ANDAMEDS WEB SITE
TERMS OF USE and NOTICES
AGREEMENT BETWEEN USER AND ANDANET

The ANDAMEDS web site is comprised of various web sites and web pages (collectively, the "ANDAMEDS web sites") operated by Anda, Inc. and/or its affiliates (collectively, “ANDA”).

The ANDAMEDS web sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ANDAMEDS web sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular ANDAMEDS web site included within the ANDAMEDS web sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms").

Additionally, the ANDAMEDS web sites may themselves contain additional terms that govern particular features or offers (for example, chat areas).

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular ANDAMEDS web site, then the terms, conditions, and notices contained herein shall control.

RETURN POLICY

Full credit will be given for shipping errors made by ANDA and products damaged in transit, provided the error or damage is reported to ANDA’s Customer Service Department within 72 hours of the receipt of the product. All returns must be authorized in advance. Please call ANDA’s Customer Service Department at (800) 331-2632 to obtain a return authorization number. The return authorization number should be marked clearly on the outside of the box containing the returned product. At ANDA’s sole discretion, ANDA may authorize and accept returns for reasons other than shipping error or damage as long as ANDA determines, in its sole discretion, that the product is re-sellable. Credit for these returns will be given at the current market price of the returned product less a 20% handling charge.

Any unauthorized returns will not be processed for credit.

Returns will only be accepted for credit from the original purchaser. Credit will not given for products that have been damaged, opened, labeled or marked on, except as required by law. Products sold as short-date or closeout are not returnable. Products that are stored improperly or exposed for fire or any other hazardous conditions are not returnable. Products recalls will be handled in accordance with the instructions provided by the manufacturer.

No returns will be accepted on refrigerated items including vaccines or biological products.

ANDA reserves the right not to accept bulk returns, returns from inactive accounts with outstanding balances, or accounts in the process of closing or transferring ownership. ANDA reserves the right to return or destroy products that are ineligible for credit or are sent without prior authorization.

All products drop shipped through the ANDAMEDS web sites are subject to the return policy of the respective manufacturer.

Allow two to three weeks processing time for credit memos on authorized returns. Please do not deduct any amounts from your payment related to the returned product before receiving the credit memo.

CREDIT AND PAYMENT POLICY

Payment is due in accordance with the terms reflected on the invoice. ANDA reserves the right to charge interest at the rate of 1.5% per month if payment is not made in a timely manner. ANDA shall be entitled to recover reasonable attorneys’ fees and cost in connection with any collection efforts, including but not limited to litigation arising out of failure to pay your invoice or statement. ANDA will credit your payment to the oldest invoice or statement unless your remittance document otherwise states the invoice being paid or the payment exactly matches a specific invoice or statement amount.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular ANDAMEDS web site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then must choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account and restricting access to your computer. Furthermore, you are entirely responsible for any and all activities that occur under your account or password. You agree to notify ANDA immediately of any unauthorized use of your account or any other breach of security. ANDA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Additionally, you could be held liable for losses incurred by ANDA or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the expressed permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

ANDA reserves the right to change the terms, conditions, and notices under which the ANDAMEDS web sites are offered, including but not limited to the charges associated with the use of the ANDAMEDS web sites. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular ANDAMEDS web sites. Your continued use of the ANDAMEDS web sites constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the ANDAMEDS web sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the ANDAMEDS web sites.

LINKS TO THIRD PARTY SITES

The ANDAMEDS web sites may contain links to third party web sites ("Linked Sites"). The Linked Sites are not under the control of ANDA and ANDA is not responsible for the contents of or products or services from any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. ANDA is not responsible for webcasting or any other form of transmission received from any Linked Site nor is ANDA responsible if the Linked Site is not working appropriately. ANDA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ANDA of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties included within the ANDAMEDS web sites or participation in promotions, including without limitation, the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the third party. ANDA shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the ANDAMEDS web sites, you will not use the ANDAMEDS web sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ANDAMEDS web sites in any manner which could damage, disable, overburden, or impair any ANDAMEDS web site (or the network(s) connected to any ANDAMEDS web site) or interfere with any other party's use and enjoyment of any ANDAMEDS web site. You may not attempt to gain unauthorized access to any ANDAMEDS web site, other accounts, computer systems or networks connected to any ANDAMEDS web site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the ANDAMEDS web site.

USE OF SERVICES

The ANDAMEDS web sites may contain e-mail services, chat areas, message services and/or other message or communication facilities designed to enable you to communicate with others (collectively, the "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another or any of the ANDAMEDS web sites or networks connected thereto.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices, proprietary designations, labels of the origin, source of software or other similar material.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct, terms of use or other guidelines that may be applicable for any particular Communication service.

Harvest or otherwise collect information about others, including e-mail addresses.

Violate any applicable laws, rules or regulations.

Create a false identity for the purpose of misleading others.

Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of any ANDAMEDS web site or other user or usage information or any portion thereof.

ANDA has no obligation to monitor the Communication Services.

ANDA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ANDA reserves the right to terminate your access to any or all of the ANDAMEDS web sites and/or Communication Services at any time, without notice, for no reason or for any reason whatsoever.

ANDA reserves the right to disclose any information as ANDA deems necessary to satisfy any applicable law, rule, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ANDA's sole discretion.

You should always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ANDA does not control or endorse the content, messages or information found in any Communication Service. Therefore, ANDA specifically disclaims any and all responsibility and liability with regard to the Communication Services and any actions, damages or injuries resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO ANDA OR POSTED AT ANY ANDAMEDS WEB SITE

ANDA does not claim ownership of the materials you provide to ANDA (including without limitation feedback and suggestions) or post, upload, input or submit to any ANDAMEDS web site or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ANDA and ANDA’s sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. ANDA is under no obligation to post or use any Submission you may provide and ANDA may remove any Submission at any time in its sole discretion for no reason or for any reason.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to post, upload, input, provide or submit your Submissions.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE ANDAMEDS WEB SITES

All content and software (if any) that is made available to view and/or download in connection with the ANDAMEDS web sites, excluding content and/or software that may be made available by end-users through a Communication Service, (all such content and software, collectively, the "Software") is owned by and is the copyrighted work of ANDA and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the terms of the License Agreement.

For any Software not accompanied by a license agreement, ANDA hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular ANDAMEDS web site in accordance with these Terms of Use, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of any of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE CONTENT OR SOFTWARE TO ANY COMPUTER, SERVER OR ANY OTHER LOCATION FOR REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to any United States of America export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ANDAMEDS WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  ALTHOUGH ANDA USES ITS BEST EFFORTS TO PROVIDE INFORMATION THAT IS ACCURATE AND UP TO DATE, ANDA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION ON THE ANDA WEB STIES.  CHANGES ARE PERIODICALLY MADE TO THE ANDAMEDS WEB SITES AND TO THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES THEREIN. ANDA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ANDAMEDS WEB SITES AT ANY TIME. INFORMATION ON THE ANDA WEB SITES IS NOT INTENDED TO BE PERSONAL, MEDICAL, LEGAL OR FINANCIAL ADVICE AND SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

NEITHER ANDA NOR ANY OF ITS RESPECTIVE SUPPLIERS MAKES ANY REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS OR  ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS CONTAINED WITHIN THE ANDAMEDS WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ANDA AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT ANDA SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY ANDAMEDS WEB SITE. YOU SPECIFICALLY AGREE THAT ANDA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER'S RIGHTS, INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT ANDA IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN ANY ANDAMEDS WEB SITE TO OR FROM ANY THIRD PARTY.

IN NO EVENT SHALL ANDA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER IN CONNECTION WITH, ARISING OUT OF, OR OTHERWISE RELATING TO ANY OF THE ANDAMEDS WEBSITES OR THE USE THEREOF OR ACCESS THERETO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ANDAMEDS WEB SITES, WITH THE DELAY OR INABILITY TO USE THE ANDAMEDS WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS OBTAINED THROUGH THE ANDAMEDS WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE ANDAMEDS WEB SITES, WHETHER BASED ON STATUTE, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANDA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ANDAMEDS WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ANDAMEDS WEB SITES.

STORAGE SPACE AND OTHER LIMITATIONS

The amount of storage space per user is limited for each ANDAMEDS web site which provides such storage.  Some messages may not be processed due to space constraints or outbound message limitations. You agree that ANDA is not responsible or liable for the deletion or failure to send, receive or store messages or other information.

SERVICE CONTACT: info@andanet.com

TERMINATION/ACCESS RESTRICTION

ANDA reserves the right, in its sole discretion, to terminate your access to any or all ANDAMEDS web sites and the related services or any portion thereof at any time, without notice, for no reason or for any reason.

ANDA may also terminate or suspend your access to ANDAMEDS web sites for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by ANDA. Upon termination of your access to any of the ANDAMEDS web sites, your right to use the ANDAMEDS web sites immediately ceases.

ANDA shall have no obligation to maintain any content, services or products or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES

ANDA will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay ANDA liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay ANDA's actual damages to the extent such actual damages can be reasonably calculated.

LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English.

GENERAL

The laws of the State of Florida, United States of America, govern this agreement without regard to the conflicts of laws provisions thereof. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts located in Broward County, Florida, United States of America, in all disputes arising out of or relating to this agreement or the use of any of the ANDAMEDS web sites. Use of the ANDAMEDS web sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ANDA as a result of this agreement or use of the ANDAMEDS web sites. You agree to indemnify and hold harmless ANDA and its parents, subsidiaries and affiliates and their respective officers, directors, stockholders, members, managers and employees, from any and all claims, demands, judgments, settlements, damages and expenses, including without limitation reasonable attorneys' fees and costs, due to, in connection with or arising out of your use of or conduct on the ANDAMEDS web sites. Notwithstanding anything to the contrary contained herein or in the Privacy Statement, ANDA reserves the right to disclose any personal information about you or your use of the ANDAMEDS web sites, including without limitation its contents, without your prior permission if ANDA has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of ANDA or its affiliates; (3) enforce the terms of use; or (4) act to protect the interests of the users of the ANDAMEDS web sites  or others. Nothing contained in this agreement is in derogation of ANDA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ANDAMEDS web sites or information provided to or gathered by ANDA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue unaffected and in full force and effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ANDA with respect to the ANDAMEDS web sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ANDA with respect to the ANDAMEDS web sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the ANDAMEDS web sites, including, without limitation, all designs, text, graphics, the selection and arrangement thereof, and all code and software, are copyright (c)-1996 - 2006 Anda Inc. and/or its suppliers, 2915 Weston Rd., Weston, Florida 33331 U.S.A. All rights reserved.  You should assume that the underlying code and everything you see or read on the ANDAMEDS web sites is copyrighted unless otherwise noted.

ANDA, ANDAMEDS and/or other Anda Inc. products and services referenced herein are either trademarks or registered trademarks of ANDA. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.  The trademarks, logos, and service marks displayed on the ANDAMEDS web sites are registered and unregistered trademarks and service marks of ANDA and its affiliates and others.  Nothing contained on the ANDAMEDS web sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the foregoing without the prior written consent of ANDA or such third party that may own such marks.

Any rights not expressly granted herein are reserved.

FOR INFORMATION REGARDING THE PRIVACY STATEMENT OF THE ANDAMEDS WEB SITES, CLICK HERE Privacy Policy

ADDITIONAL TERMS

This site is owned and operated by ANDA and contains material which is protected by international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the ANDAMEDS web sites, including without limitation, content, code and software. You may download material from the ANDAMEDS web sites for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and subject to the other terms and conditions of this agreement.

ELIGIBILITY; AUTHORIZED USE

You warrant that you are at least 18 years of age and possess the capacity and legal authority to enter into this agreement and to use the ANDAMEDS web sites and the product and services contained therein in accordance with all terms and conditions herein. If you are buying goods or using services on the ANDAMEDS web sites, then you further warrant that you have the capacity and legal authority to enter into other binding agreements for the sale or purchase of goods and services. You agree to be financially responsible for all of your use of the ANDAMEDS websites (as well as for use of your account by others, including without limitation minors accessing or using your account or password). You warrant that all information supplied by you or members of your business in using the ANDAMEDS web sites, including without limitation your name, email address, street address, telephone number, credit card number, is true and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.