Updated January 15, 2023

Welcome

Welcome to the Azyri website, app, related sites and digital and online services ("Azyri," the "Site," or "Sites"), an online e-commerce, information, and communications service provided by Azyri and all affiliates ("Azyri" or the "Company" or "We" or "Us").

These Terms of Use cover the uses for all of this Site, although additional conditions, restrictions, and policies, including the Cookies Policy (CP) and the Privacy Policy, posted or referenced on the Site may also apply.

NOT MEDICAL ADVICE

The information, products, and services provided on this website are intended to educate consumers about healthcare and medical issues that may impact their daily lives. However, nothing in the content, products, or services should be used as a substitute for medical advice, diagnosis, or treatment. The information and services on this site are not a replacement for professional medical advice, diagnosis, or treatment, and do not constitute the practice of any medical, nursing, or other professional healthcare advice. It is important that you consult with your healthcare provider for medical advice and treatment, including for your specific medical needs. We do not represent or warrant that any particular product or service offered on this site is safe, appropriate, or effective for you. Therefore, we recommend that users always seek the advice of a qualified healthcare provider for any personal health or medical questions.

IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE. ANY OTHER COUNTRY PLEASE CONTACT YOUR LOCAL EMERGENCY SERVICES

Azyri reserves the right to make changes to these terms and conditions at any time. Any modifications will become effective immediately upon posting the updated terms and conditions on Azyri's Site. By accessing or using the service, you agree to review the agreement periodically to be aware of any such modifications, and your continued use of the service constitutes your acceptance of the agreement as it appears at the time of your use. Additionally, Azyri may occasionally offer Site visitors the opportunity to participate in new features or services, which may require you to enter into additional agreements or authorizations before accessing such features or services.

INTENDED FOR USERS 18 AND OLDER

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS WEBSITE. This Site is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this Site. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS OUR Sites AT ANY TIME OR IN ANY MANNER

We are committed to not collecting personal information from children under the age of 18 through the Website or the Products. If you are under 18, please refrain from giving us any personal information. We encourage parents and legal guardians to monitor their children’s internet usage and to assist us in enforcing our Privacy Policy by instructing their children not to provide personal information through the Website or the Products without their permission. If you believe that a child under the age of 18 has provided personal information to us, please contact us, and we will make every effort to delete that information from our databases.

Your use of the Azyri services

You agree that you will not:

• Circumvent, disable, or otherwise manipulate any of the Site's security features or any features preventing or restricting the use or copying of the content that is available via the Site.
• Create multiple User Accounts on the platform with same identify.
• Use this website for any purpose in violation of local, state, national, or international laws.
• Use this Site as a means to distribute advertising or other unsolicited material to any third party.
• Send junk mail, spam or repeated messages
• Do not post or transmit through this website any material that is illegal, indecent, untrue, threatening, abusive, harassing, defamatory, hateful, or embarrassing to any individual or entity.
• Attempt to disable, "hack," or otherwise interfere with the proper functioning of this website.
• Violate or attempt to violate the security of the Site, including, without limitation:
  • access data or log into a server or account that is not authorized for use by Site users.;
  • trying to test the security of a network or system, or attempting to breach security or authentication measures without proper authorization is not allowed.; or
  • unauthorized access or use of the Site or any part of it, in contravention of these Terms of Use or any applicable laws..
• You agree not to use any automated means, such as scrapers, crawlers, spiders, or robots, to access or copy data from the Site. You also agree not to deep-link to any feature or content on the Site, or bypass any measures we may use to prevent or restrict access to the Site, including our robot exclusion headers.
• Use any device, software, routine, or any other means to disrupt or attempt to disrupt the normal functioning of this Site or any activity taking place on this Site.

If there are violations of system or network security, it could lead to civil or criminal liability. Azyri will investigate any occurrences that may involve such violations, and may cooperate with law enforcement authorities to prosecute users who are found to be involved in such violations.

If certain areas of the Site require a user ID and password for access (Protected Areas), you agree to use only the user ID and password provided to you by Azyri to access those areas. You also agree to keep your user ID and password confidential and not to share or disclose them to any third party. You are fully responsible for any activity that occurs under your user ID. Azyri reserves the right to revoke your access to the Site at any time with or without cause.

Account set-up

You agree to the following, including, without limitation:

• You agree to provide true, accurate, current, and complete information when registering to use the Site and establishing an account ("Sign Up Information").
• To ensure the accuracy and completeness of your information, you agree to keep your Sign Up Information true, accurate, current, and up-to-date. In the event that any information you provide is found to be untrue, inaccurate, not current, or incomplete, or if Azyri has reasonable grounds to believe that such information is untrue, inaccurate, not current, or incomplete, Azyri may suspend or terminate your account.
• It is your responsibility to maintain the confidentiality of your passwords and to ensure that any activities or usage associated with your account are kept secure.
• By using our services, you agree that you are solely responsible for maintaining the confidentiality of your password and account, and for any activities that occur in connection with your account. You agree not to allow any third party to access your account or use your password, as this would compromise the security of your account.

Service restrictions and limitations

We retain the right to refuse any service request made by you to us or to restrict the quantities of such requests, without the obligation to provide a reason. If we choose to decline your service request, we will typically make an effort to notify you.

Azyri may, at our sole discretion, impose limits on the quantity of requests per user, person, region, or country. These restrictions may apply to the same or different accounts. We will notify the customer if such limits are applied. We also reserve the right to refuse or cancel any request and to restrict or terminate your account for any reason. Additionally, we may prohibit the use of our site by resellers at our sole discretion. Reselling, as used in these Terms of Use, refers to the purchase or intent to purchase Azyri's products for the purpose of commercially selling those same products to a third party.

Termination of use

At any time, Azyri has the right to terminate your account or your usage of the Site at its sole discretion. Additionally, Azyri reserves the right to modify, suspend, or terminate any or all aspects of the Site without prior notice.

User-Generated Content including and not limited to: Reviews, Feedback, and other Postings to the Site

If you share any comments, ideas, suggestions, information, files, videos, images, or other materials with us or on our Site ("User-Generated Content"), you agree not to provide any User-Generated Content that (1) is harmful, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or that could encourage criminal or unethical behavior, (2) violates or infringes upon 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 also agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. By sharing User-Generated Content with Azyri, you represent and warrant that you have the legal right and authorization to provide all User-Generated Content to Azyri for its use as set forth herein. Azyri shall have a royalty-free, irrevocable, transferable right and license to use the User-Generated Content in whatever manner Azyri 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. Azyri is and shall be under no obligation (1) to maintain any User-Generated Content in confidence; (2) to pay you any compensation for any User-Generated Content; or (3) to respond to any User-Generated Content.

Azyri reserves the right to monitor, edit or remove any User-Generated Content submitted to the Site, although it is not obliged to do so. We do not regularly review posted User-Generated Content. By submitting User-Generated Content, you grant Azyri the right to use the name you submit in connection with such content. You must not use a false email address, impersonate any person or entity, or mislead as to the origin of any User-Generated Content. You are solely responsible for the content of any User-Generated Content you submit, and Azyri and its affiliates assume no responsibility or liability for any such content submitted by you or any third party.

E-Commerce, P2P and/or B2B services

Payment. To make a purchase on the Azyri Store or Azyri Marketplace, you must provide a valid credit card number, expiration date, and card security code. If we cannot charge the full amount to the provided credit card, we may cancel your order or request an alternative payment method. Your credit card information and related personal information will be collected by Azyri's designated credit card processor to process your payment. If you have any complaints or grievances related to payment processing, please contact Azyri at contact@azyri.com. You understand that the prices for products and services may be changed from time to time.

If you choose to sign up for automatic recurring payments, all associated charges and fees will be charged to the credit card that you specify during the initial setup process. If you wish to use a different credit card for future payments, you will need to update your information online. Please note that updating your payment information may result in a temporary delay in your ability to make online payments as we verify your new payment details.

You promise and guarantee that, if you are making online payments, (i) the credit card, debit card, or bank account details you provide are accurate, truthful, and comprehensive, (ii) your credit/debit card company or bank will authorize the charges you incur, (iii) you will pay the total sum of the charges posted, including any relevant taxes, (iv) you are the individual to whom the card was given, and (v) you are authorized to execute a purchase or any other transaction with the related credit card and credit card information.

Responsibility for charges and fees; Insurance. You are fully responsible for all charges and fees, including delivery charges, taxes, and any bank fees, related to your purchase from the Azyri Store. Certain products or charges may be covered by Medicare, Medicaid, private insurance, out-of-state workers' compensation payers, or other insurance plans. However, regardless of insurance coverage and reimbursement amounts, you are responsible for paying the purchase price and all associated charges for your order and product purchase. If you have questions about insurance coverage for purchases made on the Azyri Store, please email contact@azyri.com.

Indemnification

You agree to indemnify, defend, and hold harmless Azyri, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs), arising out of or related to your breach of these Terms of Use or applicable law, your User-Generated Content, any other materials you post or allow to be posted to the Site, your use or access of the Site, access to the Site by anyone using your user ID and password, or any other actions taken by you on the Site.

Intellectual property

The trademarks and service marks "Azyri," "Azyri," "Azyri BoneAge," and the Azyri logo are the property of Azyri and are protected under U.S. and international copyright laws. The content and design of this Site are also protected by copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit, or frame any of these materials without the prior written consent of the copyright owners. However, you may view, download, display, and print a single copy of these materials on a single computer for personal, noncommercial use only, provided that you do not alter or modify the materials in any way, include all applicable notices and disclaimers (including copyright notices), and do not use the materials in a way that suggests an association with Azyri or an affiliated Azyri entity. You understand and agree that title to these materials shall not pass to you or any other user.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT Azyri SITE AND ANY SERVICES, CONTENT, OR INFORMATION CONTAINED ON OR PROVIDED BY Azyri SITE IS PROVIDED ON AN "AS IS" BASIS. Azyri DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, Azyri DOES NOT GUARANTEE THAT USE OF Azyri SITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES, OR WORMS. YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INCLUDED HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.

Errors on Azyri Site

The content, prices, and availability of products and services on the Azyri Store are subject to change without prior notice. Azyri reserves the right to correct any errors, inaccuracies, or omissions, including after an order has been submitted and even if the order has been confirmed and your credit card charged. If a product or service is listed at an incorrect price due to a typographical error or an error in pricing information received from our suppliers, we may refuse or cancel any orders placed for the product or service at the incorrect price, even if the order has been confirmed and your credit or debit card charged. In such a case, we will promptly issue a credit to your credit or debit card account in the amount of the incorrect price, in accordance with individual bank policies.

Accuracy and integrity of information

Azyri strives to maintain the accuracy and integrity of the Site and its content, but does not guarantee the correctness or accuracy of the Site. The Site may contain typographical errors, inaccuracies, or unauthorized changes made by third parties. If you notice any inaccuracies, please notify Azyri to correct them. Azyri reserves the right to correct any inaccuracies on the Site without notice. The information on the Site may be changed or updated without notice. Azyri is not responsible for any information or content posted by non-affiliated third parties on the Site and disclaims any liability for such content.

LIMITATION OF LIABILITY

USING THE SITE IS ENTIRELY AT YOUR OWN RISK, AND Azyri SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. THE MAXIMUM LIABILITY OF Azyri AND ITS AFFILIATES FOR ANY PRODUCT OR SERVICE PURCHASED ON OUR SITE IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICE IS TO STOP USING THE SERVICE. YOU ACKNOWLEDGE THAT THIS PARAGRAPH APPLIES TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Links to third party websites

The Site provides links to Third Party Sites operated by third parties, which may display the Azyri trademarks. These links are provided solely for your convenience and for the purpose of accessing the Third Party Sites.

Azyri provides links to third-party sites on the Site solely for your convenience and accessibility to these sites. However, Azyri does not guarantee or make any representation about the quality, accuracy, functionality, fitness for purpose, or any other characteristic of any Third Party Site or its content. Azyri does not sponsor, endorse, approve, or take responsibility for any Third Party Site, and it does not represent or warrant any products or services offered on any Third Party Site. Please note that the conditions of use and privacy policy of any Third Party Site may be different from those that apply to your use of the Site. Therefore, we recommend that you review the conditions of use and legal notices of all Third Party Sites to learn more about their terms and conditions that apply to your use of them.

Jurisdiction

The laws of the State of Florida shall govern any dispute or claim (including personal injury claims) arising from your use of the Azyri Site. The exclusive forum for any legal action between the parties shall be the District Court of Miami located in Miami-Dade County, Florida. These Terms of Use shall also apply to anyone making a claim on your behalf.

Contact information

If you have any questions about the service, please contact us at contact@azyri.com.

Privacy policy