These Terms of Service (the “Terms”) govern your access to and use of the website located at premiumcompounding.com (the “Website”) and the products, prescription fulfillment, compounding, pharmacy, and related services (collectively, the “Services”) made available by Premium Compounding Pharmacy LLC (“Premium Compounding Pharmacy,” “we,” “us,” or “our”). Premium Compounding Pharmacy LLC is a licensed pharmacy organized under the laws of the State of Alabama with its principal place of business at 3220 US-31 S, Bldg A-2, Decatur, Alabama 35603.
Please read these Terms carefully. By accessing or using the Website or Services, creating an account, submitting a prescription, placing an order, or otherwise indicating your acceptance, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, Notice of Privacy Practices, and any other policies referenced herein, all of which are incorporated by reference. If you do not agree to these Terms, you must not access or use the Website or Services.
IMPORTANT: These Terms contain a binding arbitration provision and a class action waiver in Section 23 that affect your legal rights. Please review that section carefully.
“Compounded Medication” means a medication that is prepared, mixed, assembled, packaged, or labeled by the pharmacy pursuant to a valid prescription, tailored to the needs of an individual patient, and that is not an FDA-approved finished drug product manufactured by a commercial pharmaceutical manufacturer.
“Covered Entity” has the meaning given under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (collectively, “HIPAA”). Premium Compounding Pharmacy LLC is a Covered Entity.
“PHI” or “Protected Health Information” means individually identifiable health information that is created, received, maintained, or transmitted by us in connection with providing the Services, as defined under HIPAA.
“Provider” means a licensed physician or other healthcare practitioner authorized to prescribe medications, whether that practitioner is your own personal physician or a practitioner affiliated with a telehealth provider with whom we work.
“You” or “User” means any individual who accesses or uses the Website or Services, including patients, caregivers, and authorized representatives.
The Website and Services are intended solely for individuals who are at least eighteen (18) years of age and who are physically located within the State of Alabama at the time of use, or who are otherwise lawfully eligible to receive our Services. By using the Services, you represent and warrant that you are at least 18 years old, that you have the legal capacity to enter into a binding agreement, and that all information you provide is truthful, accurate, and complete.
We do not knowingly direct the Website or Services to, or knowingly collect personal information from, children under the age of 13. If a medication is intended for a minor, it must be ordered and managed by a parent or legal guardian who accepts these Terms on the minor’s behalf and who is responsible for the minor’s care.
Premium Compounding Pharmacy LLC is a compounding pharmacy licensed by the Alabama State Board of Pharmacy. We dispense prescription medications directly to patients pursuant to valid prescriptions. Our pharmacists and pharmacy staff are licensed and operate in accordance with applicable federal law and the laws and regulations of the State of Alabama.
Alabama Board of Pharmacy License No.: 115548
NABP / NCPDP No.: 147694
Questions regarding our licensure or pharmacy operations, and any request to verify our credentials, may be directed to us using the contact information in Section 26. The dispensing pharmacy’s physical address, telephone number, and contact details are displayed on the Website so that patients can readily access them.
Premium Compounding Pharmacy provides prescription compounding and dispensing services. At this time we dispense prescription medications only; we do not currently sell over-the-counter products, dietary supplements, or cosmetic or skincare products through the Services. The availability of any particular medication is subject to applicable law, professional judgment, the availability of pharmaceutical ingredients, and our policies.
We fill prescriptions in one of the following ways, depending on your circumstances: (a) you obtain a prescription from your own personal physician or healthcare practitioner, who transmits it to us for fulfillment; or (b) you are evaluated by a licensed Provider affiliated with a telehealth provider with whom we work, who, when medically appropriate and in their independent professional judgment, issues a prescription that we then dispense. In all cases, we dispense only pursuant to a valid prescription issued by a licensed practitioner following a legitimate practitioner-patient relationship as required by applicable law.
We dispense prescription medications only upon receipt and verification of a valid, lawful prescription issued by a licensed healthcare practitioner. We reserve the right, in our sole professional discretion and consistent with our legal and ethical obligations, to refuse to fill, to delay, or to decline any prescription order, including where we have concerns about the validity of a prescription, potential drug interactions, contraindications, suspected misuse, or where filling the order would violate applicable law or professional standards.
You are responsible for providing accurate and complete health information, including your medical history, current medications, allergies, and other information necessary for the safe dispensing of medications. Providing inaccurate or incomplete information may result in harm and may cause us to decline service. Our pharmacists are available to counsel you regarding your medications, and we encourage you to ask questions about any medication you receive.
Compounded Medications are prepared pursuant to a prescription for an individual patient. Compounded Medications are not reviewed by the U.S. Food and Drug Administration (FDA) for safety or efficacy, and the FDA does not verify the quality, safety, or effectiveness of compounded preparations in the way it does for commercially manufactured, FDA-approved drug products. Compounding is performed in accordance with applicable United States Pharmacopeia (USP) standards and Alabama Board of Pharmacy requirements.
Because Compounded Medications are customized, they may differ from commercially available products. You should use any Compounded Medication only as directed by your prescribing Provider and our pharmacist. Do not use a Compounded Medication for any purpose other than that for which it was prescribed.
The content on the Website, including any text, graphics, or other materials, is provided for general informational purposes only and does not constitute medical advice, diagnosis, or treatment. Use of the Website does not create a practitioner-patient relationship between you and Premium Compounding Pharmacy. Nothing on the Website is a substitute for professional medical advice from a qualified healthcare practitioner.
Always seek the advice of your physician or other qualified healthcare practitioner with any questions you may have regarding a medical condition or medication. Never disregard professional medical advice or delay seeking it because of something you have read on the Website. Any Provider who evaluates you exercises independent professional judgment and is solely responsible for the medical care and prescribing decisions they make.
The Website and Services are not intended for medical emergencies. If you are experiencing a medical emergency, call 911 immediately or go to the nearest emergency room. Do not rely on the Website or Services for urgent or emergency medical needs.
To use certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information and to keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to safeguard your credentials.
All prices for medications and Services are stated in U.S. dollars and are subject to change without notice. We strive to display accurate pricing, but errors may occur. If we discover a pricing or description error affecting your order, we reserve the right to cancel the order and, if already charged, issue a refund.
Payments are processed through our third-party payment processor, Vista Pay. By submitting a payment, you authorize us and our payment processor to charge the applicable amounts to your selected payment method. Your payment card and billing information are handled by the payment processor in accordance with its own terms and applicable payment-card-industry (PCI) standards. We do not store full payment card numbers on our systems. All payment transactions involving sensitive information are processed using Secure Sockets Layer (SSL) / Transport Layer Security (TLS) encryption.
You represent and warrant that you are authorized to use the payment method you provide and that the billing information you supply is true, accurate, and complete. You are responsible for any taxes associated with your purchase, except for taxes based on our net income.
We currently provide Services to patients located in the State of Alabama only. We do not ship medications to, or knowingly provide Services to, individuals located outside of Alabama. By placing an order, you represent that you are located in Alabama and that receipt of the medication at your delivery address is lawful.
Medications are shipped or delivered in accordance with applicable law, including any requirement that an adult be present and provide a signature upon delivery. Risk of loss for products passes to you upon delivery to the carrier, except as otherwise required by law. Delivery time estimates are not guaranteed, and we are not responsible for delays caused by carriers, weather, or other circumstances beyond our reasonable control.
For the safety of all patients and in compliance with state and federal law, prescription medications, including Compounded Medications, generally cannot be returned, exchanged, or resold once they have been dispensed and have left our pharmacy. This restriction exists because we cannot verify the integrity, storage conditions, or safety of a medication once it is out of our custody.
If you believe you received an incorrect medication, a damaged product, or a product that does not conform to your prescription, contact us promptly using the information in Section 26 so that we can investigate and, where appropriate and permitted by law, arrange a remedy. Refunds, where offered, are provided at our discretion and as required by applicable law. You may cancel an order before the prescription has been compounded or dispensed; once compounding or dispensing has begun, cancellation may not be possible.
You agree to use the Website and Services only for lawful purposes and in accordance with these Terms. You agree that you will not:
We reserve the right to investigate and take appropriate action, including suspending or terminating your access and reporting suspected unlawful activity to law enforcement or regulatory authorities.
Premium Compounding Pharmacy LLC is a HIPAA Covered Entity. We are committed to protecting the privacy and security of your personal information and your Protected Health Information. Our collection, use, storage, disclosure, and safeguarding of your information is governed by our Privacy Policy and our Notice of Privacy Practices, each of which is available on the Website and incorporated into these Terms by reference.
We maintain administrative, physical, and technical safeguards designed to protect PHI in accordance with the HIPAA Privacy Rule and Security Rule. We engage third-party service providers that support our pharmacy operations — including our pharmacy management and dispensing software providers — under agreements that require them to protect PHI consistent with applicable law, including business associate agreements where required by HIPAA. We disclose PHI to third parties only as permitted or required by applicable law.
By using the Services, you acknowledge that you have had the opportunity to review our Privacy Policy and Notice of Privacy Practices and that you understand how your information, including PHI, is collected and used. To the extent of any conflict between these Terms and our Notice of Privacy Practices regarding the handling of PHI, the Notice of Privacy Practices controls.
By creating an account, submitting a prescription, or placing an order, you consent to receive communications from us electronically, including by email, regarding your account, orders, prescriptions, and the Services. These transactional communications are part of your relationship with us and may be necessary for us to provide the Services.
We use a third-party platform to manage certain email communications and marketing. Where required by law, marketing communications will be sent only with your consent, and you may opt out of marketing emails at any time by following the unsubscribe instructions contained in those messages or by contacting us. Opting out of marketing communications will not affect transactional or service-related messages necessary to fulfill your orders. We do not currently send SMS or text-message communications as part of the Services.
The Website uses cookies and similar tracking technologies to operate the Website, remember your preferences, analyze traffic, and understand how visitors use the Website. We use analytics and advertising-related technologies, which may include Google Analytics and Meta (Facebook) tools, to help us measure and improve the performance of the Website and our communications.
These technologies may collect information such as your IP address, device and browser type, pages visited, and interactions with the Website. We configure our use of these technologies with the goal of protecting the privacy of health information, and we do not use the Website to knowingly share Protected Health Information with advertising platforms. We do not currently transmit customer data to advertising platforms for the purpose of targeted advertising. Further detail about the cookies and tracking technologies we use, and the choices available to you, is provided in our Privacy Policy and Cookie Policy. Where required, a cookie consent mechanism is provided on the Website.
The Website and its contents — including text, graphics, logos, images, page layouts, and software — are the property of Premium Compounding Pharmacy LLC or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. “Premium Compounding Pharmacy” and our logos are trademarks or service marks of Premium Compounding Pharmacy LLC. You may not copy, reproduce, modify, distribute, publicly display, create derivative works from, or otherwise exploit any portion of the Website or its contents without our prior written consent, except as expressly permitted by these Terms or applicable law.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use in connection with the Services. Any rights not expressly granted to you are reserved by us and our licensors.
The Website may contain links to, or integrate with, third-party websites, products, or services, including payment processors, telehealth providers, and technology vendors. We provide these links and integrations for your convenience and do not control, endorse, or assume responsibility for the content, products, services, privacy practices, or policies of any third party. Your dealings with any third party are solely between you and that third party, and you should review the applicable third party’s terms and privacy policies. We are not liable for any loss or damage arising from your use of any third-party website, product, or service.
THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PREMIUM COMPOUNDING PHARMACY DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. NOTHING IN THESE TERMS LIMITS ANY WARRANTY, REMEDY, OR PROTECTION THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING ANY RIGHTS YOU MAY HAVE UNDER ALABAMA LAW. THIS SECTION DOES NOT DISCLAIM ANY OBLIGATION WE HAVE UNDER THE STANDARD OF CARE APPLICABLE TO LICENSED PHARMACIES AND PHARMACISTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PREMIUM COMPOUNDING PHARMACY LLC, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY ARISING FROM OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING CLAIMS FOR PERSONAL INJURY OR DEATH TO THE EXTENT REQUIRED BY LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Premium Compounding Pharmacy LLC and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your misuse of the Website or Services; (c) your violation of any applicable law or the rights of any third party; or (d) any information you provide that is false, inaccurate, or incomplete. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with us.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. [ATTORNEY REVIEW RECOMMENDED.]
Informal Resolution. Before initiating any formal dispute resolution, you agree to first contact us using the information in Section 26 and to attempt in good faith to resolve the dispute informally. Most concerns can be resolved quickly and to your satisfaction this way.
Binding Arbitration. Except as otherwise provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Services that is not resolved informally shall be resolved by binding arbitration administered by a nationally recognized arbitration provider in accordance with its applicable rules. The arbitration shall be conducted in or from the State of Alabama, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator shall apply the substantive law of the State of Alabama.
Class Action Waiver. To the fullest extent permitted by applicable law, you and Premium Compounding Pharmacy agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.
Exceptions. Notwithstanding the foregoing, either party may bring an individual claim in small claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information. Nothing in this Section prevents you from filing a complaint with, or seeking relief from, any governmental or regulatory agency, including the Alabama State Board of Pharmacy or the U.S. Department of Health and Human Services. This Section does not waive any right or remedy that cannot be waived under applicable law.
Opt-Out. If you do not wish to be bound by this arbitration provision and class action waiver, you may opt out by sending written notice to us at the address in Section 26 within thirty (30) days of first accepting these Terms, clearly stating your name, address, and intent to opt out. Opting out will not affect any other provision of these Terms.
These Terms and any dispute arising out of or relating to them, the Website, or the Services are governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict-of-laws principles. Subject to the arbitration provision in Section 23, you agree that any action that is permitted to proceed in court shall be brought exclusively in the state or federal courts located in or serving Morgan County, Alabama, and you consent to the personal jurisdiction and venue of those courts.
Premium Compounding Pharmacy retains patient and prescription records for as long as required under applicable federal and Alabama state laws and regulations, and for such additional period as is reasonably necessary for our legitimate business, legal, and compliance purposes. Additional information about how we retain and dispose of records, including PHI, is described in our Privacy Policy and Notice of Privacy Practices.
If you have questions about these Terms, the Website, or the Services, or if you need to contact us for any reason described in these Terms, please reach us at:
Premium Compounding Pharmacy LLC
3220 US-31 S, Bldg A-2, Decatur, AL
35603
Telephone: (256) 309-7451
General inquiries: support@premiumcompounding.com
Privacy
requests: privacy@premiumcompounding.com
We may update or modify these Terms from time to time to reflect changes in our Services, technology, or applicable law. When we make changes, we will revise the “Last Updated” date at the top of these Terms and, where appropriate, provide additional notice. Your continued use of the Website or Services after the effective date of any revised Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically.
We may suspend or terminate your access to the Website or Services, in whole or in part, at any time and for any reason, including if we believe you have violated these Terms or applicable law, or where necessary to comply with our legal or professional obligations. Upon termination, the provisions of these Terms that by their nature should survive — including Sections 15 (Privacy/HIPAA), 18 (Intellectual Property), 20–22 (Disclaimers, Limitation of Liability, Indemnification), 23–24 (Dispute Resolution and Governing Law), and 25 (Recordkeeping) — will continue to apply.
Entire Agreement. These Terms, together with our Privacy Policy, Notice of Privacy Practices, and any other policies referenced herein, constitute the entire agreement between you and Premium Compounding Pharmacy regarding the Website and Services and supersede any prior agreements on the same subject matter.
Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions will continue in full force and effect.
Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.
Force Majeure. We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemics or public-health emergencies, labor disputes, supply shortages, utility or carrier failures, or governmental action.
No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights, except as expressly stated herein.
Headings. Section headings are provided for convenience only and do not affect the interpretation of these Terms.
By accessing or using the Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
This document is a template prepared for Premium Compounding Pharmacy LLC and is provided for general informational purposes only. It does not constitute legal advice. Bracketed items must be completed before publication. Premium Compounding Pharmacy LLC should have this document, together with its Privacy Policy and Notice of Privacy Practices, reviewed by a licensed attorney familiar with pharmacy, telehealth, HIPAA, and Alabama law before it is published or relied upon.