USER AGREEMENT

PLEASE READ THIS USER AGREEMENT (THE "AGREEMENT") CAREFULLY PRIOR TO YOUR USE OF THIS WEB SITE.

BY CLICKING ON THE "I AGREE TO THE USER AGREEMENT" BUTTON/CHECKBOX ON THE WEBSITE AND THEREAFTER UTILIZING THE SITE, YOU ("USER" or "YOU") HEREBY AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT WHICH INCORPORATES BY REFERENCE THE PRIVACY POLICY AND THE DMCA NOTICE POSTED ON THE SITE, AS BOTH ARE AMENDED FROM TIME TO TIME. IF THIS AGREEMENT IS NOT ACCEPTABLE AND YOU ARE UNWILLING TO BE BOUND BY IT, PLEASE DO NOT CLICK ON THE "I AGREE TO THE USER AGREEMENT" BUTTON OR OTHERWISE USE THE SITE OR ENTER ANY INFORMATION ABOUT YOURSELF OR TRANSACT ANY BUSINESS THROUGH THIS SITE.

Duane Reade (referred to as "we", "us", "our" or such similar terms) is the owner and operator of this website.

Eligibility and User's Warranties and Representations. We intend that this website be used by adults only and Users that can form legally binding contracts under applicable law. Without limiting the foregoing, the website and Materials should not be used by minors. If you do not qualify, you are not permitted to use the website or order the Materials, and you do not have our consent to do so.

Fraud. Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the website.

Links to Third Party Websites. We may provide links to web pages which are not part of the our web family. These sites are not under our control and we are not responsible for the information, links or other content you may find there. We are providing these links only as a convenience. The presence of these links on any of our websites is not intended to imply our endorsement of that site but to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this Agreement does not apply to your use of unaffiliated sites to which this site only provides links.

User's Information. "User's Information" is defined as any information or other material or content that you provide to us or others in connection with this website, or which you post on this website. Except as otherwise provided in the Privacy Policy, you are solely responsible for User's Information, and we act as a passive conduit for the online distribution of User's Information. We reserve, however, the right to modify or remove from the website, all or any portion of User's Information or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable or unlawful--though we have no obligation to do so and we do not generally monitor content posted on the site by you or other third parties. We also reserve the right to edit User's Information or other materials for any other reason consistent with the purposes of this Agreement or the website.

Access and Interference. Use of this website. The contents of this website are protected by copyright, trademark and other laws and are the sole and exclusive property of us and/or other owners. We grant you a limited license to access and make personal use of the website in order to obtain and exchange information. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product or service descriptions, prices or other information; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This website and its contents may not, in whole or in part, be reproduced, duplicated, copied, sold, resold, visited, modified or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or materials (including images, text, page layout, or form) of ours or of any third party on the website without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use of the website terminates the permission and license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the website so long as the link does not portray us or any products or services offered on the website in a false, misleading, derogatory, or other manner which we deem offensive. You may not use any logo or other proprietary graphic or trademark on the website as part of the link without our express written permission. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the website. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Breach. Without limiting other rights or remedies set forth in this Agreement or as otherwise available by law, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the website in whole or in part: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe in our sole discretion that your actions may cause legal liability for you, other users, us or third parties.

Privacy. Our current Privacy Policy is available on the website and is incorporated in this Agreement by reference. We may change our Privacy Policy from time to time, as stated therein. Click here for Privacy Policy.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS. MOST OF THE CONTENTS OF THIS WEBSITE ARE GENERATED BY USERS AND OTHER THIRD PARTIES. WE MAKE NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE ACCURACY, APPLICABILITY, FITNESS, OR COMPLETENESS OF THE CONTENTS OF THIS WEBSITE. THEREFORE, IF YOU WISH TO APPLY ANY INFORMATION OR IDEAS CONTAINED IN THIS WEBSITE, YOU ARE TAKING FULL RESPONSIBILITY FOR YOUR ACTIONS.

THE CONTENT OF THIS WEBSITE ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK OUT A PHYSICIAN OR OTHER QUALIFIED PROFESSIONAL FOR QUESTIONS YOU HAVE REGARDING ANY MEDICAL, HEALTH OR DIETARY CONDITION. THE CONTENT ON THIS WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THE INFORMATION ON THIS WEBSITE AND SHOULD SEEK THE ADVICE OF A MEDICAL OR OTHER APPROPRIATE PRACTITIONER REGARDING THE REGIMEN OR TREATMENT THAT MAY BE RIGHT FOR YOU.

MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS. NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE IDEAS OR INFORMATION ON THIS WEBSITE.

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED) INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH THE CONTENTS OF THIS WEBSITE OR YOUR USE OF SAME. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE SHALL IN NO EVENT BE HELD LIABLE TO YOUR OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS WEBSITE AND ITS CONTENT, WHICH ARE PROVIDED "AS IS", AND WITHOUT WARRANTIES.

OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE FEES PAID BY YOU FOR THE USE OF THIS WEBSITE, IF ANY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

We do not warrant the performance, effectiveness or applicability of any sites, products or services listed or linked to or advertised on this website.

Indemnity. You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys' fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in this Agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling or advertising goods or services on this website; and (vi) your use of this website or the products or services of us or any third party.

Release; Covenant Not To Sue. You hereby release, agree and covenant not to sue us, our subsidiaries and affiliates, and our officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with your use of this website, other than our willful misconduct or our failure to honor an express commitment posted on the website. If you are a California resident, you hereby waive California Civil Code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to us at 440 9th Ave., New York, NY 10001 and to you at the email address you provide to us. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you. In such case, notice shall be deemed given 3 days after the date of mailing.

Arbitration. Any controversy or claim between you and us or our subsidiaries and affiliates, and our officers, directors and employees, arising out of or relating to this Agreement or your use of this website, shall be settled by binding arbitration, before a single arbitrator, in accordance with the commercial arbitration rules of JAMS which shall administer the arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration.

Taxes. You are responsible for paying any taxes that may be assessed or otherwise due in connection with any transactions or purchases that you make through us or the website.

Copyright and Other Complaints. If you have any complaints regarding alleged copyright violations on this website, you must follow our DMCA Policy posted on this website. Other complaints about third party content posted on the website should be sent to

Duane Reade
440 Ninth Ave.
New York, NY 10001

customerservice@duanereade.com.

Click here for the DMCA Notice.

 

General.

Choice of Law, Headings and Non-waiver. This Agreement shall be exclusively construed, interpreted, governed and enforced in accordance with the laws of the State of New York, without regard to rules governing conflicts of laws, except that in underlying transactions involving commerce, the enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The parties further agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the State of New York. Either party's failure to act with respect to a breach does not waive the non-breaching party's right to act with respect to subsequent or similar breaches.

Severability. The invalidity of any portion of this Agreement will not affect the validity of any other provision and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of this Agreement is held to be invalid or unenforceable, the parties agree that the remaining provisions will be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. It is expressly understood, however, that the parties hereto intend each and every provision of this Agreement to be valid and enforceable and hereby knowingly waive all rights to object to any provision of this Agreement to the full extent permitted by law. Accordingly, if any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will, rather than be stricken in their entirety, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Entire Agreement; Amendment. This Agreement contains the entire Agreement of the parties relating to its subject matter and supersedes any prior or contemporaneous agreements, negotiations, correspondence, understandings or communications, whether oral or written. This Agreement may not be modified or amended except in writing, signed by both parties, or as otherwise provided herein. Because of changes in Internet technology and practices, this Agreement and our security and other policies may change from time to time. Please consult this portion of the website for important changes to the Agreement as they occur. Unless otherwise provided in a separate written agreement between you and us, by using the website after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive. If at any time you choose not to accept the terms of this Agreement, you will not use the website. This Agreement applies to your use of this website or other sites that we may own or operate in the future, unless such sites provide otherwise.

Continuing Cooperation. The parties agree to execute any documents or perform such other and further acts as are reasonably necessary to comply with the letter and spirit of this Agreement.

 

PRIVACY POLICY

PLEASE READ THIS PRIVACY POLICY CAREFULLY.

By accessing or otherwise using this website, you agree to be bound contractually by this Privacy Policy.

PRIVACY POLICY
Effective Date: January 4, 2010

1. Modification of Privacy Policy. We reserve the right to modify this Privacy Policy at any time, and without prior notice, by posting amended terms on this website. Your continued use indicates your acceptance of the amended Privacy Policy. You should check this Privacy Policy periodically for modifications by referencing the Effective Date posted above.

2. Privacy Statement. Duane Reade (referred to as "we", "us", "our" or similar terms) operates this website. We regard the privacy and security of ser information as a critical component of the service that we offer to our users. The following information explains our information gathering and dissemination practices.

3. Registration Data. We reserve the right to require you to register to receive certain benefits or services and to provide certain registration data including your name, gender, birth date, country, zip code, time zone and email address ("Registration Data").

4. Use of Registration Data; Opt-Out And Discontinue For Emails. Duane Reade values your privacy. Duane Reade will not release personal information about you unless authorized by you or required by law. Duane Reade will not sell or give specific information about you to manufacturers or direct marketers. We reserve the right to use Registration Data to tailor our website to your particular needs. We also reserve the right to use Registration Data to send you emails specific to the website and required for the normal functioning of the website, plus additional emails, subject to your right to opt-out and discontinue such emails. To do this we may use outside agents to help process and send these emails. These agents are bound to strict confidentiality. We reserve the right to use demographic and profile information to tailor your experience at our site, showing you the content that we think you might be interested in as well as displaying the content according to your preferences.

5. Cookies. Cookies are pieces of information that a website transfers to your computer's hard disk for record-keeping purposes. Cookies in and of themselves do not personally identify users, although they do identify a user's computer. Most browsers are initially set up to accept cookies. If you prefer, you can set your browser to refuse cookies. However, you may not be able to take full advantage of a website if you do so. We reserve the right to use cookies to collect demographic and profile data for purposes of delivering content specific to your interests. Advertisers that display ads on our website may also use cookies; however we do not have access to the information obtained from cookies issued from other sites.

6. IP Addresses. IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as "traffic data" so that data (such as the web pages you request) can be sent to you. We will not use your IP address to attempt to identify your personal information.

7. Referers. A Referer is the information passed along by a web browser that references the Web URL you linked from, and is automatically collected by our web server as "traffic data". We reserve the right to use this information to identify broad demographic trends that may be used to provide information tailored to your interests. You will not be personally identified from this information.

8. System Information. System information that we collect as part of "traffic data" includes time, the type of web browser being used, the operating system/platform, and CPU speed. This information is sent automatically by your web browser when you are connected to a website. We reserve the right to use this information for purposes of identifying broad demographic trends and may be used to provide information appropriate for your computer system. You will not be personally identified from this information.

9. Sharing of Information. We feel strongly that your personal data should only be seen by you, unless you choose to share it with others. We will never sell, rent, license or exchange personally identifiable data with a third party without your permission, except as otherwise provided. No personally identifiable data or information will be shared with advertisers or partners without your permission. Some of your information may be shared on an aggregate basis only, as a part of a larger set of statistics (for example, statistics that indicate the percentage of our members that are female), but that information will not be sufficient to permit the recipient to identify you. Notwithstanding the forgoing, and except as otherwise provided, we will only disclose personally identifiable data without your permission in the following limited circumstances: (i) if we are required to do so by law or (ii) if we have the good faith belief that such action is necessary to conform to applicable laws or comply with legal process served on us, or to protect and defend this website's rights or property or the rights or property of an account holder of this site.

10. Other Web Sites, Links, And Advertisers. This website contains links to other websites. We reserve this right to have advertisers or other third parties on this website who may also have links on this website and may link to this website. The privacy practices of advertisers or web sites linked to this website are not covered by this privacy statement, and we are not responsible for the privacy practices or the content of such websites. Additionally, if you make a purchase from a store or merchant listed on or linked to this website, any information that you give, such as your credit card number and contact information, is provided to those merchants. These merchants have separate privacy and data collection practices, and we have no responsibility or liability for these independent policies. You should be careful to review any privacy policies posted on any of these sites before signing up with and using them.

11. Security. Information collected by this website is stored in secure operating environments that are not available to the public. Our employees are required by us to maintain and uphold your privacy and security and are aware of our privacy and security policies. Unfortunately, no data transmission over the Internet can be guaranteed 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

12. Update/Edit. Registered users may update or edit their account and personal information previously entered by following these instructions: log in, click on the link "Update Your Account"; then view and modify your personal data per the instructions provided on the linked page.

13. No Liability for Acts of Third Parties. Although we will use reasonable efforts to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the Internet cannot be made absolutely secure. We will have no liability for disclosure of information due to errors in transmission or unauthorized acts of third parties. In addition, we will release specific information about you to comply with any valid legal process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of security or a physical threat to you or others.

Please note that if you give out personal identification information online -- that information can be collected and used by third parties. Although we strive to protect our users' privacy, we cannot guarantee the security of information you post in these forums. You disclose such information at your own risk.

14. Transfer of Your Information. As we continue to develop our business, we might acquire or buy other businesses or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that all or substantially all of our business or assets are acquired, both personally identifiable and non-personally identifiable user and customer information will be one of the transferred assets.

15. A Note to Children and Parents: We intend that this website be used by adults only. Children: Before sending any information about yourself over the Internet to us or anyone else, be sure to ask your parents for permission. Parents: We recommend that parents take an active role in their children's use of the Internet. We encourage you to talk to your children about safe and responsible use of their personal information while using the Internet. If a child has provided us with personally identifiable information, a parent or guardian of that child may contact us at the e-mail address, phone or mailing address provided by this website if they would like this information deleted from our records. We will use reasonable efforts to delete the child's information from our databases.

16. Contact Us/Opt Out. If you have submitted personally identifiable information through this website, or if someone else has submitted your personally identifiable information, and you would like to review, request changes or have that information deleted from our databases, please contact us via e-mail or send a letter to our Privacy Compliance Coordinator at the address indicated below. We will then use reasonable efforts to change or remove your personally identifiable information from our files, unless we are entitled or required to retain it pursuant to other agreements or by law. You may also contact us through either of the above methods to request or review the personally identifiable information that we have collected about you. We will use reasonable efforts to supply you with this information and correct any factual inaccuracies in this information. Our contact information is as follows:

Duane Reade
440 Ninth Ave.
New York, NY 10001

Email: customerservice@duanereade.com
Telephone: 212-273-5500

 

DMCA Notice

If you have a copyright infringement claim regarding any materials or content posted on our website, you are directed to file a copyright infringement notice with us by sending a written communication that includes substantially the following information (please consult your attorney or review § 512(c)(3) of the United States Copyright Act to confirm the accuracy of these requirements):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
Duane Reade
440 Ninth Ave.
New York, NY 10019
Att: DMCA Complaint Coordinator
Email: customerservice@duanereade.com

Please also note that under § 512(f) of the United States Copyright Act, any person who knowingly makes a material misrepresentation that activities or materials are infringing a copyright may be subject to liability.

 

Counter-Notification.

If you elect to send us a counter notice in response to a copyright claim, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your attorney or review § 512(g)(3) of the United States Copyright Act to confirm the accuracy of these requirements):

(A) A physical or electronic signature of the user.

(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(C) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(D) The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which we may be found, and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
Duane Reade
440 Ninth Ave.
New York, NY 10019
Att: DMCA Complaint Coordinator
Email: customerservice@duanereade.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly makes a material misrepresentation that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Please also be advised that it is our policy to terminate users' access to and use of this website in appropriate circumstances, where such users are repeat copyright infringers.