Patient Online Terms of Use

Last revised November 2023

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by AZOVA Inc, (“Azova”), including the www.AZOVA.co and www.azovahealth.com and www.AZOVAShop.com websites (collectively, the “Sites”) and the services available to users through the Sites (“Services”). Your compliance with these Terms of Use is a condition to your use of the Sites. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies, including how we collect and handle your personal health information and financial information.

1. Ownership Of The Site

All pages within this Site and any material made available for download are the property of AZOVA, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by AZOVA. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of AZOVA without our express written consent.

2. Electronic Signatures.

You consent to receive communications from us electronically. You agree that all agreements can be entered into and signed electronically in accordance with applicable law, and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notice or other communications be in writing

3. Electronic Communications

When you use any AZOVA Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other AZOVA Services, such as our Message Center. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing

4. Site Access, Security and Restrictions; Passwords

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. If you are under 18, you may use the AZOVA Services only with involvement of a parent or guardian.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. AZOVA will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by AZOVA. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by AZOVA at any time with or without cause. You agree to defend, indemnify and hold AZOVA harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by AZOVA arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

AZOVA allows parents or legal guardians to set up and manage accounts on behalf of their children who are under the age of 18. If you are under the age of 18 you must have a parent or legal guardian set up and manage the account on your behalf. We will not knowingly collect personal information directly from a child under the age of 18. If we learn that we have collected personal information directly from a child under the age of 18, we will promptly delete that information. If you believe we have collected personal information directly from a child under the age of 18, please email us privacy@azova.com.

5. No Medical Advice or Service

The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. In the event that you are not satisfied with the Services delivered by one of your healthcare provider, you can securely message your healthcare provider and discuss this with him or her. AZOVA does not answer any questions regarding Services delivered by any healthcare provider on the Site. All information provided by AZOVA is intended to be for general informational purposes only. The Site and Services are not a substitute for professional medical diagnosis or treatment. Reliance on any information appearing on the Site, whether provided by AZOVA, content providers, medical professionals, clients, visitors to the Site or others, is solely at your own risk. AZOVA is a communications tool for user interactions with providers. AZOVA does not provide medical services. Any doctor-patient relationship is between you and the healthcare provider you select. All healthcare providers identified or accessible on the Site are independent providers and are not employed by or affiliated with AZOVA.

6. Professionals and Providers

AZOVA does not provide any physicians’ or other providers’ services itself. Nor does AZOVA provide, make available, or fulfill prescriptions. All of the providers are independent of AZOVA and are merely using the Services as a way to communicate with you. Any information or advice received from a provider comes from them alone, and not from AZOVA. Your interactions with the providers via the Services are not intended to take the place of your relationship with your regular health care practitioners. Neither AZOVA, nor any of its subsidiaries or affiliates or any third party who may promote the Services or provide a link to the Services, shall be liable for any professional advice obtained from a health care provider via the Services nor any information obtained on the website. AZOVA does not recommend or endorse any specific tests, physicians, medications, products or procedures. You acknowledge that your reliance on any healthcare providers or information provided by the providers via the Services is solely at your own risk and you assume full responsibility for all risk associated herewith. AZOVA does not make any representations or warranties about the training or skill of any healthcare providers who offer or provide you with services via the Services. You are ultimately responsible for choosing your particular healthcare provider.

7. License And Access

Subject to your compliance with these Terms of Use and your payment of any applicable fees, AZOVA or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the AZOVA Services. This license does not include any resale or commercial use of any Azova Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any AZOVA Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by AZOVA or its licensors, suppliers, publishers, rightsholders, or other content providers. No AZOVA Service, nor any part of any AZOVA Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AZOVA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AZOVA without express written consent. You may not use any meta tags or any other “hidden text” utilizing AZOVA’s name or trademarks without the express written consent of AZOVA. You may not misuse the AZOVA Services. You may use the AZOVA Services only as permitted by law. Your right to access the Site and Services, and the licenses granted by AZOVA may be terminated by AZOVA if you do not comply with these Terms of Use.

8. Termination by You

If you desire to terminate your account, please send an e-mail message to request account closure to cancel@azova.com. Once your account has been terminated, you will no longer have access to any of the information on your AZOVA account. AZOVA will not be able to restore access to this account or to any of the information contained in it.

9. Accuracy and Integrity of Information

Although AZOVA attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform AZOVA so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, AZOVA shall have no responsibility or liability for information or Content posted to the Site from any non-AZOVA affiliated third party.

10. Typographical Errors and Incorrect Pricing

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.

11. Order Acceptance

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped (except for orders, including pre-orders, paid for with a gift card or PayPal account which are charged at the time you place your order, not when your order is shipped). Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

12. Online Payments

You can purchase products and/or services on the Site. If you purchase products or services directly from healthcare providers or through healthcare providers’ websites, the healthcare providers’ terms and conditions shall apply. If you purchase products or services directly from a healthcare provider and want a refund for the services delivered, you must contact the healthcare provider from whom you purchased the services. AZOVA cannot issue refunds for services or products purchased directly from any healthcare provider. We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, AZOVA may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

13. Risk Of Loss

All products purchased from AZOVA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

14. Returns, Refunds And Title

AZOVA does not take title to returned items until the item arrives at our fulfillment center or one of our vendor partner’s fulfillment centers. At our discretion, a refund may be issued without requiring a return. In this situation, AZOVA does not take title to the refunded item.

15. Export Policy and Restrictions

You acknowledge that the products and Content which are sold or licensed on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Azova from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.

16. Links to Other Sites

AZOVA makes no representations whatsoever about any other website that you may access through this Site. When you access a non-AZOVA site, please understand that it is independent from AZOVA, and that AZOVA has no control over the Content on that website. In addition, a link to a non-AZOVA website does not mean that AZOVA endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

17. User Generated Content, Reviews, Feedback and other Postings to the Site

If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to AZOVA that you have the legal right and authorization to provide all User Generated Content to AZOVA for the purposes and Azova’s use as set forth herein. AZOVA shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content however AZOVA desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. AZOVA is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.

AZOVA does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant AZOVA the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. AZOVA and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.

You agree to defend, indemnify and hold AZOVA harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by AZOVA arising out of any User Generated Content you post or allow to be posted to the Site.

18. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

AZOVA respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA“), we will respond promptly to notices of alleged infringement that are reported to AZOVA Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:

Copyright Manager

144 S. Main St. Alpine, UT 84004

copyright@azova.com

19. Disclaimer of Warranties

AZOVA does not warrant that access to or use of the site will be uninterrupted or error-free or that defects in the Site will be corrected. This Site, including any content or information contained within it or any Site-related service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. AZOVA does not warrant the accuracy, completeness or timeliness of the information obtained through the site.

You assume total responsibility and risk for your use of this Site, Site-related Services, and linked websites. AZOVA does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security.

Warranties relating to products or services offered, sold and distributed by AZOVA are subject to separate warranty Terms and Conditions, if any, provided with or in connection with the applicable products or Services.

20.Limitation of Liability Regarding Use of Site

AZOVA and any third parties mentioned on this Site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Site, Site-related Services, content or information contained within the Site, and/or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site, Site-related Services, and/or linked websites is to stop using the Site and/or those Services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of AZOVA to you with respect to your use of this Site is $500 (five hundred dollars).

21. Revisions; General

AZOVA reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between AZOVA and you pertaining to the subject matter hereof. In its sole discretion, AZOVA may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

22. Regulatory Notices

For informational purposes only, a link to the federal Centers for Medicare and Medicaid Services (CMS) Open Payments web page is provided here. The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospital be made available to the public. You may search this federal database for payments made to physicians and teaching hospitals by visiting this website: https://openpaymentsdata.cms.gov/