Terms of Use | Winston's Pharmacy

Last Updated: November 27, 2024

1. Introduction and Acceptance

Welcome to Winston's Pharmacy. These Terms of Use ("Terms") govern your access to and use of the Winston's Pharmacy website located at https://winstonspharmacy.com (the "Website"), including all content, features, and services offered through the Website, such as our product information pages, authenticity verification tools, and contact forms.

Winston's Pharmacy is a licensed compounding pharmacy and FDA-registered 503B outsourcing facility headquartered in Houston, Texas. We specialize in providing high-quality compounded pharmaceutical preparations, including but not limited to Semaglutide, Tirzepatide, NAD+, and Sermorelin formulations.

By accessing or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Website. These Terms constitute a legally binding agreement between you and Winston's Pharmacy.

2. Eligibility and Target Audience

Our Website and services are intended for use by:

Healthcare Providers: Licensed physicians, nurse practitioners, physician assistants, and other authorized prescribers seeking information about our compounded pharmaceutical products.
Pharmacies: Licensed pharmacy professionals and pharmacy purchasing representatives interested in our 503B outsourcing services.
Patients: Individuals with valid prescriptions seeking information about compounded medications prescribed by their healthcare providers.
General Public: Individuals seeking educational information about pharmaceutical compounding and our company.

You must be at least 18 years of age to use our Website. By using the Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3. Permitted Use of the Platform

3.1 General Use

You may use our Website for the following purposes:

Browsing and accessing information about our compounded pharmaceutical products
Learning about the differences between 503A and 503B compounding facilities
Contacting our team for inquiries related to our products and services
Accessing educational content about pharmaceutical compounding
Verifying product authenticity using our verification tools (when available)

3.2 Product Authenticity Verification

Winston's Pharmacy may provide QR code-based authenticity verification tools to help verify the origin and legitimacy of our pharmaceutical products. When using these verification features, you agree to:

Use the verification tools solely for their intended purpose of confirming product authenticity
Understand that verification results are based on the information available in our systems at the time of verification
Not attempt to manipulate, replicate, or tamper with QR codes or verification systems
Report any suspicious products or verification anomalies to our customer service team

3.3 Limitations of Verification Tools

While our authenticity verification tools are designed to provide accurate information, you acknowledge that:

No verification system is infallible, and technical limitations may occasionally affect results
A successful verification confirms the product originated from Winston's Pharmacy but does not guarantee the product has been properly stored or handled after leaving our facility
You should always consult with a healthcare professional regarding the use of any pharmaceutical product

4. Company Rights and Responsibilities

4.1 Information Accuracy

Winston's Pharmacy strives to provide accurate, up-to-date information on our Website regarding our products, services, and company. However:

Product information is provided for educational and informational purposes only and should not be considered medical advice
Pricing, availability, and product specifications are subject to change without notice
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time

4.2 Website Operations

We reserve the right to:

Modify, suspend, or discontinue any aspect of the Website at any time
Restrict access to certain features or services
Implement maintenance windows that may temporarily affect Website availability
Update or modify the functionality of our verification tools

4.3 Technical Limitations

While we employ industry-standard practices to maintain Website performance and security, we do not guarantee uninterrupted, error-free, or completely secure operation of the Website or its features.

5. User Rights and Responsibilities

5.1 Proper Conduct

When using our Website, you agree to:

Use the Website only for lawful purposes and in accordance with these Terms
Provide accurate and complete information when submitting forms or requests
Maintain the confidentiality of any account credentials (if applicable)
Respect the intellectual property rights of Winston's Pharmacy and third parties

5.2 Appropriate Use of Information

Information obtained from our Website should be used responsibly:

Product information is intended to supplement, not replace, professional medical advice
Healthcare providers should exercise independent professional judgment when prescribing compounded medications
Patients should not modify their treatment based solely on Website information without consulting their healthcare provider

5.3 Prohibited Activities

You agree not to:

Attempt to access unauthorized areas of the Website, server, or connected systems
Interfere with or disrupt the Website's operation or the servers and networks connected to it
Use automated systems (bots, scrapers, etc.) to access the Website without our express written permission
Attempt to reverse engineer, decompile, or disassemble any portion of the Website or its underlying technology
Reproduce, counterfeit, or tamper with QR codes, verification systems, or any product authentication features
Use the Website for any fraudulent purpose or to facilitate illegal activities
Impersonate any person or entity or misrepresent your affiliation with any person or entity
Upload or transmit viruses, malware, or other malicious code
Collect or harvest any information from the Website for unauthorized purposes

6. Intellectual Property

6.1 Ownership

All content on the Website, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, data compilations, software, and the overall design and arrangement of the Website (collectively, "Content"), is the property of Winston's Pharmacy or its licensors and is protected by United States and international copyright, trademark, patent, and other intellectual property laws.

6.2 Trademarks

The Winston's Pharmacy name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Winston's Pharmacy or its affiliates. You may not use these marks without our prior written permission.

6.3 Limited License

Subject to your compliance with these Terms, Winston's Pharmacy grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for its intended purposes. This license does not include:

Any resale or commercial use of the Website or its Content
Any derivative use of the Website or its Content
Any downloading or copying of account information for any third party's benefit
Any use of data mining, robots, or similar data gathering tools

7. Disclaimers and Limitations of Liability

7.1 No Medical Advice

The content on this Website is provided for informational purposes only and does not constitute medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or treatment.

7.2 Pharmaceutical Product Disclaimers

Compounded medications are customized pharmaceutical preparations that are not FDA-approved products. While Winston's Pharmacy operates as an FDA-registered 503B outsourcing facility and adheres to current Good Manufacturing Practices (cGMP), you understand that:

Compounded preparations are made based on a patient-specific prescription or in anticipation of prescriptions (for 503B facilities)
The safety, efficacy, and quality of compounded preparations depend on proper prescribing, storage, and administration
Individual results may vary, and not all patients may be appropriate candidates for compounded medications

7.3 Verification Tool Disclaimers

Our product authenticity verification tools are provided "as is" and "as available." Winston's Pharmacy makes no warranties, express or implied, regarding:

The accuracy, completeness, or reliability of verification results
The uninterrupted availability of verification services
The condition, storage, or handling of products after they leave our facility

7.4 Limitation of Liability

To the fullest extent permitted by applicable law, Winston's Pharmacy, its officers, directors, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or other intangible losses, resulting from:

Your access to or use of (or inability to access or use) the Website
Any conduct or content of any third party on the Website
Any content obtained from the Website
Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all claims exceed the amount you paid us, if any, for accessing the Website during the twelve (12) months preceding the claim.

7.5 Indemnification

You agree to indemnify, defend, and hold harmless Winston's Pharmacy and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Website or your violation of these Terms.

8. Third-Party Links and Content

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Winston's Pharmacy. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Winston's Pharmacy shall not be responsible or liable for any damage or loss caused by your use of or reliance on any such content, goods, or services.

9. Updates to These Terms

Winston's Pharmacy reserves the right to modify or replace these Terms at any time at our sole discretion. If we make material changes to these Terms, we will notify you by:

Updating the "Last Updated" date at the top of these Terms
Posting a notice on our Website
Other means we deem appropriate under the circumstances

Your continued use of the Website after any changes to these Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas. You hereby consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

11. Severability and Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The failure of Winston's Pharmacy to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Winston's Pharmacy regarding your use of the Website and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter herein.

13. Contact Information

If you have any questions about these Terms of Use, please contact us:

Email: hello@winstonspharmacy.com
Phone: +1 (800) 555-0199
Address: Houston, TX

For urgent matters regarding product safety or authenticity concerns, please contact us immediately at the phone number listed above.