TERMS OF USE

These Terms of Use (“Terms”) govern your access to and use of AVChemist.com and any webpages, portals, forms, features, content, communications, and online services made available through or in connection with the website (collectively, the “Site”).

The Site is operated by Av chemists LLC, doing business as AV Chemist (“AV Chemist,” “we,” “us,” or “our”), located at 68-28 Myrtle Avenue, Glendale, NY 11385.

By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.

1. About AV Chemist

AV Chemist is a licensed pharmacy providing pharmacy-related services, which may include prescription dispensing, prescription transfers and refills, medication counseling, immunizations, medication delivery, insurance and claims coordination, workers’ compensation and no-fault pharmacy services, and other pharmacy services permitted by applicable law.

Pharmacy services are available only where AV Chemist is appropriately licensed and where the requested service is permitted by applicable federal and state law.

2. Not for Medical Emergencies

THE SITE IS NOT AN EMERGENCY MEDICAL SERVICE.

Do not use a website form, email, patient portal message, text message, refill request, or other electronic communication if you are experiencing a medical emergency.

If you believe you are experiencing a medical emergency, call 911 or seek emergency medical care immediately.

3. Website Information Is Not a Substitute for Professional Care

Health, medication, pharmacy, and wellness information appearing on the Site is provided for general informational and educational purposes.

Website content is not intended to:

diagnose a medical condition;
prescribe a medication;
replace the advice of a physician, pharmacist, or other qualified healthcare professional;
establish that a medication is safe or appropriate for a particular individual; or
instruct you to begin, stop, increase, decrease, or otherwise change a medication.

Always consult an appropriately licensed healthcare professional regarding your individual medical circumstances.

Use of the Site by itself does not establish a physician-patient, pharmacist-patient, or other healthcare-provider relationship. A professional relationship may arise separately when AV Chemist actually provides pharmacy services to you in accordance with applicable law.

4. Prescription Services

AV Chemist dispenses prescription medications only pursuant to prescriptions, orders, transfers, refill authorizations, or other authority permitted by applicable law.

Submitting information through the Site does not guarantee that:

a prescription will be filled;
a medication is in stock;
a prescription is valid or transferable;
a medication is eligible for delivery;
insurance will cover the medication;

AV Chemist may contact you, your prescriber, insurer, attorney, case manager, prior pharmacy, or another appropriate person or organization when permitted or required by law and reasonably necessary to process your pharmacy request.

Controlled substances and certain other medications are subject to additional federal and state requirements.

5. Prescription Refills and Transfers

Online refill or transfer submissions are requests only.

A request is not accepted or completed until it has been reviewed and processed by AV Chemist.

If your prescription has no remaining refills, AV Chemist may need to obtain authorization from your prescriber. Processing times may therefore vary.

Never delay necessary medical care because you are waiting for an electronic refill or transfer request to be processed.

6. Insurance, Workers’ Compensation, No-Fault and Other Coverage

Any insurance, workers’ compensation, no-fault, personal injury, lien, reimbursement, or coverage information provided through the Site is informational and is not a guarantee of payment or coverage.

Coverage depends on factors including the applicable insurance plan, claim status, prescription, medical necessity requirements, authorization requirements, applicable law, and payer determinations.

AV Chemist does not guarantee the outcome of an insurance claim, workers’ compensation claim, no-fault claim, personal injury case, lien, lawsuit, or reimbursement request.

7. Delivery Services

Medication delivery is subject to availability, geographic coverage, applicable pharmacy laws, medication-specific requirements, identity verification, delivery conditions, and operational limitations.

Estimated or advertised delivery times are not guaranteed.

Delivery may be delayed because of prescription issues, prescriber authorization, insurance processing, weather, traffic, inventory, safety conditions, legal requirements, or circumstances outside our reasonable control.

You are responsible for providing an accurate delivery address, contact information, and any information necessary to identify an authorized recipient.

Certain medications may require identification, age verification, signature, direct handoff, temperature controls, or other special procedures.

8. Patient Portal and Accounts

Certain services may be provided through a patient portal or another third-party platform.

If you create or receive account credentials, you are responsible for:

keeping them confidential;
using reasonable security precautions;
providing accurate information;

You may not access another person's account unless you have legal authority to do so.

9. Privacy and Protected Health Information

Our general collection and use of website information is described in our Privacy Policy.

AV Chemist's use and disclosure of protected health information subject to HIPAA is described separately in our HIPAA Notice of Privacy Practices.

Where information constitutes protected health information under HIPAA, the HIPAA Notice of Privacy Practices and applicable healthcare privacy laws govern that information.

10. Electronic Communications

When you provide a telephone number or email address, AV Chemist may communicate with you as permitted by law about matters such as:

prescription status;
refill requests;
delivery;
insurance or claims;
appointment or immunization information;
patient-service matters;
account security;
other communications you request or authorize.

Marketing email and text communications will be handled in accordance with applicable law and your communication preferences.

Electronic communications may carry privacy and security risks. Contact us if you would prefer an alternative communication method.

11. Accuracy of Information You Provide

You agree to provide information that is truthful, current, and accurate.

Do not impersonate another person or submit another individual's medical, insurance, prescription, legal, or personal information without authorization.

12. Prohibited Uses

You may not:

use the Site unlawfully;
attempt to obtain prescription drugs without lawful authority;
impersonate another person;
submit fraudulent prescriptions, claims, insurance information, or identification;
interfere with Site security or availability;
probe or circumvent security controls;
introduce malware or malicious code;
scrape or copy Site content through automated means except as permitted by law;
use the Site to violate intellectual-property rights;
attempt unauthorized access to patient or business systems;
use Site information to harm AV Chemist, its patients, employees, providers, partners, or other persons.

13. Intellectual Property

Unless otherwise stated, the Site and its text, graphics, logos, designs, software, photographs, videos, trademarks, service marks, and other content are owned by or licensed to AV Chemist and are protected by applicable intellectual-property laws.

You may use Site content for your personal, lawful, noncommercial use.

No other rights are granted except with our written permission or as permitted by law.

14. Medication and Third-Party Information

Medication information may originate from manufacturers, government agencies, databases, publishers, or other third parties.

Although we seek to provide useful information, drug information may change and may not contain every possible indication, contraindication, interaction, side effect, warning, or precaution.

Always rely on the current prescription label, medication guide, package information when applicable, and individualized advice from your pharmacist or prescriber.

15. Third-Party Websites and Services

The Site may link to or integrate services operated by third parties, including patient portals, payment processors, maps, communication providers, insurance tools, medication databases, or social-media platforms.

AV Chemist is not responsible for the independent privacy, security, availability, content, or business practices of third-party services.

16. No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

AV CHEMIST DISCLAIMS WARRANTIES REGARDING THE OPERATION, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SITE EXCEPT TO THE EXTENT A WARRANTY CANNOT LEGALLY BE DISCLAIMED.

Nothing in this section limits professional duties that AV Chemist has to patients under applicable pharmacy or healthcare law.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AV CHEMIST AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING SOLELY FROM USE OF OR INABILITY TO USE THE SITE.

THIS LIMITATION DOES NOT EXCLUDE LIABILITY THAT CANNOT LAWFULLY BE LIMITED, INCLUDING ANY LIABILITY ARISING FROM PROFESSIONAL HEALTHCARE OBLIGATIONS TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

18. Indemnification

To the extent permitted by law, you agree to indemnify and hold AV Chemist harmless from claims arising from your unlawful use of the Site, fraudulent information you submit, infringement of another person's rights, or violation of these Terms.

This provision does not apply to claims resulting from AV Chemist's own conduct where such indemnification is prohibited by law.

19. Changes to the Site and Terms

We may modify the Site or these Terms periodically.

The “Last Updated” date will identify the current version.

Material changes may be communicated through the Site or by another method when required by law.