions, precautions, warnings, interactions, adverse effects, or risks. Content may be based on publicly available sources, expert curation, or third-party databases and may not reflect the most recent research or regulatory updates.
Always consult the FDA-approved labeling, package inserts, and authoritative clinical resources for the most current and complete information. VSmart Pharma Solutions does not endorse any specific drug, product, test, physician, procedure, or opinion mentioned on the Services.
User Accounts and Security
The Services may allow or require account creation. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us promptly of any unauthorized use or security breach.
We reserve the right to refuse, suspend, or terminate accounts or access to the Services at our discretion and in accordance with these Terms.
Permitted Use and Prohibited Conduct
You may use the Services solely for lawful, personal, non-commercial purposes or for internal professional reference. You agree not to:
- Use the Services in any manner that violates applicable law or regulations.
- Rely on the Services as a substitute for professional judgment or for clinical decision-making without appropriate verification.
- Scrape, crawl, index, harvest, or use automated means to access the Services without written permission.
- Decompile, reverse engineer, or attempt to derive the source code of any portion of the Services.
- Introduce viruses, malware, or other harmful code, or interfere with the security or operation of the Services.
- Upload or transmit content that is unlawful, misleading, defamatory, obscene, infringing, or otherwise objectionable.
- Use the Services to advertise or promote products or services without our prior written consent.
- Misrepresent your identity or affiliation or impersonate another person or entity.
Intellectual Property Rights
All content and materials on the Services, including text, compilations, graphics, user interfaces, visual interfaces, logos, trademarks, and service marks (collectively, "Content"), are owned by or licensed to VSmart Pharma Solutions and are protected by U.S. and international intellectual property laws.
Except as expressly permitted, you may not copy, reproduce, modify, adapt, translate, create derivative works of, distribute, transmit, display, perform, or otherwise exploit the Content without our prior written consent. You may make a reasonable number of copies of publicly available pages for personal or internal professional use, provided you retain all proprietary notices and do not modify the Content.
User Content and Feedback
If you submit, upload, or provide any content, feedback, suggestions, or materials ("User Content"), you grant VSmart Pharma Solutions a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with operating, improving, and promoting the Services.
You represent and warrant that you have all rights necessary to grant the foregoing license and that your User Content does not infringe or violate any third-party rights or applicable laws. We may remove or refuse to display User Content at our discretion.
Third-Party Content and Links
The Services may reference or incorporate information from third parties or link to third-party sites or services. We do not control, endorse, or assume responsibility for third-party content or services. Your use of third-party resources is at your own risk and subject to the third parties’ terms and policies.
Privacy and Data Practices
Your use of the Services may involve the collection and processing of certain information. We endeavor to handle information in accordance with our privacy practices as described in our Privacy Policy. Do not submit protected health information (PHI) through the Services unless we expressly request it and provide a secure method for doing so.
We may communicate with you electronically (e.g., via email) regarding your use of the Services, updates, and legal notices.
Electronic Communications and Consent to Notices
By using the Services, you consent to receive communications from us electronically, including emails, in-Service notices, and postings. Such communications satisfy any legal requirement that communications be in writing. You agree to keep your contact information current so that we can reach you.
Disclaimers of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICES AND RELIANCE ON ANY CONTENT IS AT YOUR SOLE RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VSMART PHARMA SOLUTIONS, THE OWNER, OR THEIR AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF VSMART PHARMA SOLUTIONS AND THE OWNER FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100) OR THE AMOUNT YOU PAID (IF ANY) TO USE THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, WHICHEVER IS GREATER.
Some jurisdictions do not allow certain limitations of liability; in such cases, the above limitations apply to the fullest extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold harmless VSmart Pharma Solutions, the Owner, and their affiliates, officers, directors, employees, and agents from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services or Content; (b) your violation of these Terms; (c) your infringement or violation of any intellectual property, privacy, or other rights of any person; or (d) your User Content.
Changes to the Services and Terms
We may modify, suspend, or discontinue any part of the Services at any time without notice. We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you (e.g., by posting an updated version with a revised “Last Updated” date). Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.
Suspension and Termination
We may suspend or terminate your access to the Services at any time, with or without cause, including for any violation of these Terms, suspected fraudulent or illegal activity, or to protect the security, integrity, or operation of the Services. Upon termination, the rights granted to you will immediately cease. Sections that by their nature should survive will survive termination, including but not limited to Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution.
Copyright Infringement (DMCA)
We respect intellectual property rights and will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been used on the Services in a way that constitutes infringement, please submit a written notice including: (1) a physical or electronic signature of the copyright owner or authorized agent; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (4) your contact information; (5) a statement that you have a good-faith belief that the disputed use is not authorized; and (6) a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
Send DMCA notices to: VSmart Pharma Solutions, Attn: DMCA Agent, 2525 El Camino Real, Carlsbad, CA 92008, USA; Email: [email protected]. We may remove or disable access to allegedly infringing material and may terminate repeat infringers.
Export and Sanctions Compliance
You represent that you are not located in, under the control of, or a national or resident of any country or territory subject to U.S. embargo or sanctions, and that you are not a person on any U.S. government restricted parties list. You agree to comply with all applicable U.S. export control and sanctions laws in connection with your use of the Services.
Governing Law and Dispute Resolution
Governing Law
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of California and the United States, without regard to conflict of law principles.
Binding Arbitration; Class Action Waiver
Except as expressly provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by a recognized arbitration provider under the Federal Arbitration Act. The arbitration shall take place in San Diego County, California, or by video/teleconference where available. You and VSmart Pharma Solutions waive the right to a jury trial and to participate in a class, consolidated, or representative action.
Either party may bring an individual action in small claims court or seek injunctive or other equitable relief in a court of competent jurisdiction for intellectual property or data security matters. If the class action waiver is found unenforceable, the entire arbitration agreement shall be void, and disputes will proceed in court.
Arbitration Opt-Out
You may opt out of the arbitration requirement within 30 days of first accepting these Terms by sending a written notice with your name, contact information, and a clear statement of your desire to opt out to: 2525 El Camino Real, Carlsbad, CA 92008, USA or via email to [email protected] with the subject line “Arbitration Opt-Out.”
Beta Features and Accuracy
From time to time, we may make beta or experimental features available. Such features are provided “as is,” may be modified or discontinued at any time, and may contain errors or inaccuracies. You assume all risks associated with their use.
California Notice
If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 to resolve a complaint regarding the Services or to receive further information regarding use of the Services. This notice is provided pursuant to California Civil Code Section 1789.3.
Miscellaneous
These Terms constitute the entire agreement between you and VSmart Pharma Solutions regarding the Services and supersede all prior or contemporaneous agreements on the same subject matter. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. You may not assign or transfer these Terms without our prior written consent; we may assign or transfer these Terms without restriction. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms or your use of the Services.
Contact Information
Questions or notices regarding these Terms may be sent to: VSmart Pharma Solutions, Attn: Terms of Service, 2525 El Camino Real, Carlsbad, CA 92008, USA; Email: [email protected].