Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS APP or Website.

By using this app or website, you signify your full understanding and agreement to these Terms and Conditions. If you do not agree to all of the Terms and Conditions of use, you will not be able to use the app or website.  If you agree
with the Terms and Conditions of use, you fully understand all the Terms and Conditions.

OTC 123, LLC is the company that owns the Nurse Mel App and Website.  All references to OTC 123, LLC in this Privacy Policy is in regard to the use of the Nurse Mel App and Website.

OTC 123, LLC. may change, modify, or update these Terms and Conditions at any time. Your continued usage of the OTC 123, LLC app or website will mean you accept the changes.

OTC 123, LLC Does Not Provide Medical Advice

OTC 123, LLC is designed to assist a person in choosing an appropriate over-the counter medication for the short-term treatment of cold, flu, allergy, sinus or bronchitis symptoms.  It is not meant to diagnose a medical problem, and should not be used as a substitute for appropriate medical care provided by a licensed healthcare professional.  By using OTC 123, LLC, you agree to follow all over-the counter package labeling and instructions, and to seek the advice of a licensed healthcare professional for any concerning, severe, or ongoing symptoms.  You also agree to seek the advice of a licensed healthcare professional before using any over the counter medication if you suffer from high blood pressure, heart disease, glaucoma, prostate enlargement, kidney or liver problems, take any prescription or over-the-counter medication, are pregnant or breastfeeding, or suffer from any chronic disease.  Young children and women who are pregnant or breastfeeding should not use any over- the-counter medication without the knowledge and approval of a personal licensed healthcare provider.  You also agree to hold OTC 123, LLC, its owners and employees not responsible for any adverse reaction occurring from a medication taken as a result of using this application.   

OTC 123, LLC is intended for informational purposes only.  The entire site and content of the OTC 123, LLC App and website, such as text, graphics, images, information, and other material contained on the OTC 123, LLC are for informational purposes only. The information on the app and website are not intended to be a substitute for professional medical care, advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of the information you have read on the OTC 123, LLC App or website.

If you think you may have a medical emergency, call your doctor or 911 immediately. OTC 123, LLC does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the App or website.  Your reliance on any information provided on this App, website, or through OTC 123, LLC is solely at your own risk.

Products: OTC 123, LLC does not sponsor or endorse any products or owners of the products. The medications are listed in alphabetical order under their specific category, and under the antihistamine category, are further delineated as “Drowsy” or “Non-Drowsy.” They are listed as the name brand first and then the generic equivalent in parentheses. Their order after this is alphabetical according to the name brands and does not indicate preference. OTC123, LLC gives information regarding that the generic product is equivalent to the name brand product.

This app is for people age 18 through 64 only and who are not pregnant or breastfeeding.

You should be aware that this App and website is not intended or designed to be used by persons under the age of 18 or over the age of 64 and it requires the user to agree that he or she is to only use the app if he or she is at least 18 years of age and less than 65 years old.  This App also requires that the person agree that she will not use this app if she is pregnant or breastfeeding.

Description of Allowable Use of Materials

All materials posted on this app and website are the property of OTC 123, LLC.

Title to the materials remains with OTC 123, LLC.  Any use of the materials not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate trademark and other laws.  The
Content and features are subject to change at any time for any reason. Termination can be without notice at the editorial discretion of OTC 123, LLC. All rights not expressly granted herein are reserved to OTC 123, LLC.

If you violate any of these Terms and Conditions, your permission to use the materials automatically terminates and you must immediately destroy any content or information in your possession.

You warrant to OTC 123, LLC that you will not use the app or website in any manner that will destroy, damage, overburden, disable, or impair the app or website or anyone’s use and enjoyment of the app or website.  You may not obtain
or attempt to obtain any content or information from the app or website through any means not intentionally made available by the app or website.

The intellectual property of the app and website are not intended for resale by users and violates the Terms and Conditions of Use.

OTC 123, LLC Disclaimer & Limitations of Liability

The use of the OTC 123, LLC App and website are at your own risk.

OTC 123, LLC is not responsible and assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the app or website.  Any issues relating to
the connection to or ability to access the app and website are not the responsibility of OTC 123, LLC.

The OTC 123, LLC app and website and the content are provided on an “as is” basis.  OTC 123, LLC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

OTC 123, LLC app and website may contain typographical errors that can be corrected at any time without notice.  OTC 123, LLC makes no representations or warranties about the accuracy, reliability, completeness, speed, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the OTC 123, LLC app or website.

In no event shall OTC 123, LLC be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the OTC 123, LLC Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not OTC 123, LLC are advised of the possibility of such damages. OTC 123, LLC shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100.  OTC 123, LLC is not liable for any personal injury, including death, caused by your use or misuse of the app or website.. Any claims arising in connection with your use of the app or website must be brought within 6 months of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User Information

Any personal information you provide to

OTC 123, LLC is governed by the
OTC 123, LLC Privacy Policy.

Indemnity

You agree to defend, indemnify, and hold OTC 123, LLC, and its owners and employees harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions of Use.

General

OTC 123, LLC is based in North Carolina, in the United States of America with principal offices in North Carolina.

Access Restriction, Termination, and Jurisdiction

OTC 123, LLC reserves the right to limit or terminate access to whole or partial app and website at any time without prior notice.

For any dispute with OTC 123, LLC, or in any way relating to your use of the OTC 123, LLC app or website, you expressly agree that exclusive jurisdiction resides in the courts of the State of North Carolina and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of North Carolina in connection with any such dispute including any claim involving OTC 123, LLC, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Any app or website copyright infringements

If you find that any materials accessible on or from the app or website infringe upon your copyright, you may request removal of those materials from the app or website by contacting OTC 123, LLC and providing the following information:

  1. Your name, address, telephone number and e-mail address.
  2. Identification of the copyrighted work including URL
  3. Identification of the material that you think to be infringing and its location.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright
    owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you
    are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

For copyright issues relating to the app or website, please contact:

OTC 123, LLC

 

Complete Agreement

Unless otherwise expressed herein, this agreement constitutes the entire agreement between OTC 123, LLC and the user with respect to the app and website and supersedes all prior agreements.

OTC 123, LLC reserves the right, at its sole discretion to modify, update, or change, the Terms and Conditions of Use at any time.  OTC 123, LLC encourages users to periodically review the Terms and Conditions of Use for any changes. The most current version of the Terms and Conditions will supersede all prior versions.