Serving California Since 2003
Terms of Use
The rules that govern your use of deltadrugs.com
deltadrugs.com
1. About These Terms
This website, deltadrugs.com (the "Website"), is operated by Delta Drugs II, Inc., doing business as Delta Drugs ("Delta Drugs," "we," "us," or "our"), a California-licensed pharmacy located at 437 Fernando Court, Glendale, California 91204.
By using the Website, you agree to these Terms of Use ("Terms"). Our Privacy Policy also applies to your use of the Website.
Our Notice of Privacy Practices describes your rights regarding your health information and our obligations under federal and California law. It is a separate legal notice, not part of these Terms, and nothing in these Terms limits it or your rights under it.
If you are using the Website on behalf of an organization, you confirm that you are authorized to accept these Terms on its behalf.
2. Changes to These Terms
We may update these Terms. When we do, we will change the "Last Updated" date at the top of this page.
If we make a change that meaningfully affects your rights, we will post a clear notice on the Website home page for at least 30 days before that change takes effect. Changes are not retroactive and do not apply to anything that happened before they took effect.
3. This Website Does Not Provide Medical Advice
The Website is provided for general informational purposes. It describes the products and services we provide, lists categories of items we are able to supply, and offers ways to contact us.
Nothing on the Website is medical advice. Product descriptions, catalog listings, category pages, nutrition and formula information, and any other content are not medical, nutritional, pharmaceutical, legal, or other professional advice, and are not a substitute for the consultation, diagnosis, or treatment of a qualified healthcare provider.
Always talk to your physician, pharmacist, registered dietitian, or another qualified healthcare provider of your own choosing before making a healthcare decision, before starting or changing any nutrition product or formula, and before acting on anything you read here. Never disregard or delay professional medical advice because of something you read on this Website.
Using this Website does not by itself create a provider-patient or pharmacist-patient relationship between you and Delta Drugs. If you are already a Delta Drugs patient, your relationship with us and our professional responsibilities to you are unchanged by these Terms.
4. Medical Emergencies
This Website is not for emergencies. If you are having a medical emergency, call 911 or go to the nearest emergency room immediately.
Do not use the Website, its contact forms, or email to report an emergency, an adverse reaction, or an urgent clinical concern. We do not monitor the Website continuously and cannot respond to urgent matters submitted through it. For anything urgent, call us at (800) 700-6401.
5. Please Do Not Send Health Information Through This Website
The Website is not intended for sending health information. Please do not enter patient names, prescriptions, medical records, diagnoses, insurance details, or other sensitive health information into a contact form or send it to us by ordinary email.
The Website has no patient accounts and no patient records, and it is not designed to collect health information. If you send us health information anyway, we will treat it as protected health information and handle it in accordance with our Notice of Privacy Practices and applicable federal and California law. Information you submit through a contact form is used to respond to your inquiry and for related recordkeeping.
Ordinary email may not provide the same protections as our secure channels and should not be used to transmit sensitive patient information.
Healthcare organizations sending patient information to Delta Drugs should use Delta Connect, our secure referral portal at connect.deltadrugs.com, our dedicated referral fax line at (866) 700-6401, or telephone at (800) 700-6401.
6. Delta Connect Is Governed Separately
These Terms govern only your use of the public Website at deltadrugs.com.
They do not govern Delta Connect, our password-protected referral portal at connect.deltadrugs.com. Access to and use of Delta Connect is governed by the separate Delta Connect Portal Terms of Use and by any written agreement between Delta Drugs and your organization. Where these Terms and the Delta Connect Portal Terms of Use both address the portal, the Delta Connect Portal Terms of Use control.
Your relationship with us as a patient or customer — dispensing, delivery, billing, and the privacy of your health information — is governed by applicable pharmacy and privacy law and by our Notice of Privacy Practices, not by these Terms.
7. Product Information, Availability, and Insurance Coverage
Catalog listings are information, not offers. Product catalogs and item listings describe categories of items we are generally able to supply. A listing is not an offer to sell, a statement that an item is in stock, or a commitment to supply it to any person.
Availability changes. Product availability depends on manufacturer supply, national backorders, formulary changes, and other conditions outside our control. Manufacturers may discontinue, reformulate, or rename products at any time.
Nothing here determines your insurance coverage. The appearance of a product on the Website does not mean Medi-Cal, Medicare, a Medi-Cal managed care plan, or any other payer will cover it, authorize it, or pay for it for any particular patient. Coverage and payment are determined by the payer under its own rules, and may require a prescription, prior authorization, a Treatment Authorization Request, or documentation of medical necessity. Anything we say about coverage is a general description of how a program typically works, not a benefits determination for you.
Many items require a prescription or physician order and may be dispensed only as California and federal law allow.
Errors happen. The Website may contain typographical errors, inaccuracies, or omissions in product names, descriptions, codes, and specifications. We may correct any error and change or update information at any time without notice.
8. Content and Trademarks
The Website and its content — text, page designs, layouts, our own graphics and photographs, our product catalogs, and the selection, arrangement, and categorization of the items in them — belong to Delta Drugs and are protected by copyright, trademark, and other intellectual property laws.
"Delta Drugs," "Delta Connect," and the Delta Drugs logo are trademarks or service marks of Delta Drugs.
Manufacturer names, product names, packaging images, and product descriptions belong to their respective owners, and their appearance on the Website does not indicate any affiliation with, sponsorship by, or endorsement by those owners.
Your license. You may access and view the Website, and print or download individual pages, for your own personal, non-commercial use, or for the internal use of a healthcare organization evaluating our services. Any other use — including copying, reproducing, or redistributing our catalogs or their arrangement, in whole or in substantial part — requires our prior written permission.
9. Acceptable Use
You agree not to:
(a) Use any robot, spider, crawler, scraper, screen-scraping or data-mining tool, bot, or other automated process — or any manual process designed to accomplish the same result — to systematically retrieve, copy, index, or gather the Website's content;
(b) Compile our catalogs or their arrangement, in whole or in substantial part, into any other collection, database, directory, or catalog;
(c) Use the Website or its content to build, market, or improve a competing product or service;
(d) Reverse engineer, decompile, or attempt to derive the source code or underlying structure of the Website;
(e) Attempt to gain access to Delta Connect, or to any Delta Drugs server, network, account, or non-public system, without permission, or circumvent, disable, or test any security measure;
(f) Introduce any virus, worm, or other malicious code, or take any action that places an unreasonable load on the Website or interferes with its proper working;
(g) Harvest or collect information about other visitors, or use the Website to send unsolicited commercial messages;
(h) Frame or mirror the Website, or use our trademarks in meta tags or hidden text to divert traffic or suggest an affiliation that does not exist;
(i) Remove or alter any copyright, trademark, or other proprietary notice; or
(j) Use the Website for any unlawful purpose.
This Section is not intended to restrict ordinary browsing, standard search engine indexing, assistive technology used to access the Website, or web archiving.
Attempting to gain access without permission to Delta Connect, or to any Delta Drugs server, network, account, or non-public system, may violate California law including California Penal Code § 502, and we may refer it to law enforcement. We also reserve all rights and remedies available to us under copyright, trademark, trade secret, and unfair competition law for misuse of the Website or its content.
10. Links to Other Websites
The Website may link to websites operated by others, including manufacturers, payers, and government agencies. Those websites are not under our control. We link to them as a convenience, and doing so does not mean we endorse, sponsor, are affiliated with, or have reviewed them.
We are not responsible for the accuracy, legality, privacy practices, or content of any third-party website. Your use of them is at your own risk and subject to their own terms and privacy policies.
11. Feedback
If you send us questions, comments, suggestions, or ideas about the Website or our services, we may use them for any purpose without compensation or obligation to you, and we do not treat them as confidential. Please do not send us anything you consider proprietary.
This Section applies only to feedback about the Website or our services. It does not apply to any health information, patient identifier, prescription, or other protected health information you send us, even by mistake or contrary to Section 5. We handle any such information under our Notice of Privacy Practices and applicable law, and never as feedback under this Section.
12. Availability and Disclaimer of Warranties
We do not promise the Website will be available at any particular time or without interruption, and we may modify, suspend, or discontinue it or any part of it at any time.
THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES RELATING TO THE WEBSITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE.
These disclaimers apply to this Website and its content only. They do not apply to any product we dispense or supply to you, or to the professional pharmacy services we provide. Your rights regarding products and pharmacy services are governed by applicable law, including the California Song-Beverly Consumer Warranty Act, and are not limited by these Terms.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, DELTA DRUGS AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS WEBSITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded, including liability for fraud, willful injury, gross negligence, willful misconduct, or any violation of law, whether willful or negligent. Some jurisdictions do not allow certain exclusions or limitations, so parts of this Section may not apply to you.
This Section governs the Website only. It does not limit our responsibilities as a licensed pharmacy for the products we dispense or the professional services we provide, which are governed by applicable law.
14. Indemnification
If you use this Website in a way that breaks these Terms or the law, you agree to defend Delta Drugs and its owners, officers, employees, and agents against any resulting third-party claim, and to pay any resulting loss, damage, judgment, settlement we approve, and reasonable attorneys' fees. This applies to claims arising out of: (a) your breach of these Terms; (b) your violation of any applicable law in connection with the Website; or (c) your infringement of a third party's intellectual property or privacy rights.
This Section does not apply to any claim caused by Delta Drugs' own act, omission, or negligence, or to any claim arising from pharmacy services we provide to you.
We will notify you promptly of any claim we ask you to defend, and we may participate in the defense with our own counsel at our own expense. You may not settle any claim in a way that imposes an obligation on Delta Drugs or admits fault on our behalf without our prior written consent.
15. Suspension of Access
We may restrict or suspend access to the Website, in whole or in part, at any time, including for any suspected violation of these Terms.
Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, and 17, and any other provision that by its nature should survive, remain in effect after any suspension or after you stop using the Website.
16. Governing Law and Venue
These Terms, and any dispute arising out of or relating to them or to the Website, are governed by the laws of the State of California, without regard to its conflict-of-laws principles.
Any such dispute will be brought in the state courts located in Los Angeles County, California, or, where federal jurisdiction exists, in the United States District Court for the Central District of California.
These Terms do not require arbitration. Nothing in this Section limits either party's right to seek injunctive or other equitable relief.
17. General
Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or removed, and the rest remains in effect.
No waiver. If we do not enforce a provision, we have not waived our right to enforce it later.
Assignment. We may assign these Terms in connection with a sale or reorganization of the business. You may not assign them without our written consent.
No third-party beneficiaries. These Terms create no rights in anyone else.
Independent parties. Nothing here creates a partnership, joint venture, employment, or agency relationship.
Electronic communications. If you contact us electronically or ask us to communicate with you electronically, you agree that we may respond electronically and that electronic communications satisfy any requirement that a communication be in writing.
Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including manufacturer shortages, natural disasters, utility or network failures, labor disruptions, and acts of government.
Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and Delta Drugs regarding your use of the Website. They do not affect the Delta Connect Portal Terms of Use, our Notice of Privacy Practices, or any separate agreement between us.
18. Accessibility
Delta Drugs wants this Website to be usable by everyone. We use the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as our reference standard and work to improve accessibility over time. Some third-party components embedded in the Website may not be fully accessible.
If you have trouble using any part of this Website, or need information from it in another format, please tell us and we will help you and work to fix it.
Call (800) 700-6401 or email access@deltadrugs.com.
19. Contact Us
Delta Drugs
437 Fernando Court
Glendale, California 91204
Telephone: (800) 700-6401
Fax: (866) 700-6401
Email: admin@deltadrugs.com
Monday through Friday 9am to 6pm, Saturday 9am to 2pm
For privacy questions, see our Notice of Privacy Practices, or contact the Delta Drugs Privacy Officer at privacy@deltadrugs.com or (800) 700-6401.