GENERAL TERMS AND CONDITIONS OF USE AGREEMENT
This agreement (the “Agreement”) constitutes a binding contract between PeptidesUSA (“Company,” “we,” “us,” or “our”) and all users (“Purchaser,” “user,” “you”) of the www.peptidesusa.com website (the “Site”). Your access to and use of this Site is expressly conditioned upon your acceptance of all terms, conditions, and disclaimers set forth herein. By proceeding with any purchase, you unequivocally and irrevocably agree to be bound by the entirety of this Agreement.
1. MANDATORY DISCLOSURES AND ASSUMPTION OF RISK
- RESTRICTED USE: All products offered for sale on this Site are sold EXCLUSIVELY FOR IN-VITRO LABORATORY RESEARCH AND DEVELOPMENT PURPOSES ONLY. Without exception, these products are STRICTLY NOT FOR HUMAN OR ANIMAL USE, INGESTION, OR CONSUMPTION OF ANY KIND. The Purchaser shall not use these products as food additives, drugs, cosmetics, medical devices, or for any other inappropriate or unauthorized application.
- AGE RESTRICTION: The Site is intended for and may only be accessed by individuals who are EIGHTEEN (18) YEARS OF AGE OR OLDER. By using this Site, you represent and warrant that you meet this age requirement.
- REGULATORY STATUS: The statements made on this Site and the products sold here have NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION (FDA). Our products are NOT INTENDED TO DIAGNOSE, CURE, MITIGATE, TREAT, OR PREVENT ANY DISEASE.
- QUALIFIED PROFESSIONALS ONLY: The Purchaser expressly represents, warrants, and covenants that they are a qualified and properly trained RESEARCH OR LABORATORY PROFESSIONAL affiliated with a verifiable laboratory, institution, or university. The Purchaser is responsible for verifying the legal and regulatory status of the products within their jurisdiction. The Company reserves the exclusive right to perform due diligence screening on all information provided and may, at its sole discretion, require further verification of affiliation prior to order fulfillment.
- ALL SALES ARE FINAL: Due to the specialized and sensitive nature of the products, ALL SALES ARE FINAL AND NON-REFUNDABLE. The Company shall not accept returns under any circumstances.
2. PURCHASER’S EXPRESS COVENANTS AND INDEMNIFICATION
- The Purchaser hereby warrants and covenants that, through their own independent review and study, they are fully aware of and knowledgeable about:
- The health and safety hazards associated with the handling of all purchased products.
- The necessity of proper industrial hygiene controls and safety precautions to protect all personnel from such hazards.
- All applicable government regulations in their specific jurisdiction regarding the use of and exposure to these products.
- INDEMNIFICATION: In direct and material consideration for the Company’s acceptance of a sale of any product, which sale would otherwise be denied, the Purchaser agrees to indemnify, defend, and hold harmless the Company and its subsidiaries, affiliates, officers, directors, agents, employees, and suppliers from and against any and all claims, demands, damages, expenses, losses, liabilities, and legal costs (including reasonable attorneys’ fees) of any nature whatsoever arising out of or related to the Purchaser’s:
- Handling, possession, use, or misuse of the product, whether used alone or in combination with any other substance.
- Violation of this Agreement or any applicable laws.
- Negligence, abuse, or any other unforeseen matter.
- The Purchaser agrees to comply with any and all local, state, and federal laws, statutes, and regulations that relate to the use of this Site and the products contained thereon.
3. ORDERS, PAYMENTS, AND LIMITATION OF LIABILITY
- PAYMENT TERMS: Prices for products shall be as set forth on the Site at the time of order acceptance and are subject to change without notice. All payments must be received by the Company prior to order acceptance. By initiating an e-Check/ACH payment, the Purchaser authorizes a single electronic debit and agrees that the payment cannot be changed or corrected after authorization.
- LIMITATION OF LIABILITY: IN NO EVENT SHALL THE COMPANY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, whether the Purchaser’s claim is in contract, negligence, strict liability, or otherwise, even if the Company has been advised of the possibility of such damages. This is a comprehensive limitation of liability that applies to all losses and damages of any kind.
- AGGREGATE LIABILITY: The aggregate liability of the Company arising from or related to your use of this Site or the purchase of any product, regardless of the form of action or claim, SHALL NOT EXCEED THE PURCHASE PRICE of the item(s) you purchased in the applicable transaction.
4. DISPUTE RESOLUTION BY BINDING ARBITRATION
- MANDATORY ARBITRATION: Any and all disputes, claims, or controversies arising out of or related to this Agreement or the purchase and use of products from the Site, including but not limited to the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by binding arbitration. The arbitration shall be final, binding, and the sole and exclusive method for resolving such disputes.
- WAIVER OF JURY TRIAL AND CLASS ACTION: You and the Company hereby irrevocably waive any and all rights to a jury trial in connection with any dispute arising under this Agreement. Furthermore, you expressly agree that any dispute resolution proceedings, including arbitration, will be conducted only on an individual basis and not in a class, consolidated, or representative action.
- ADMINISTRATING BODY AND LOCATION: The arbitration shall be administered by a mutually agreed-upon arbitrator or, failing such agreement, by a neutral third party in Nevis.
- GOVERNING LAW: The arbitration agreement is governed by the laws of Nevis without regard to its conflict of law principles. The laws of Nevis shall govern the interpretation and enforcement of this Agreement.
- COSTS OF ARBITRATION: Each party shall bear its own costs, expenses, and attorney’s fees incurred in connection with any arbitration proceeding.
5. PRIVACY AND ELECTRONIC COMMUNICATION
- PRIVACY POLICY: The Company’s collection and use of any personal information is governed by its Privacy Policy, which is incorporated herein by this reference. By using this Site, you grant the Company the rights contained therein.
- COMMUNICATION CONSENT: By making a purchase, you provide affirmative consent to receive electronic correspondence from the Company, including but not limited to order confirmations, shipping updates, and promotional communications. You may unsubscribe from promotional emails at any time.
- SMS/TEXT SERVICE: Your enrollment and participation in our SMS/text messaging service are strictly voluntary and governed by the Mobile Terms outlined on the Site. You may opt out at any time by texting STOP.
6. MISCELLANEOUS PROVISIONS
- ENTIRE AGREEMENT: This Agreement, along with any documents expressly incorporated by reference, constitutes the entire understanding between the parties and supersedes all prior agreements or communications. This Agreement shall not be amended or modified except in writing by the Company.
- GOVERNING LAW: This Agreement and the relationship between the parties shall be governed by and construed in accordance with the laws of Nevis, without regard to its conflict of law principles.
- SEVERABILITY: If any provision of this Agreement is deemed or determined to be unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.
- REFUSAL OF SALE: Any communication that leads the Company to reasonably believe that a Purchaser intends to use products in a manner other than that for which they are intended will result in a permanent refusal to sell. The Purchaser will be added to an internal “banned” database.
By clicking “I agree” or proceeding with any purchase on this Site, you irrevocably affirm that you have read, understand, and agree to be bound by all of these Terms and Conditions.
