Website Terms of Use
This Website Terms of Use (together with our Website Acceptable Use Policy and Website Privacy Statement) set out the terms between you and PCCA under which you may access our website pccarx(.com, .ca or .com.au) or members.pccarx(.com, .ca or .com.au) (PCCA Website). The Website Terms of Use applies to all users accessing the PCCA Website.
Your use of the PCCA Website means that you accept, and agree to abide by, all the terms in this Website Terms of Use, which supplement our Website Acceptable Use Policy and Website Privacy Statement.
BY USING THE PCCA WEBSITE, YOU AGREE TO THESE WEBSITE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE PCCA WEBSITE.
The PCCA Website is a site operated by Professional Compounding Centers of America, Inc. (PCCA, we or us) for the benefit of PCCA and it's affiliated companies. Our primary office is located at 9901 South Wilcrest Dr, Houston, TX 77099.
The PCCA Website is comprised of various Web pages operated by PCCA.
The PCCA Website is offered to you conditional on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the PCCA Website constitutes your agreement to all such terms, conditions and notices.
Links to Third Party Websites
The PCCA Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the PCCA Website and the PCCA Website is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The PCCA Website is not responsible for webcasting or any other form of transmission received from any Linked Site. The PCCA Website is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PCCA of the site or any association with its operators.
No Unlawful Or Prohibited Use
As a condition of your use of the PCCA Website, you warrant to PCCA that you will not use the PCCA Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the PCCA Website in any manner which could damage, disable, overburden, or impair the PCCA Website or interfere with any other party's use and enjoyment of the PCCA Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the PCCA Website.
You may not attempt to gain unauthorized access to any portion or feature of the PCCA Website, or any other systems or networks connected to the PCCA Website, or to any PCCA Website server, or to any of the services offered on or through the PCCA Website, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the PCCA Website or any network connected to the PCCA Website, nor breach the security or authentication measures on the PCCA Website or any network connected to the PCCA Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the PCCA Website, or any other customer of PCCA, including any PCCA Website account not owned by you, to its source, or exploit the PCCA Website or any service or information made available or offered by or through the PCCA Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the PCCA Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the PCCA Website or PCCA's systems or networks, or any systems or networks connected to the PCCA Website.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the PCCA Website or any transaction being conducted on the PCCA Website, or with any other person's use of the PCCA Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to PCCA on or through the PCCA Website or any service offered on or through the PCCA Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the PCCA Website, including contests, promotions or other similar features, all of which terms are made a part of these Website Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Website Terms of Use and the terms posted for or applicable to a specific portion of the PCCA Website or for any service offered on or through the PCCA Website, the latter terms shall control with respect to your use of that portion of the PCCA Website or the specific service.
PCCA's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.
PCCA may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the PCCA Website with respect to products and services may be out of date, and PCCA makes no commitment to update the materials on the PCCA Website with respect to such products and services.
Return Policy
PCCA
- All product returns must be authorized through Customer Service for a credit to be issued.
- All unauthorized returns will be discarded at the customer's expense. The product will not be credited and the minimum discard charge will be $25.00.
- Returnable products:
- Products received in error or damaged in shipping. All claims must be made within 10 days of receipt.
- Non-returnable products:
- Products returned without prior authorization.
- Packages refused by the customer.
- Controlled substances.
- Hazardous materials.
- Products sold on a non-return basis (special orders or bulk orders).
- Refrigerated or frozen products.
- Expired products.
- Products not in their sealed, original containers.
- Products damaged, soiled or adulterated in any way.
- Products with labels that are damaged, soiled, adulterated or compromised in any way, form or manner.
- Wellness Works Products.
Shipping Services
| PCCA CUSTOMERS
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FREIGHT CHARGE
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All FedEx Shipping Services
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FedEx Published Rates
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Motor Freight Shipments
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Published Rates
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FedEx Ground® for PCCA REWARDS MEMBERS
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FREE with $150 Minimum Purchase*
Purchases Under $150 at FedEx Published Rates
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- Platinum, Diamond and Blue Diamond
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FREE*
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FedEx 2Day®, Standard Overnight®, Priority Overnight® and First Overnight®
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FedEx Published Rates
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Motor Freight Shipments
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Published Rates
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| Hazardous Materials
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Ground
- $45 Dangerous Goods fee per package plus applicable shipping charges.
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Air
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| Ice Pack items
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Refrigerated Items
- Must arrive at pharmacy within 2 days.
- FedEx Ground® for members located within a 1- or 2-day guaranteed Ground zone from a PCCA Distribution Center.
- FedEx 2Day® or FedEx Overnight® for all other members. (Member pays FedEx Published Rates.)
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Frozen Items
- Must arrive at pharmacy within 1 day.
- FedEx Ground® for members located within a 1-day guaranteed Ground zone from a PCCA Distribution Center.
- FedEx Overnight® for all other members (Member pays FedEx Published Rates.)
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| Alaska & Hawaii
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- FedEx 2Day® FREE service with $450 Minimum Purchase, and under 10 LBS.
Additional pounds at
FedEx published rates.
- For less than $450 Purchase, member pays FedEx Published Rates. Please note: FedEx Ground® service is available to Alaska and Hawaii.
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Customers and members are welcome to use their own carrier accounts for Charge to Customer/Member shipments; however, PCCA does not guarantee same-day shipments for non-FedEx carriers and is not responsible for any delays, damages or lost shipments. Orders placed online for in-stock items will be processed within 24 hours if shipped via FedEx.
* Oversized items (larger than 84” and/or more than 150 pounds), drop-shipped items and any items requiring special handling are excluded from free FedEx Ground® shipping. Hazardous materials qualify for free FedEx Ground® shipping, with a surcharge. Although hazardous materials, ice pack items and other excluded items must ship separately, they will be included in the purchase total so members can qualify for free shipping.
Member Rewards is available to all PCCA members who purchase a minimum of $25,000 per year. Learn more.
Canada Shipping Services
| Shipping Method |
Order Size & Weight |
Freight Charge |
| Priority Air Shipping |
$200 and over, under 50lbs |
PCCA incurs air shipping charges* |
| $200 and over, over 50lbs |
PCCA incurs air shipping charges for the first 50lbs* (additional weight is at preferred FedEx rates) |
| Priority Air or Ground Services |
Under $200 |
Preferred FedEx rates - choice between air or ground services.* |
Orders placed online for in-stock items will be processed within 24 hours if shipped via FedEx.
* Although haz mats, exempt haz mats, ice pack items, and other excluded items must ship separately, they will be included in the order dollar total so members can qualify for free shipping.
***For current FedEx Published Rates, log on to fedex.com.
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Shipping Hazardous Materials (HazMats)
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Ground
There is a $25 HazMat fee per package plus applicable shipping charges.
Air
$25 Haz Mat fee per package plus applicable shipping charges
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| Ice Pack Items |
Refrigerated Items
- Must arrive at store within 2 days
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Must ship FedEx Priority Express (Air)
Frozen Items
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Must arrive at store within 1 day
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Must ship FedEx Priority Express (Air)
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***For current FedEx Published Rates, log on to fedex.com.
E = Exempt = No Haz Mat Fee Regardless of Ship Method
LQ = Limited Quantity = No Haz Mat Fee via Ground Shipping
FR = Fully Regulated = Full Haz Mat Fee Applies Regardless of Shipping Method
Refrigerated Item (Must Arrive Within Two Days)
Frozen Item (Must Arrive Within One Day)
Canada Return Policy
Returned Products Must:
- Be in their sealed, original containers
- Not be damaged, soiled or adulterated in any way
- Have labels that are not damaged, soiled, adulterated or compromised in any way, form or manner
Products returned that do not follow these guidelines will not be issued a credit.
Returnable Products:
- Products received in error or damaged in shipping
- All claims must be made within 10 days of receipt
- All product returns must be authorized through Customer Service for a credit to be issued
Non-returnable Products:
- Products returned without prior authorization
- Packages refused by the customer
- Controlled substances
- Hazardous materials
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Products sold on a non-return basis (special orders or bulk orders)
- Refrigerated or frozen products
- Expired products
- Active pharmaceutical ingredients (APIs)
Use of Communication Services
The PCCA Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
PCCA has no obligation to monitor the Communication Services. However, PCCA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. PCCA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
PCCA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PCCA's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. PCCA does not control or endorse the content, messages or information found in any Communication Service and, therefore, PCCA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized PCCA spokespersons, and their views do not necessarily reflect those of PCCA.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to the PCCA Website or Posted at Any PCCA Website
PCCA does not claim ownership of the materials you provide to the PCCA Website (including feedback and suggestions) or post, upload, input or submit to any PCCA Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting PCCA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. PCCA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in PCCA's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PCCA WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PCCA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PCCA WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE PCCA WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
PCCA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PCCA WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PCCA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PCCA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PCCA WEBSITE, WITH THE DELAY OR INABILITY TO USE THE PCCA WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PCCA WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PCCA Website, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PCCA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PCCA WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PCCA WEBSITE.
SERVICE CONTACT : webmaster@pccarx.com
Indemnity
You agree to indemnify and hold PCCA, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against PCCA by any third party due to or arising out of or in connection with your use of the PCCA Website.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Harris County, Texas, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between PCCA and you arising out of or in connection with your use of the PCCA Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Copyright and Trademark Notices
All contents of the PCCA Website are: Copyright 2017 by PCCA and/or its suppliers. All rights reserved.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to PCCA. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Changes to Website Terms of Use
PCCA may revise this Website Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Website Terms of Use may also be superseded by provisions or notices published elsewhere on the PCCA Website.
Contact Information
PCCA welcomes your comments regarding this Website Terms of Use. If you believe that PCCA has not adhered to this statement, please contact PCCA at webmaster@pccarx.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.