These Terms of Use (“Terms”) govern all use of www.AZpharmaceutical.com. www.AZpharmaceutical.com. includes AZPHARMACEUTICAL.COM, and other sites owned or operated (“Site”). By using and accessing the Site, you agree to these Terms, the Privacy Policy, other policies, and all applicable laws and regulations.

If any AZPHARMACEUTICAL.COM services have additional terms and conditions, privacy statements, or other policies (“Separate Terms”), then those Separate Terms shall apply in connection with your use of that service. To the extent there is a direct conflict between the Separate Terms and these Terms, the Separate Terms shall govern. If you do not want to be bound by these Terms, do not use the Site.

AZPHARMACEUTICAL.COM reserves the right to suspend or terminate your account and your ability to use the Site or portion thereof for failure to comply with these Terms or any Separate Terms related to a service, for infringing copyright, or for any other reason.

1. CHANGES IN TERMS

AZPHARMACEUTICAL.COM has the sole right at any time and without prior notice to revise these Terms. AZPHARMACEUTICAL.COM will post changes on the Site and it is your responsibility to review these Terms and any modifications.

2. Termination

AZPHARMACEUTICAL.COM has the right at any time and without prior notice to terminate some or all of www.AZpharmaceutical.com services, any feature or portion thereof, or any products or services offered, and to terminate your right to access or use AZPHARMACEUTICAL.COM services or any feature or portion thereof.

3. COMPLIANCE WITH LAWS

You agree to comply with all applicable laws and regulations regarding your use of the Site. You must be at least 18 years old to use AZPHARMACEUTICAL.COM. See the Children’s Personal Information section of the Privacy Policy.

4. CONTENT

The text, images, photographs, graphics, videos, logos, illustrations, descriptions, data, and other material on the Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”. The Content may contain errors, omissions, or may be out of date. www.AZpharmaceutical.com may change, delete, or update Content at any time. The Content is provided for informational purposes only and is not binding on AZPHARMACEUTICAL.COM. All content, logos, graphics, pages, scripts, and service names included in or made available through any Site are subject to trade dress, trademarks, service marks, and/or copyright law and other laws that protect intellectual property in the U.S. and other countries. AZPHARMACEUTICAL.COM’s intellectual property may not be used without AZPHARMACEUTICAL.COM’s written permission. All other trademarks and service marks not owned by AZPHARMACEUTICAL.COM’s that appear in any Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AZPHARMACEUTICAL.COM. You may view and use the Content for your personal information and for ordering and for no other purpose. AZPHARMACEUTICAL.COM does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site.

5. NOTICE AND PROCEDURE FOR ADDRESSING INTELLECTUAL PROPERTY CONCERNS

If you have any concerns related to intellectual property on the site, please provide the AZpharmaceutical.com copyright agent the following:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property at issue;
  • The location of the material giving rise to the concern on the Site;
  • Your address, telephone number, facsimile number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
  • A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

Notification should be sent to:
A&Z Pharmaceutical, Inc. , Attn: Legal Department, 350 Wireless Blvd., Hauppauge, New York 11788, USA; +1 (631) 952 3802;
customercare@AZpharmaceutical.com

6. PRODUCT REVIEWS

Product reviews appearing on the Site are prepared by third-parties (including, but not limited to, review pages, message boards, forums, text files, chats, etc.). AZPHARMACEUTICAL.COM has not determined whether a specific reviewer’s experience is what an average or typical customer may expect to achieve.

7. ACCOUNTS

Some services on the Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify AZPHARMACEUTICAL.COM at customercare@dcalusa.com of any unauthorized use of your username, password, other account information, or any other breach of security involving or relating to the Site.

8. USER CONTENT

The Site allows you to post content, including, but not limited to, photos, reviews, ideas, suggestions, links, and other materials. Anything that you post or otherwise make available on or in connection with the Site is referred to as “User Content.” User Content is non-confidential, non-proprietary, and may be used by AZpharmaceutical.com, AZpharmaceutical.com vendors, or their affiliates for any purpose without further permission, consent, payment, or other consideration, unless prohibited by law. You agree that as a condition of permitting you to submit User Content, you grant AZPHARMACEUTICAL.COM, AZPHARMACEUTICAL.COM’s affiliates, and any sub-licensees, subject to the Privacy Policy, a non-exclusive, irrevocable, royalty-free, worldwide, fully sub-licensable, perpetual right and license to use, copy, publicly perform, digitally perform, publicly display, and distribute User Content, including the use of your name, alias, and any other information (provided by you), and to prepare derivative works based on, or incorporate into other works, User Content, with or without attribution. You represent and warrant that any User Content is in compliance with all applicable laws and regulations, and it is not composed of and does not contain viruses, solicitations, or any form of spam. Your submission of User Content constitutes an agreement that you will defend, indemnify, and hold AZPHARMACEUTICAL.COM harmless for all claims resulting from User Content you supply. AZPHARMACEUTICAL.COM is not responsible for, and does not endorse the opinions, advice or recommendations in User Content and specifically disclaim all liability in connection therewith. AZPHARMACEUTICAL.COM reserves the right to modify, review, delete and refuse to post User Content for any reason.

9. RULES OF CONDUCT

By using the Site, you agree that you will not submit any User Content that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including User Content that is or represents an attempt to engage in child pornography, stalking, sexual assault, suicide, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (f) infringes or violates any right of a third party; (g) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations) unless specifically authorized by AZPHARMACEUTICAL.COM; (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site; (i) violates any specific restrictions applicable to a Forum, including its age restrictions and procedures; or (j) is antisocial, disruptive, or destructive, including flaming, spamming, flooding, trolling, and grieving as those terms are commonly understood and used on the internet.

10. DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE AZPHARMACEUTICAL.COM SITE AND CONTENT

UNLESS PROHIBITED BY APPLICABLE LAW, AZPHARMACEUTICAL.COM MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO AZPHARMACEUTICAL.COM, ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. AZPHARMACEUTICAL.COM ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF AZPHARMACEUTICAL.COM OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT AZPHARMACEUTICAL.COM OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH MFITSUPPS.COM IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE AZPHARMACEUTICAL.COM SERVICES. UNLESS PROHIBITED BY APPLICABLE LAW, AZPHARMACEUTICAL.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE APPLICATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT FITNESSFIRSTUSA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL AZPHARMACEUTICAL.COM BE LIABLE TO YOU FOR ANY AMOUNT.

11. ELECTRONIC COMMUNICATION

By using the Site you consent to receive communications from AZPHARMACEUTICAL.COM electronically. AZPHARMACEUTICAL.COM will communicate with you by email or by posting notices on the Site. You agree that all notices, disclosures, agreements and other communications that AZPHARMACEUTICAL.COM provides electronically satisfies any legal requirement that such communications be in writing.

12. LINKED THIRD PARTY SITES

Links to other websites operated by third parties, including AZPHARMACEUTICAL.COM vendors, do not constitute sponsorship, endorsement, or approval by AZPHARMACEUTICAL.COM of the content, policies, or practices of such linked sites. AZPHARMACEUTICAL.COM does not operate, control, or maintain linked sites and is not responsible for their availability, content, security, policies, or practices. Links to other sites are provided for your convenience and you access them at your own risk.

13. MOBILE SERVICES

The Site may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to place orders, receive and reply to messages from AZPHARMACEUTICAL.COM, and access certain other features. Mobile devices and/or mobile apps may be subject to additional terms and conditions.

14. DISPUTE RESOLUTION

By using the Site, you agree that all disputes, claims, or causes of action arising from or related to your use of the Site will be resolved through binding arbitration in Hauppauge, New York in accordance with the rules of the American Arbitration Association. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These Terms of Use shall be construed in accordance with the laws of the state of New York, without giving effect to any choice or conflict of law provision. You agree to jurisdiction in New York and you will initiate any claim in connection with use of the Site or these Terms of Use in Suffolk County, New York. Nothing in this Section shall prevent AZPHARMACEUTICAL.COM from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Site.

15. GENERAL TERMS

  1. Entire Agreement/Severability. These Terms of Use, together with the Privacy Policy, and Conditions of Sale and any amendments and any additional agreements you may enter into with AZPHARMACEUTICAL.COM, shall constitute the entire agreement between you and AZPHARMACEUTICAL.COM. If any provision of these Terms of Use is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.
  2. No Waiver. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and AZPHARMACEUTICAL.COM’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
  3. Defined Words. Any capitalized words used herein and not otherwise defined are defined in AZPHARMACEUTICAL.COM’s Conditions of Sale, App Terms, or Privacy Policy.