Terms of Use

(In-Store Only)

 

 

Notice: These Terms of Use apply exclusively to Similandia physical retail locations. The Similandia website does not offer products or services for sale online. Accessing or browsing this website does not constitute acceptance of these Terms.

 

Last Modified: March 12, 2026

 

IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND SIMILANDIA ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

 

1.     Acceptance of the Terms of Use

 

These Terms of Use are entered into by and between you and Farmacias de Similares CA LLC dba Similandia (“Similandia”, “Company”, “we”, or “us”). The following terms and conditions (collectively, “Terms of Use”) govern your access to our premises, as well as the use of the services, products, features and any other commercial activities offered by Similandia in its physical retail Establishment (“Establishment”), whether as a registered customer or as a visitor.  

 

Please read the Terms of Use carefully before using or entering the Establishment. By visiting, accessing, purchasing from, or otherwise using the services, products, or facilities offered at any Similandia physical retail location (“Establishment”), you acknowledge, accept, and agree to be bound by these Terms of Use.

 

For the avoidance of doubt, these Terms of Use do not govern the use of the Similandia website and are provided online solely for informational and reference purposes.

 

If you do not agree to these Terms of Use, you must not enter, access, or use the establishment or any services offered within it.  

 

THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION, JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. PLEASE REVIEW THESE PROVISIONS CAREFULLY.

 

This Establishment is offered and made available to individuals who are eighteen (18) years of age or older. However, minors are permitted to enter Establishment only when accompanied by a parent, legal guardian, or other responsible adult. Only individuals who are eighteen (18) years of age or older may register, access services, participate in promotions, or engage in any activity that involves entering into an agreement with Similandia. By entering or using the Establishment, you represent and warrant that you meet the applicable age requirements or that you are responsible for accompanying a minor during their visit.  

 

In the event of purchase any of our or products or use any of our services within the Establishment, you agree that you will not use our materials or products for any illegal or unauthorized purpose. If you are in a jurisdiction or territory where the purchase, possession, or use of our products or services is illegal, you must not access, purchase, or use them within the establishment. Similandia bears no liability for your violation of applicable laws, and you assume any risk associated whit the use of the products or services you obtain.

 

By entering or using the Establishment, you represent and warrant that you are of legal age to enter a binding contract with Similandia and that you meet all eligibility requirements described above. If you do not meet all such requirements, you must not enter, use, or make purchases within the Establishment.

 

2.     Changes to the Terms of Use

 

Similandia may revise and update these Terms of Use from time to time in its sole discretion. All changes become effective immediately upon being made available at the Establishment, whether through posted notices, printed material or other means of communication implemented by Similandia and shall apply to all access to and use of the Establishment following the availability of revised Terms of Use means that you accept and agree to the changes. You are expected to review these Terms of Use regularly when visiting the Establishment so that you are aware of any updates, as they are binding upon you. Your continued presence in or use of the Establishment after any updates to this Agreement constitutes notice and acceptance of those updates.

 

Printed or posted versions of these Terms of Use available within the Establishment shall constitute the controlling version for purposes of in-store use.

 

3.     Accessing the Establishment

 

We reserve the right to withdraw or amend, at our sole discretion and without prior notice, any functionality of the Establishment. We will not be liable if for any reason all or any part of the Establishment becomes temporarily or permanently unavailable at any time or for any period. From time to time, we may restrict access to certain areas, services, or activities within the Establishment.

 

We may require you to create a customer account, register, or provide certain information to access specific services or benefits within the Establishment.  You agree to maintain confidentiality of any access information or credentials provided to you, and you agree not to share them with any third party. We reserve the right to suspend or terminate your account or to modify the information associated with it, if we deem it appropriate and at our sole discretion.

 

4.     Changes in the Establishment

We may modify, replace, or update any product, service, feature, display, signage, informational material, or other content within the Establishment from time to time. The information or materials available at the Establishment may not always be complete, current or up to date.  Any portion of the materials or information provided in the Establishment may be outdated at any given time, and we are under no obligation to update or revise such materials.

5.     Purchases

 

When making a purchase at our Establishment, you are offering to buy our products, goods, and/or services.

 

We reserve the right, at our sole discretion, to accept or reject any purchase. In the event it is accepted, you will receive a printed receipt or other proof of purchase at the time of checkout, using the contact information you provide, if applicable.  

 

5.1  Payment Terms

 

All applicable prices are set forth alongside the goods, products, and services offered in the Establishment. These prices may differ from those offered at other points of sale or through other channels and may be modified at any time at Similandia’s discretion. The price applicable to your purchase will be the one shown at the payment at the checkout counter. You will be responsible for the prices displayed at the time of your transaction, as well as any sales, use, exercise, and related taxes. Payment may be made with cash, a valid credit card, debit card, or use of a bona-fide third party electronic payment provider, such as digital wallet. Currently, our accepted credit cards include, but are not limited to, Visa, Mastercard, Discover, and American Express. By using any such card or payment provider, you represent and warrant that you have authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation. Similandia reserves the right to correct any pricing errors, even after the initial purchase order or fulfillment, and to limit or prohibit orders that appear to be placed by resellers, distributors, or dealers.

5.2  Returns

Similandia Return Policy can be found in the corresponding notice available in the Establishment. The Company will dispute and pursue any fraudulent chargebacks for credit or debit card purchases. Return eligibility, conditions, and timelines may vary depending on the product category, promotional nature, or applicable health and safety regulations, and shall be governed by the Return Policy in effect at the time of purchase.

 

Similandia carefully inspects products before making them available to customers and takes the necessary precautions to ensure they are in optimal condition. However, we understand that products that are handled may be subject to damage. We ask that you review your purchase at the time you receive it to confirm that it has not suffered any damage.

 

 

6.     Discount Codes

 

Discount codes have no cash value. Discount counts cannot be redeemed for cash and cannot be combined with any other offers. Orders are limited to use of one discount code. Discount codes generally expire and are no longer valid for redemption ninety (90) days after their date of generation, but certain discount codes may have their own redemption period as specified in connection with the discount code itself. Unauthorized reproduction, resale, modification, or trade of discount codes is prohibited. Discount codes are void where prohibited, taxed, or restricted. Similandia reserves the right to change or limit discount codes in its sole discretion.

 

7.     No Substitute for Medical Advice or Care

 

Certain materials, products, and/or ingredients in our products may not have been approved or endorsed by the United States Food and Drug Administration (“FDA”) or any regulatory agency. The products are not intended to diagnose, treat, mitigate, cure, or prevent any disease. Any information provided in the Establishment -whether verbally by staff or through brochures, labels, or other information material- is for educational purposes only and is not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, you should consider consulting with a physician before using any of our products.

 

8.     Health Content

 

The information available in the Establishment is for reference purposes only and should never be used to determine treatment for any medical condition. Any materials or products offered in the Establishment are not substitutes for medical advice, diagnosis, or treatment. You should discuss any questions you may have regarding medical advice, diagnosis, or treatment with a licensed professional health care professional. Treatment of any health condition dependent on several factors, including, but not limited to, your medical history, medication, diet, lifestyle, and more. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a supplement, fitness, or diet.

Any information or statements about dietary supplements provided in the Establishment have not been evaluated by the US Food and Drug Administration and are not intended to diagnose, treat, cure, mitigate, or prevent any disease or health condition. The Establishment may relay manufacturers or others’ claims about the products, including but not limited to, claims related to their efficacy. Similandia expressly does not endorse, recommend, guarantee, or warrant any third-party claims about the products. Similandia disclaims any guarantee or warranty, whether express or implied, with respect to the Website and products offered in the Establishment, including any warranty of merchantability or fitness for a particular purpose.

9.     Intellectual Property Rights

 

The Establishment and its contents, features, and functionality, including, but not limited to, all information, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Similandia, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use and incorporated policies permit you to use the information and material available in the Establishment solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, download, Establishment, or transmit any material found within the Establishment.

 

All third-party intellectual property (including word marks, logos, and icons) referenced or displayed in the Establishment remains the property of their respective owners. Similandia display or use of third-party trademarks does not indicate any relationship, sponsorship, affiliation, or endorsement between Simialndia and the owners of these trademarks. Nothing in the Establishment should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any third-party trademark. Any references in the Establishment to third-party goods and/or services and shall be considered nominative fair use under the trademark law.

 

10. Copyright Infringement

 

Similandia respects the intellectual property of others and expects our customers and visitors to do the same. We take complaints of copyright infringement seriously and will respond to notices that comply with applicable law.

 

Similandia respects the intellectual property rights of others and maintains internal procedures to address claims of copyright infringement related to materials displayed, distributed, or used within its physical retail Establishment.

            10.1 Reporting Claims of Copyright Infringement

If you are a copyright holder, or its authorized representative, and believe in good faith that content displayed, used, or distributed within our physical retail premises infringes you  copyrighted work, you may submit a notice of copyright infringement by sending written notice of copyright infringement to our designated agent (“Agent”) electronically at customerservice@drsimi.com or via mail to:

Farmacias de Similares CA LLC dba Similandia.

ATTN: DMCA Agent

6818 Hollywood Blvd, Los Angeles, CA 90028, United States 

Your notice of copyright infringement should provide the following information:

1.     Clear identification of the copyrighted work you claim has been infringed (if multiple copyrighted works are covered by a single notification, you may provide a representative list).

2.     A description of the material within our Establishment that you believe is infringing.

3.     Information reasonably sufficient to allow us to locate the material, including the exact location inside the Establishment (e.g., area, aisle, section, display or specific printed item).   

4.     Your contact information, including your physical address, telephone number, postal address, and e-mail address.

5.     A statement that you have a good faith belief that use of the copyrighted materials in the manner asserted is not authorized by the copyright owner, its agent, or the law

6.     A statement, under penalty of perjury, that the information in the notification is accurate, and that you are the copyright owner or authorized to act on the owner´s behalf.

7.     A statement affirming the accuracy of the information contained in the written notice.

8.     Your physical or electronic signature (typing your full legal name is sufficient).

 

Please do not send any information to our Agent other than what is specifically requested above.

Note that if your notice does not include all required elements under applicable copyright law, it may not be effective. If you knowingly and materially misrepresent that content within the Establishment infringes your copyright, you may be held liable for damages under applicable law.

If notice is valid, we may forward the notice or its contents, along with the complainant’s contact information, to the internal personnel responsible for the allegedly infringing material.

            10.2 Counter-Notification Procedures

If you believe that material displayed or placed within our Establishment was removed or modified due to a mistake or misidentification, you may file a counter-notice by submitting written notification to our designated copyright agent using the contact details previously provided.  The Counter-Notice must include the following:

1.     Your physical or electronic signature.

2.     An identification of the material that was removed or altered, along with the exact location where the material appeared before removal or modification.

3.     Sufficient information to allow us to contact you (including your name, postal address, telephone number, and, if available, email address).

4.     A statement made under penalty of perjury that you have a good faith belief that the material was removed or altered because of a mistake or misidentification; and

5.     A statement confirming your willingness to cooperate with our internal review processes and to accept communications from the person (or their agent) who submitted the original notice regarding the material at issue.

Please be aware that if you knowingly and materially misrepresent that material or activity within the Establishment was removed or modified due to a mistake or misidentification, you may be held liable for any resulting damages (including costs and attorneys' fees) under applicable California law.

            10.3 Repeat Infringements

It is also the policy of Similandia, when appropriate and at its sole discretion, to restrict, suspend or prohibit access to our premises or services for individuals who repeatedly engage in copyright infringement within the Establishment.

11.  Prohibited Services

You may use the Establishment and its services solely for lawful purposes and in accordance with these Terms of Use. You agree not to use the Establishment or any services offered therein:

·       In any way that violates any applicable federal, state, local, or international law or regulations, including, without limitation, health regulations, safety requirements, or any laws in effect within the State of California.  

·       For exploiting, harming, or attempting to exploit or harm minors in any way, including exposing them to inappropriate content within the Establishment, requesting personally identifiable information, or engaging in any other improper conduct.

·       To distribute, place, or promote any unauthorized advertising or promotional material, including but not limited to “flyers,” “chain letters”, printed “spam”, or any similar solicitations within our premises.

·       To infringe the intellectual property rights of others.

·       To engage in any conduct that restricts or interferes with anyone's use or enjoyment of Establishment, or that, in our judgment, may harm Similandia customers, or expose them to liability.

Additionally, you agree not to:

·       Use the Establishment´s facilities or services in any manner that could disable, overburden, damage, or impair their proper functioning, or interfere with any other person´s use or enjoyment of the Establishment, including disruption of real time activities conducted within the premises.

·       Use any device, tool, mechanism, or object to inspect, record, photograph, or copy any material inside the Establishment for any unauthorized purpose, without prior written authorization.

·       Use any manual process to monitor or copy any material inside the Establishment for any unauthorized purpose, without our prior written consent.

·       Use any device, software, or routine that interferes with the proper operation of the Establishment´s internal systems, such as point-of-sale systems, cameras, payment terminals, or operational equipment.

·       Introduce any harmful, malicious, or damaging material, including physical or electronic items intended to alter, manipulate, or compromise our systems, equipment, or operational infrastructure.

·       Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Establishment, including restricted areas, operational systems, electronic equipment, internal networks, or databases in local systems.  

·       Engage in any form of attack, sabotage, obstruction, or intentional disruption of operations, including actions intended to impair normal service delivery within the Establishment.

·       Otherwise attempt to interfere with the proper functioning of the Establishment or its internal systems.

 

12.  Information About You and Your Visits to the Establishment

 

All information we collect from the Establishment is subject to our Privacy Notice. By entering, using our services, or interacting with our premises, you consent to all actions taken by us with respect to your information in accordance with the Privacy Notice.

 

13.  User Content

 

We, including third party partners and our affiliates, may request Feedback (as defined below) regarding your experience in the Establishment and the services or products offered therein. Similandia shall become the owner of any reviews, comments, suggestions, or other feedback regarding the Establishment, the services, or products offered at our physical location, whether such feedback is provided verbally, in writing, through in-Establishment surveys or electronic devices, or through Similandia official social media pages (collectively, "Feedback"). Similandia may also share such Feedback with any of its affiliates.

 

Similandia will not be required to treat any Feedback as confidential and will not be liable for any Feedback posted on shared within the Establishment, on social media, or elsewhere.

 

Without limitation, Similandia will have exclusive ownership of all present and future rights to the Feedback and will be entitled to use such Feedback for any commercial or other purpose, including but not limited to advertising and promotional use on social media platforms, printed materials, or any other medium, without compensation to you or to any other person providing the Feedback.

If you choose the provide any content (“User Content”) within the Establishment -whether through surveys electronic devices, written forms, recorded verbal comments, or through Similandia official social media pages- you agree that your User Content will not contain third-party copyrighted material, or material subject to third-party proprietary rights, unless you have written permission from the rightful owner or you are otherwise legally authorized to provide such material and to grant Similandia all license rights described herein. You acknowledge that you are solely responsible for the material you submit, including its legality, reliability, appropriateness, originality, and compliance with copyright laws. Similandia may refuse, decline to accept, limit, delete, edit, modify, reformat, excerpt, or translate any User Content you provide. Similandia also reserves the right not to store or disseminate any User Content it deems inappropriate or non-compliant with these requirements.

 

14.  Links from the Establishment

 

If the Establishment contains references, QR codes, brochures, digital displays, or other materials that direct you to websites or resources provided by third parties, such links or references are provided solely for your convenience. This includes links contained in promotional materials, advertisements, digital signage, or sponsored content. We have no control over the contents of those third-party sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

If you choose to access any third-party websites referenced or linked through materials in the Establishment, you do so entirely at your own risk and subject to the terms and conditions of those third-party websites or services.

 

15.  Third Party Resources

 

Within the Establishment, there may be references, printed materials, QR codes, displays, brochures, or other elements that provide access or information related to third-party websites, products, content, merchandise, services, or other resources (“Third Party Resources”). Similandia does not control any third-party content and makes no guarantees regarding such Third-Party Resources, nor does it endorse or otherwise sponsor them. Similandia expressly disclaims any express or implied warranties related to Third-Party Resources, including but not limited to, the accuracy, accessibility, security, or functionality. Additionally, Similandia is not responsible for the privacy or security of any information you share with a third party, including payment information, personal data, or any other information you provide outside our premises or through external platforms.

 

16.  Right of Termination

 

We may suspend or restrict your access to the Establishment or to any services offered within it, at our sole discretion and without prior notice, if you violate these Terms of Use. Your authorization to use the Establishment and its services automatically terminates upon the revocation or denial of your access. All provisions of these Terms of Use that, by their nature, should survive termination shall remain in effect, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You acknowledge and understand that our rights regarding any content you submitted prior to the termination of your access, including any Feedback, shall survive termination.

 

17.  Disclaimer of Warranties

SIMILANDIA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. PRODUCTS ARE SOLD AS IS.

THE FOREGOING DISCLAIMER DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18.  Limitation on Liability

 

IN NO EVENT WILL SIMILANDIA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE ESTABLISHMENT, ANY PRODUCTS OR SERVICES OFFERED THEREIN, OR ANY MATERIALS, INFORMATION, OR CONTENT PRESENT WITHIN THE ESTABLISHMENT.  THIS INCLUDES, WHITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, SERVICE INTERRUPTION, LOSS OF GOODWILL, OR  LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

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 may have additional rights.

 

19.  Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, losses, costs, expenses, or fees, including reasonable attorneys' fees, arising out of or relating to: 1) Your violation of these Terms of Use or incorporated Policies; 2)Your use of the Establishment and the services or products offered therein; 3) Any infringement of a third party intellectual property rights resulting from your actions; 4) Any misuse of products, materials, or services provided in the Establishment; 5) Any use of the Establishment´s content, services or products not expressly authorized in these Terms of Use; 6) Any use of information obtained within the Establishment that results in damages or  liabilities.

20.  Dispute Resolution; Class Action and Mass Action Waiver; Binding Arbitration

To help expedite the resolution and reduce the cost of any dispute related to, or arising out of, these Terms of Use and incorporated Policies, the products, or any services or  offerings provided in the Establishment, you agree to first attempt to negotiate in good faith any Dispute informally for at least sixty (60) days with Similandia before either initiates arbitration. The negotiation period begins upon receipt of written notice by the party raising the Dispute. Such notice may be sent via electronic mailing to customerservice@drsimi.com. You agree to receive notice from the Company via the email address to provide during checkout, returns, service interactions, or any other in-Establishment engagement, when such communication is relevant to formal notices under this agreement.

If the Dispute cannot be resolved through negotiations after the expiration of the sixty (60) day negotiation period, either party may elect to have the Dispute finally and exclusively resolved through binding arbitration. YOU AND SIMILANDIA AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and Similandia each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, or Mass Action to the maximum extent permitted by law.

For purposes of this agreement, “Mass Action” means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than one hundred (100) arbitration Demands with common questions of law or fact against Similandia within 180 days of initiating your arbitration Demand.

Any arbitration required under the Arbitration Agreement shall be initiated by You or Similandia by sending the other party a written demand for arbitration (“Demand”), which shall be sent only via first-class mail, UPS, or FedEx within the applicable statute of limitations period. Your Demand shall be delivered to: Farmacias de Similares CA LLC dba SIMILANDIA  6818 Hollywood Blvd, Los Angeles, CA 90028, United States. Your Demand must include (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the original personal signature of the party seeking arbitration; and (v) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration. For purposes of this paragraph, “original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature on the Demand certifies the following: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The original personal signature by the party seeking arbitration shall verify under penalty of perjury that the factual statements contained in the Demand are true and correct. Compliance with this paragraph tolls any applicable statute of limitations as to any dispute or claim subject to the Arbitration Agreement that is stated in the Demand.

A party seeking arbitration of any dispute or claim subject to the Arbitration Agreement shall submit a copy of the Demand to the American Arbitration Association (“AAA”) sixty (60) or more days after the Demand is initiated. The arbitration will be administered by the AAA pursuant to the current AAA Consumer Arbitration Rules, except to the extent modified by these Terms of Use. The AAA rules and instructions are available on the AAA website at www.adr.org/consumer.

Arbitration Procedure: In any arbitration of a dispute or claim that is subject to the Arbitration Agreement:

You or Similandia may file any dispositive motions permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator. Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until deciding such motion.

The parties shall have the right to conduct such discovery from the opposing party or any third party that is proportional to the needs of the claim or dispute, considering the importance of the issues at stake, the amount in controversy, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Proportionality shall be decided by the arbitrator when requested by either party.

The arbitrator shall conduct any calls, conferences, or hearings by teleconference or videoconference, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing will be held at a location that is reasonably convenient. You and an employee of Similandia shall attend all arbitrator calls, conferences, and hearings.

A party may make a written offer of judgment at least seven (7) days before the date set for the arbitration hearing.

If the arbitrator finds that a party’s claim, counterclaim, or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator shall award the opposing party its attorneys’ fees, costs, and expenses and all amounts charged by AAA for the arbitration.

The arbitrator will follow these Terms of Use and the law. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.

You or Similandia may appeal an arbitration award that manifestly disregards the law by filing a notice of appeal with the AAA within thirty (30) days after an award is rendered and delivered to the parties. The appeal shall be heard by a single arbitrator unless the parties agree to a multi-arbitrator appellate panel. The arbitrator(s) assigned to the appeal shall be selected by agreement of the parties from among those on the AAA Appellate Panel. If the parties are unable to agree, AAA shall appoint the arbitrator(s) from among those on the AAA Appellate Panel. An arbitrator who previously presided over any aspect of a case shall be ineligible from serving as an appellate arbitrator in that same case. The appeal, including briefing, shall be conducted pursuant to the parties’ agreement or the appellate arbitrator(s)’ orders if the parties are unable to agree.

Severability. If (i) any dispute or claim subject to the Arbitration Agreement is filed as a class arbitration, class action, collective action, representative action, or Mass Action and (ii) if the Class Action and Mass Action Waiver is held invalid or unenforceable as to such dispute or claim, then the Arbitration Agreement does not apply to that dispute or claim and such dispute or claim must be brought in a court of competent jurisdiction. If any provision of Section 20 other than the Class Action and Mass Action Waiver is held invalid or unenforceable as to a particular dispute or claim, then such provision shall be severed from the Terms of Use, and the remainder of the Terms of Use shall be enforceable to the maximum extent permitted by law.

The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of Section 20 of these Terms of Use. If the FAA is found not to apply to any portion of Section 20 of these Terms of Use, then the applicable laws of the State of California shall apply without regard to choice-of-law principles.

Opt Out: You have the right to opt out of arbitration by sending written notice of you opt out to: Farmacias de Similares CA LLC dba Similandia at 6818 Hollywood Blvd, Los Angeles, CA 90028, United States. The opt out notice must be personally signed by you and postmarked within sixty (60) days from the date you first agreed to the terms of this arbitration agreement. The opt out notice must include:(a) your name and residential address; (b) the email address and/or telephone number associated with your account; and (c) a clear statement that you desire to opt out of arbitration and to seek resolution of any dispute by a court of competent jurisdiction. All other provisions in this Agreement, including the jury trial and class action waiver, fully remain in effect permissible under the applicable law.  

21.  Governing Law

 

These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and us arising out of these Terms of Use or policies or pertaining to the subject matter hereof. No arbitration, lawsuit, or other proceeding shall be instituted in any forum but for the state of California.

 

22.  Force Majeure

 

The Company shall not be liable for any failure to perform obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

 

23.  Waiver and Severability

 

No waiver of or by Similandia of any term or condition set forth in these Terms of Use or Policies shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Similandia to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use and Policies will continue in full force and effect.

 

24.  Entire Agreement

 

These Terms of Use, together with any policies posted or made available in the Establishment, constitute the sole and entire agreement between you and Similandia, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, whether written or oral, with respect to purchases, services, and transactions conducted in the Establishment.  

 

25.  Assignment

 

These Terms of Use and Policies are not assignable, transferable, or sublicensable by you. Any assignment in violation of this section shall be null and void. Similandia may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

 

26.  Questions, Comments, and Concerns

 

This Establishment is operated by Similandia. Feedback, comments, requests for assistance, and other communication relating to the Establishment should be directed to the following:

 

• Phone: +1 855-280-1079.

• Email: customerservice@drsimi.com

• Service Hours:

    Monday to Friday: 8:00 AM – 7:00 PM ET

    Saturday and Sunday: 10:00 AM – 7:00 PM ET