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KINNEY DRUGS TERMS OF SERVICE

 

Last Updated: May 12, 2026

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION:

THESE TERMS OF SERVICE ("TERMS") CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE READ THEM CAREFULLY AS THEY MAY AFFECT YOUR LEGAL RIGHTS.

  1. Introduction

Welcome! These Terms govern your access to, and use of, certain products and services offered by KPH Healthcare Services, Inc., doing business under the name of Kinney Drugs ("Kinney Drugs," "we," "us," or "our"), whether you access them as a guest or as a registered user.

Please read these Terms carefully, as they affect your legal rights and obligations.

By clicking to accept these Terms when presented, creating an Account, or otherwise affirmatively indicating your acceptance, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms and the applicable privacy notices. If you do not agree, you must not access or use the Services.

Certain Services may be subject to additional terms, conditions, and disclosures presented at the time of enrollment or use ("Program Terms").

If you participate in the Kinney Drugs Thrive Rewards Program, your participation is also governed by the Kinney Drugs Thrive Rewards Program Terms and Conditions.  If you access or use the Pharmacy Portal, your use is governed by Section 12 of these Terms.

To the extent there is any conflict between these Terms and the Program Terms, the Program Terms will control with respect to the applicable program or service.

  1. Definitions

For purposes of these Terms, the following definitions apply:

• "Services" means the Kinney Drugs website located at www.kinneydrugs.com  (the "Kinney Drugs Website"), the Kinney Drugs mobile application(s) (the "Kinney Drugs App"), and any products, services, features, tools, content, or functionality made available through or in connection with them, whether now existing or later developed.

• "Account" means a Kinney Drugs user account created by you to access certain Services or features of the Services.

 

• "Third‑Party Services" means any websites, applications, services, tools, content, or resources provided by third parties that are made available, linked to, integrated with, or accessible through the Services.

  1. Who May Use the Services.

You must be at least 18 years old, or the age of majority in your state of residence, to use the Services. By using the Services, you confirm that you meet this requirement. If we learn that an individual under the required age has created an Account or is using the Services, we reserve the right to terminate that Account and delete any associated information.

  1. No Medical Advice - Informational Purposes Only

Information presented on or through the Services is provided solely for general informational purposes and does not constitute medical advice. It is not a substitute for professional advice from a licensed pharmacist, physician, or other qualified healthcare professional. Always consult a qualified healthcare provider with any questions regarding medications or medical conditions. Before administering or using any device, drug, herb, vitamin, or supplement discussed on the Services, you should review product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications.

We do not warrant and are not responsible for the accuracy, completeness, or usefulness of any information made available through the Services.

The Services are not intended for use in medical emergencies. If you believe you are experiencing a medical emergency, call 911 or contact a healthcare professional immediately.

  1. Accounts.
    1. Account Creation.

To access certain Services via the Kinney Drugs Website and the Kinney Drugs App, you will be required to create an Account using your email address and password. You may create an Account that may allow you to access multiple Services. Certain Services may be governed by Program Terms that you must affirmatively accept before using those Services. Account creation requires a valid email address and completion of our registration process, which may include email verification, setting security questions, and enrolling in multi-factor authentication ("MFA"). You may be required to verify your identity through MFA each time you log in to the Services. Information we collect during any Account registration will be used in accordance with our Privacy Policy.

If you already have a Kinney Drugs tHRiVe Rewards account, you may use those login credentials to access the Services, including the Pharmacy Portal, without creating separate login credentials. Your use of the Services remains subject to these Terms, and your Account preferences and settings for the Services may differ from those associated with your tHRiVe Rewards account.

You are solely responsible for ensuring that any data or information you provide Kinney Drugs in the creation of your Account or while using your Account is accurate, current, and complete, and that you have the legal right to provide such information to Kinney Drugs. You are fully responsible for maintaining the confidentiality of the password and username for your Account and for all activities that occur under your Account using your login credentials.

You agree to (a) provide accurate and current information and promptly update your Account information if it changes; (b) safeguard your username, password, and any other authentication credentials and keep them confidential; and (c) immediately notify us using the contact information set forth in Section 24, if you suspect unauthorized access to, or use of, your Account.

You acknowledge and agree that Kinney Drugs is authorized to act on instructions received through your Account, including any purchases made through your Account, requests for prescriptions, and any other communications. We may, in our discretion, deny access or block any transaction made through your Account without prior notice if we believe the security of your Account or login credentials has been compromised.

For security purposes, passwords must be non-obvious, hard-to-guess, and confidential, and you must log out at the end of each session. Kinney Drugs may cancel or suspend your Account at any time without any prior notice or liability to you or any other person. Kinney Drugs is not under any obligation to verify the actual identity or authority of the user of any username or password.

  1. Termination, Suspension, and Deactivation by Kinney Drugs.

We reserve the right to terminate or deactivate your Account if it remains inactive for an extended period of time, as determined in our sole discretion. If your Account is terminated due to inactivity, you may be required to create a new Account to access certain Services. We will attempt to notify you prior to termination using the contact information associated with your Account. We may also suspend, restrict, or terminate your Account or access to any Services when we reasonably believe it is necessary to: (i) protect you, other users, or any of the Services; (ii) address security, fraud, or technical issues; (iii) comply with law, regulation, court order, or lawful governmental request; or (iv) enforce these Terms, or any service-specific terms. We may take these actions with or without notice where notice is impracticable, would compromise security, or is prohibited by law.

  1. Deactivation or Deletion by You.

You may request to deactivate or delete your Account at any time by contacting us using the information in Section 24 or, where available, through Account settings. Upon Account deletion, your access to certain Services and associated data will be terminated. Kinney Drugs may retain certain information as required by law, for legitimate business purposes, or as otherwise described in our Privacy Policy.

 

  1. Permitted Use

Subject to your compliance with these Terms, you may use the Services for personal, non-commercial purposes, including:

The foregoing list is illustrative and not exhaustive.

  1. Use Restrictions

To protect the Services, our users, and our business, you agree not to:

We reserve the right to take any action we deem necessary to address violations of these Use Restrictions, including suspending or terminating your access to the Services, disabling your Account credentials, reporting conduct to law enforcement, and pursuing any other remedies available at law or in equity.

  1. Access to Services and Availability
    1. Access

We reserve the right to withdraw, modify, suspend, or discontinue all or any part of the Services, including any content, features, or functionality, in our sole discretion and without notice, whether temporarily or permanently. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Services, including access by registered users.

  1. Updates and Modifications

We may develop and deploy patches, bug fixes, updates, upgrades, or other modifications to improve the Services (collectively, “Updates”). Updates may be applied automatically and without prior notice. These Terms apply to all Updates unless accompanied by separate terms. We are not responsible for any reduced functionality resulting from your failure to accept or install Updates where user action is required.

We may discontinue support for any Service or feature at any time, and we will not be liable for any resulting unavailability.

  1. Third‑Party Services

The Services may contain or provide access to Third‑Party Services, including links to third-party websites, applications, or resources. Any such links or access are provided for your information and convenience only and do not constitute Kinney Drugs' endorsement, approval, or recommendation of any Third-Party Services or their content, products, or services. Kinney Drugs does not control, operate, or maintain any Third‑Party Services and is not responsible or liable for their content, availability, or practices. Your use of any Third‑Party Services is subject to the terms, conditions, and privacy policies of those third parties. By using or interacting with Third‑Party Services, you may be providing information directly to third parties and such information will be governed by their terms and privacy practices, not ours. You are solely responsible for reviewing applicable third-party terms and deciding whether to access or use any Third-Party Services.

  1. Privacy

Our Privacy Policy explains how we collect, use, and share your personal information. In cases involving Protected Health Information ("PHI"), as that term is defined under the Health Insurance Portability and Accountability Act ("HIPAA") and maintained or transmitted by Kinney Drugs in its capacity as a HIPAA covered entity, our Notice of Privacy Practices governs. For any questions, please contact us using the information in Section 24.

  1. Location‑Based Services

Certain features of the Services may use location-based services (such as GPS, Wi‑Fi, Bluetooth, or IP-based location information) to help improve your experience (for example, to show nearby Kinney Drugs locations or provide store-specific information). We may collect, use, and share location information as described in our Privacy Policy.

Location services are optional and are not required to use the Services. You can enable, disable, or modify location-based services at any time through your device settings or browser permissions. If you choose not to enable location services, some features (such as store locator functionality) may not work as intended or may require manual entry of location information.

Some location features may rely on Third‑Party Services (such as mapping providers) that collect and use information under their own terms and privacy policies.

  1. Pharmacy Portal
    1. Scope. This Section 12 governs your access to and use of the Kinney Drugs Pharmacy Portal (the "Pharmacy Portal"), which is available through the Services. The Pharmacy Portal is available only to users who have created and maintain an active Account. By accessing or using the Pharmacy Portal, you agree to be bound by this Section 12 in addition to the other provisions of these Terms. In the event of a conflict between this Section 12 and any other provision of these Terms, this Section 12 will control solely with respect to the Pharmacy Portal.
    2. Pharmacy Portal Features; Prescription Services; No Medical Advice

The Pharmacy Portal allows you to request prescription refills and transfers, view prescription status, manage preferences, and access certain records and other pharmacy-related information. Prescription medications are dispensed only pursuant to a valid prescription issued by a licensed healthcare provider. The Pharmacy Portal does not provide medical advice. Always consult your pharmacist or healthcare provider for medical guidance.

Any refill, transfer, or prescription request submitted through the Pharmacy Portal may be subject to review and verification by our licensed pharmacists and, where applicable, the prescribing provider. Availability of medications is not guaranteed and remains subject to applicable federal and state law.

Certain medications, including controlled substances, are subject to additional legal requirements. We dispense such medications only in compliance with applicable law and reserve the right to decline or delay dispensing where those requirements are not met, where we suspect diversion, misuse, or abuse, or where in the professional judgment of our pharmacists doing so would be unsafe or inappropriate.

 

  1. Eligibility and Permitted Use

You may access and use the Pharmacy Portal only through your Account and solely to manage prescriptions and pharmacy services for yourself and, where permitted by law and Pharmacy Portal functionality, for permitted family members or dependents or someone who is under your care. Access to the Pharmacy Portal requires you to add a pharmacy profile by verifying your identity using information from your prescription label and completing a one-time verification process, which may include receiving and entering a verification PIN sent via text message or email.

  1. Protected Health Information

Pharmacy services accessed through the Pharmacy Portal may involve PHI as defined under HIPAA. Your pharmacy privacy rights and the use and disclosure of PHI are governed by our Notice of Privacy Practices as referenced in Section 10; this Section 12 does not replace that notice.

  1. Pharmacy Notifications through Automated Systems

In addition to Section 13 (Communications), the Pharmacy Portal may allow you to choose to receive pharmacy notifications, including automated voice calls and text messages (such as SMS, MMS, or RCS), regarding your prescriptions and other pharmacy-related services. Such communications may be delivered through automated systems or virtual assistants used by Kinney Drugs, including Burt, our artificial intelligence powered assistant. Enrollment in pharmacy notifications is optional and not a condition of obtaining prescriptions or other pharmacy services.

If you affirmatively enroll in pharmacy notifications or otherwise provide express consent to receive such communications, you acknowledge and agree that those communications are governed by the Pharmacy Voice Calls and Text Messaging Communications Terms (“Pharmacy Call & Text Terms”)  as in effect at the time of your enrollment, which are incorporated into these Terms by reference solely with respect to those communications. The Pharmacy Call & Text Terms describe, among other things, the types of messages you may receive, consent and opt-out rights (including STOP and HELP commands), message frequency, privacy and security considerations associated with voice and text communications, and dispute resolution provisions applicable to pharmacy notifications.

You may opt out of pharmacy text messages at any time by replying STOP to a text message, and you may request assistance by replying HELP, or by using any other opt-out method described in the Pharmacy Call & Text Terms. Opting out of pharmacy notifications will not affect your ability to access or use the Pharmacy Portal or obtain pharmacy services. In the event of a conflict between this Section 12 and the Pharmacy Call & Text Terms, the Pharmacy Call & Text Terms will control with respect to pharmacy notifications and related communications.

  1. Proxy Access (including Minor Patients)
    1. Proxy Access Generally. Subject to applicable law and where permitted by Kinney Drugs, an Account holder may request or be granted permission to access another patient’s pharmacy records and certain account functionality (including pharmacy notifications) through their own Account (“Proxy Access”). To request Proxy Access, contact us using the information in Section 24. Proxy Access may be granted to family members, caregivers, or other individuals involved in a patient’s care or support, based on the patient’s authorization or other legally permissible basis. By requesting or using Proxy Access, the proxy represents that they have the legal authority or permission, as applicable, to act on behalf of the patient. Proxy Access features may not be available in all areas or at all times and are subject to system capabilities and Kinney Drugs’ operational requirements.
    2. Proxy Access for Minor Patients. Where the patient is a minor, a parent or legal guardian, and where permitted by law another authorized individual, may be granted Proxy Access, which generally continues until the minor turns 18 unless modified or revoked earlier. Proxy Access is subject to federal and state law and does not include access to information where a minor has a legal right to receive services on a confidential basis or where disclosure is otherwise restricted. Where required by applicable law, Proxy Access may depend on the minor’s consent and may be limited to specific categories of pharmacy information or functionality.
    3. Proxy Access for Adult Patients. If you wish to request Proxy Access to the Pharmacy Portal account of an adult who is incapable of making their own medical decisions or has diminished capacity, you may do so by contacting us using the information in Section 24 and providing supporting documentation, such as an activated health care power of attorney, to validate your request. If you wish to request Proxy Access to the Pharmacy Portal account of an adult who is capable of making their own medical decisions, the adult patient must authorize your Proxy Access by completing enrollment and authorization forms permitting such access. An adult patient who has authorized your Proxy Access may terminate that access at any time for any reason.
    4. Variable and Limited Access. The scope of Proxy Access may vary based on the patient's age, the nature of the pharmacy services provided, and applicable legal requirements. Proxy Access may be limited to certain information or functionality and may change over time to comply with law or regulatory guidance.
    5. Verification; Modification or Revocation. We may require documentation to verify a proxy’s authority, relationship or authorization and may suspend, modify, deny, or revoke Proxy Access at any time where required by law, court order, or to protect the patient's rights, privacy, or safety.
    6. Responsibility. An individual granted Proxy Access is responsible for maintaining the confidentiality of Account credentials and for all activity conducted through Proxy Access, subject to applicable law.
  1. Communications

If you provide a phone number to us, you expressly consent and agree that we may contact you at that number using automated technology, including an automatic telephone dialing system, artificial or prerecorded voice messages, and text messages (SMS, MMS, or RCS), for service-related, account, or transactional purposes, including account verification, order confirmations, and service updates, as permitted by law. Marketing texts or calls (if offered) are subject to your separate express written consent and are not required as a condition of purchasing any goods or services. Message frequency varies. Message and data rates may apply; contact your carrier for details. You can stop receiving texts at any time by replying "STOP" to any message, changing your Account settings, or contacting us.

Certain communications programs are governed by separate Program Terms, including: (a) pharmacy notifications delivered through Burt, our AI-powered assistant, which are governed by the Pharmacy Call & Text Terms; and (b) tHRiVe Deals text alerts, which are governed by the tHRiVe Text Alert Terms and Conditions. These Program Terms are available on the Kinney Drugs website and are incorporated by reference with respect to the applicable program. Opt-out instructions for each program are provided in the messages and the applicable Program Terms. Opting out of one program will not affect your enrollment in other messaging programs unless you separately opt out of those programs.

You represent and warrant that any phone number you provide to us is your own or that you are authorized by the account holder to provide it and to consent to receive communications at that number. You agree to promptly notify us if your phone number changes or is reassigned. Communications may be monitored or recorded where permitted by law.

  1. Kinney Drugs Materials

All text, audio, video, images, graphics, charts, photographs, interfaces, icons, software, computer code, applications, databases, trademarks, logos, slogans, names of products and services, documentation, and other content available through the Services, and the design, selection, and arrangement of such content, are protected by copyright, trademark, and other intellectual property laws and are exclusively the property of Kinney Drugs or, as applicable, its licensors (collectively, "Kinney Drugs Materials"). Any unauthorized use of Kinney Drugs Materials or related intellectual property belonging to Kinney Drugs is strictly prohibited.

You may view and print Kinney Drugs Materials for your personal, non-commercial use only. You may not otherwise copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any Kinney Drugs Materials without our prior written permission.

Kinney Drugs and all related names, logos, product and service names, designs, and slogans used in the Services are trademarks of Kinney Drugs or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans appearing in the Services are the trademarks of their respective owners.

Copyright © 2026 Kinney Drugs. All rights reserved.

  1. Feedback.

By sending us any ideas, suggestions, documents, or proposals ("Feedback"), whether related to the Services or otherwise, you agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback. We may use, publish, distribute, and sublicense the Feedback without any obligation of attribution or compensation to you or any third party.

  1. Disclaimer of Warranties

We provide the Services on an "AS IS" and "AS AVAILABLE" basis. We do not promise the Services will always work perfectly, be error-free, uninterrupted, timely, or secure. Without limiting the foregoing, we do not warrant the accuracy of pricing, product availability, or insurance coverage information displayed through the Services. The actual prices, availability, and coverage may vary and are subject to verification at the time of purchase or dispensing.

YOUR USE OF THE SERVICES, THEIR CONTENT, AND ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, KINNEY DRUGS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON‑INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, AND CURRENTNESS. KINNEY DRUGS DOES NOT WARRANT THAT THE SERVICES WILL BE COMPATIBLE WITH ALL HARDWARE OR SOFTWARE, AVAILABLE IN ALL GEOGRAPHIC LOCATIONS, OR APPROPRIATE FOR USE IN ANY PARTICULAR JURISDICTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KINNEY DRUGS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL KINNEY DRUGS, OUR AFFILIATES, OR OUR/THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (COLLECTIVELY, THE “KINNEY DRUGS PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR DAMAGES CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KINNEY DRUGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE TOTAL, AGGREGATE LIABILITY OF THE KINNEY DRUGS PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS (US $100.00), even if such remedy should fail of its essential purpose. YOU ACKNOWLEDGE THAT THIS LIMITATION REFLECTS A REASONABLE ALLOCATION OF RISK AND THAT, IN THE ABSENCE OF SUCH LIMITATION, THE ECONOMIC TERMS OF THESE TERMS WOULD BE MATERIALLY DIFFERENT.

THE LIMITATIONS IN THIS SECTION 17 DO NOT APPLY TO: (A) LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION; (B) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 18; OR (C) YOUR OBLIGATION TO PAY ANY FEES OWED TO KINNEY DRUGS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND THE LIABILITY OF THE KINNEY DRUGS PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  1. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Kinney Drugs Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms; (b) any use of the Services other than as expressly authorized in these Terms; or (c) your use of any information obtained from the Services. This indemnification obligation will survive the termination of your Account and these Terms.

  1. Dispute Resolution / Arbitration / Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. Except as expressly provided below, most disputes between you and Kinney Drugs must be resolved through binding individual arbitration instead of in court. THIS MEANS YOU ARE WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE YOUR CLAIM DECIDED BY A JUDGE OR JURY AND YOU ARE WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

    1. Agreement to Arbitrate; Exceptions. Any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Services, or your relationship with Kinney Drugs (a "Dispute"), whether based in contract, statute, regulation, tort (including fraud and negligence), or other legal or equitable theory, will be resolved exclusively through final and binding individual arbitration. This agreement to arbitrate does not apply to: (a) individual claims brought in small claims court (or equivalent), provided the claim qualifies, remains in that court, and is pursued individually without consolidation or coordination with other claims; (b) claims for injunctive or equitable relief to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information; (c) actions to compel arbitration or to confirm, vacate, or enforce an arbitration award under the Federal Arbitration Act (9 U.S.C. §§ 1-16) (the "FAA"); or (d) actions to bring issues to the attention of governmental agencies that cannot be waived by law, provided such agencies may seek relief on a party's behalf only to the extent permitted by law.
    2. Informal Dispute Resolution. Before initiating arbitration, you agree to first attempt to resolve the Dispute informally by sending Kinney Drugs written notice describing the Dispute, relevant facts, your contact information, and supporting documentation, using the contact information in Section 24. The parties will engage in good-faith efforts to resolve the Dispute for sixty (60) days from receipt of the notice. If the Dispute remains unresolved, either party may proceed with arbitration. Any applicable statute of limitations is tolled during this process.
    3. Federal Arbitration Act; Delegation. This arbitration agreement is governed by the FAA, which controls all questions regarding its interpretation, enforceability, and application, regardless of any contrary state law. The arbitrator, not any court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable; provided, however, that the enforceability of the class action waiver in Section 19.6 shall be determined solely by a court of competent jurisdiction.
    4. Administrator, Rules, Fees, and Costs. Unless the parties agree otherwise, arbitration will be administered by JAMS under its Streamlined Arbitration Rules & Procedures, as modified by the JAMS Consumer Arbitration Minimum Standards (collectively, the "JAMS Rules") (available at www.jamsadr.com/rules-streamlined-arbitration and www.jamsadr.com/consumer-minimum-standards). If JAMS is unavailable, the parties shall mutually agree on an alternative administrator; failing agreement, a court shall appoint one. In the event of a conflict between the JAMS Rules and this Section 19, this Section 19 controls to the extent permitted by applicable law; provided, however, that the JAMS Consumer Arbitration Minimum Standards apply in all cases and may not be overridden by this Section 19. Kinney Drugs will pay all arbitration fees and costs required under the JAMS Consumer Arbitration Minimum Standards, or that a court orders it to pay. If such costs would nonetheless be prohibitive compared to litigation, Kinney Drugs will pay as much of the fees as the arbitrator deems necessary to prevent cost-prohibitive arbitration. Each party bears its own attorneys' fees unless applicable law expressly provides for fee-shifting. The arbitrator may award any individualized relief authorized by applicable law, including compensatory damages, statutory damages, and equitable relief. Punitive or exemplary damages are not available to the fullest extent permitted by law. Each party has the right to be represented by an attorney at any stage of the arbitration at that party’s own expense.
    5. Procedures. The arbitration shall be conducted by telephone, videoconference, or written submissions, unless the arbitrator determines an in-person hearing is necessary. Any in-person hearing shall take place in the county in which you reside or, at Kinney Drugs' election, in Syracuse, New York. The arbitrator shall apply applicable substantive law, enforce these Terms, and issue a reasoned written decision that is final, binding, and may be entered in any court of competent jurisdiction. Declaratory or injunctive relief may be awarded only in favor of the individual party seeking it and only to the extent warranted by that party's individual claim, without ordering changes to Kinney Drugs’ broader business practices. Each party is entitled to limited discovery as determined by the arbitrator, proportional to the claim and consistent with the expedited nature of arbitration. Unless otherwise required by law, proceedings shall remain confidential, except as necessary to (a) prepare for or conduct the arbitration, (b) enforce or challenge an award, (c) comply with applicable law or respond to a governmental authority, or (d) consult with an attorney, tax advisor, or other professional. Nothing in this Section 19.5 prevents you from disclosing information about your claim or its outcome to the extent necessary to pursue or defend your legal rights.
    6. Waiver of Class and Representative Actions. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, WHETHER IN ARBITRATION OR IN COURT. YOU AND KINNEY DRUGS EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN SUCH ACTIONS. This waiver does not prevent either party from participating in a class-wide settlement approved by a court.
    7. Coordinated or Mass Filings. If seventy-five (75) or more claimants file substantially similar arbitration demands against Kinney Drugs within a ninety (90)-day period ("Coordinated Filings"), the following procedures apply solely to promote efficiency and not to authorize class or representative arbitration. Each demand remains a separate Dispute. The administrator shall group Coordinated Filings into sequential batches of no more than ten (10) cases, with no batch proceeding until the prior batch is resolved or settled. The first batch shall proceed as bellwether proceedings, with Kinney Drugs paying all fees consistent with the JAMS Rules. Bellwether outcomes are not binding on non-bellwether claimants absent express written agreement. Following the bellwether batch, the parties shall mediate all remaining Coordinated Filings for sixty (60) days before a mutually agreed mediator (or one appointed by the administrator). If mediation fails, additional batches proceed sequentially. Fees for post-bellwether batches are not due until the applicable batch is authorized to proceed. If the administrator declines to apply these procedures, either party may seek enforcement in court. Claimants and their counsel may not circumvent these procedures through claim splitting, assignment, or staggered filings.
    8. Severability; Opt-Out; Limitation of Claims. If any portion of this Section 19 is found invalid or unenforceable, the remaining portions remain in effect. If the class action waiver in Section 19.6 is held invalid with respect to a particular claim, that claim shall proceed only in court. All other claims remain subject to this Section 19. Notwithstanding Section 23, if Kinney Drugs makes any material change to this Section 19 after the date you first accepted these Terms, you may reject the change by sending written notice within thirty (30) days of it becoming effective, in which case you remain bound by the prior version of this Section 19. Any claim arising out of or relating to these Terms must be filed within one (1) year after it accrues, or it is permanently barred. This limitation does not apply where applicable law mandates a longer period that cannot be shortened by agreement.
  2. Kinney Drugs Mobile App Terms
    1. App License. If you download or access the Kinney Drugs App, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Kinney Drugs App on a compatible mobile device that you own or control, solely for your personal, non-commercial use of the Services and in accordance with these Terms. If you obtained the Kinney Drugs App from the Apple App Store, this license is limited to use on Apple-branded products. This license does not allow you to use the Kinney Drugs App on any device that you do not own or control, and you may not distribute or make the Kinney Drugs App available over a network where it could be used by multiple devices at the same time.

You may not: (a) copy, modify, or create derivative works of the Kinney Drugs App; (b) distribute, transfer, sublicense, lease, lend, or rent the Kinney Drugs App to any third party; (c) reverse engineer, decompile, disassemble, or attempt to extract the source code of the Kinney Drugs App, except to the extent expressly permitted by applicable law that cannot be waived by agreement; (d) remove, alter, or obscure any proprietary notices, labels, or marks on or in the Kinney Drugs App; (e) circumvent, disable, or otherwise interfere with any security, digital rights management, or access-control features of the Kinney Drugs App; or (f) use the Kinney Drugs App in any manner that violates applicable law or these Terms.

    1. Apple iOS Mobile Device Terms

The terms and conditions set forth in this Section 20.2 shall apply if and only if you acquire the Kinney Drugs App through Apple’s App Store and are in addition to the other provisions of these Terms. You acknowledge and agree that:

      1. Parties. You understand and agree that these Terms are solely between Kinney Drugs and you and that Apple is not responsible or liable for the Kinney Drugs App, the Kinney Drugs Materials, or the Services, or for addressing any claims relating to your use or possession of the Kinney Drugs App, including but not limited to: (i) product liability claims; (ii) any claim that the Kinney Drugs App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Kinney Drugs App's use of HealthKit or HomeKit frameworks, if applicable; or (iv) claims arising under any third-party intellectual property rights. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Kinney Drugs App.
      2. Third-Party Beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of this Section 20.2, and upon your first access and use of the Kinney Drugs App, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 20.2 against you as a third-party beneficiary of these Terms.
      3. Scope of License. You will only access or use the Kinney Drugs App on any Apple mobile device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. If you sell your Apple device to a third party, you must remove the Kinney Drugs App from the Apple device before doing so.
      4. Apple Responsibilities. To the maximum extent permitted by applicable law, Apple will have no other warranty, maintenance, or support obligation whatsoever with respect to the Kinney Drugs App, and Apple has no responsibility for any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty. To the extent the Kinney Drugs App fails to conform to any applicable warranty (if any), you may notify Apple, and Apple may refund the purchase price (if any) for the Kinney Drugs App. Kinney Drugs, not Apple, is responsible for addressing any claims relating to the Kinney Drugs App or your use of the Kinney Drugs App.
      5. Infringement. In the event of any third-party claim that the Kinney Drugs App or your use of the Kinney Drugs App infringes any third party's intellectual property rights, Apple will not be responsible in any way for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
      6. Disputes with Apple. You agree that, as between you and Apple, any disputes are governed by the laws of the State of California, excluding conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the county of Santa Clara, California to resolve any dispute or claim arising between you and Apple.
      7. Use of Data. You agree that Kinney Drugs may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates and other services to you (if any) related to the Kinney Drugs App. Kinney Drugs may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
      8. Export Compliance. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, including the Treasury Department's Specially Designated Nationals List or the Commerce Department's Denied Persons List or Entity List.
      9. Third-Party Terms. You must comply with applicable third-party terms of agreement when using the Kinney Drugs App (for example, your wireless data service agreement).
      10. Contact Information. Kinney Drugs' contact information for any end-user questions, complaints, or claims with respect to the Kinney Drugs App is set forth in Section 24 (Contact Us).
    2. Google Play Terms (Android)

If you download the Kinney Drugs App from Google Play, you acknowledge and agree that:

      1. These Terms are between you and Kinney Drugs, and not with Google LLC or any of its affiliates ("Google"). Google is not responsible for, and has no liability under, these Terms with respect to the Kinney Drugs App.
      2. Your use of the Kinney Drugs App must comply with the then-current Google Play Terms of Service.
      3. Google has no obligation to provide maintenance, support, or update services for the Kinney Drugs App.
      4. Google has no warranty obligation with respect to the Kinney Drugs App. Kinney Drugs, not Google, is solely responsible for any product claims, warranty claims, product liability claims, or claims that the Kinney Drugs App fails to conform to applicable legal or regulatory requirements.
      5. Kinney Drugs, not Google, is responsible for addressing any third-party intellectual property infringement claims relating to the Kinney Drugs App.
      6. Google and its subsidiaries are third-party beneficiaries of this Section 20.3 and, upon your acceptance of these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce this Section 20.3 against you as a third-party beneficiary thereof.
    2. App Updates

In addition to Section 8.2, you agree that Updates to the Kinney Drugs App may be installed through your device's app store without additional notice, and you consent to such automatic Updates. You may be able to manage update preferences through your device or app store settings. If you do not install Updates, the Kinney Drugs App may not function properly or at all.

    1. Push Notifications

If you enable notifications, the Kinney Drugs App may send you push notifications or alerts related to your Account or the Services. You can control or disable push notifications at any time through your device settings. Push notifications are optional and not required to use the Services.

    1. Device and Network Requirements

You are responsible for obtaining and maintaining any devices, software, and network connections necessary to use the Kinney Drugs App, and for all charges related thereto. We do not guarantee the Kinney Drugs App will be compatible with all devices, operating systems, or software versions, and we may update minimum system requirements at any time. Standard carrier messaging and data charges may apply to your use of the Kinney Drugs App, including when the Kinney Drugs App communicates with our servers.

    1. License Termination

The license granted in Section 20.1 is effective until terminated. Your rights under this license will terminate automatically if you fail to comply with any of these Terms. Upon termination of the license, you must cease all use of the Kinney Drugs App and delete or destroy all copies in your possession. Termination of this license will not limit any of Kinney Drugs' other rights or remedies at law or in equity.

  1. Governing Law and Venue

Except as expressly provided in Section 19 (Dispute Resolution / Arbitration / Class Action Waiver), these Terms and any Dispute arising out of or relating to these Terms, your use of the Services, or your relationship with Kinney Drugs are governed by the laws of the State of New York, without regard to conflict-of-law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

To the extent any Dispute is not subject to arbitration under Section 19, such Dispute shall be brought exclusively in the state or federal courts located within Onondaga County, New York, and you irrevocably consent to the personal jurisdiction and venue of such courts.

Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND KINNEY DRUGS EACH IRREVOCABLY WAIVE ANY RIGHTS TO A TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE SUBJECT MATTER HEREOF, WHETHER SUCH ACTION IS BROUGHT IN CONTRACT, TORT, OR OTHERWISE.

  1. General
    1. Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may freely assign or transfer these Terms, in whole or in part, without restriction and without notice or consent, including in connection with a merger, acquisition, reorganization, sale of assets, or operation of law.
    2. No Waiver. Our failure to enforce any provision of these Terms does not waive our right to enforce it later.
    3. Severability. If any provision of these Terms is found unlawful or unenforceable, the remaining provisions will remain in full force and effect.
    4. Survival. Provisions that by their nature should survive termination, including arbitration, intellectual property, disclaimers, indemnification, and limitations of liability, will survive.
    5. Entire Agreement. These Terms, together with the Privacy Policy, Notice of Privacy Practices, and any applicable Program Terms, constitute the entire agreement between you and Kinney Drugs regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. Notwithstanding anything herein to the contrary, any arbitration or dispute resolution provision contained in Program Terms or Pharmacy Call & Text Terms is intended to supplement, and not limit or reduce, the arbitration requirements, class action waiver, delegation clause, procedural protections, or fee allocations set forth in Section 19 of these Terms. In the event of any inconsistency, the provisions of Section 19 shall apply.
    6. Electronic Communications. You agree that we may provide notices and communications electronically, including by posting them on the Services or by email or text, where permitted by law.
    7. Headings. Section headings are for convenience only and do not affect interpretation.
    8. Force Majeure. We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics or pandemics, power outages, telecommunications or internet failures, or strikes.
    9. Accessibility. If you experience difficulty accessing any part of the Services, please contact us using the information in Section 24, and we will work with you to provide the information or service you need through an alternative communication method that is accessible for you.
  2. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last Updated" date above and, for material changes, we will use reasonable efforts to provide you with advance notice (such as by posting a prominent notice on the Services, sending an email to the address associated with your Account, or through a notification within the Services). Your continued use of the Services after the effective date of any updated Terms means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

You are expected to check the Services from time to time so you are aware of any changes, as they are binding on you.

  1. Contact Us

For questions, concerns, or assistance:

Kinney Drugs

6333 State Route 298, Suite 305

East Syracuse, NY 13057

ATTN:  Public Relations

Email: Publicrelations@kinneydrugs.com