2. You must be 18 years and older to use this website. The products sold on this website are restricted by the FDA for use in research and educational purposes.
3. You must register your account prior to purchasing Products and agree to abide by these Terms and terms applicable to your purchase of Products. You agree to pay all fees and taxes applicable to your purchase of Products using a credit card, bank account or check in US dollars.
4. We will make reasonable efforts to ensure that the Products meet your satisfaction. Please bear in mind that our Support Team is ready to provide you with timely and efficient professional assistance. We will gladly review your problems per your contacting us at email@example.com. In the event of any dispute, you agree to contact us so that we may seek to resolve the dispute. In the event we are unable to resolve a dispute, either party may seek to resolve the dispute through binding mediation by JAMS, alternative dispute resolution provider, at JAMS’ location in New York, NY. The party receiving an award may have it entered as a judgment in any court of competent jurisdiction.
5. EXCEPT AS PROVIDED IN THESE TERMS, WE PROVIDE OUR WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We specifically disclaim the accuracy of the information and content on our website and reserve the right to correct inaccurate information and/or content. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
6. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THESE TERMS. OUR LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. 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.
7. While you will have unlimited use of the Products, you cannot re-sell or transfer ownership of the Products without our consent.
8. You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.
9. You represent that your information: a) is true, accurate and not misleading; b) is owned by you and does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights; c) does not contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or d) does not use any robot, spider, scraper or other automated means to access the website for any purpose.
10. You may not use the website or Service for any illegal purpose. You agree to comply with all laws.
13. We agree to communicate with each other via email. If you fail to respond to a message from us within two business days, we will have the right to terminate these Terms, suspend your use of the website or suspend your project. All notices to us intended to have legal effects must be in writing and delivered in email (firstname.lastname@example.org) and via mail addressed to:
Innovatics Laboratories, Inc.
12 Brookshire Lane
Philadelphia, PA 19116
14. Either party may terminate these Terms upon notice to the other party. In such event, we shall have no obligation to continue to provide Products but you shall continue to be obligated for payment for any Products provided prior to termination. We do not provide any refunds of payments received. Sections 4, 5, 6, 7, 8, 10 and 13 shall survive termination of the Terms.
15. We each are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. These Terms shall be governed in all respects by the laws of the Commonwealth of Pennsylvania, as such laws are applied to agreements. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the website may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
16. Pursuant to 17 USC § 512 (Digital Millennium Copyright Act), we have implemented procedures to receive written notification of claimed infringements. If you believe your copyrights are being infringed, please email a written notice to us at email@example.com and we will take appropriate action.
17. Innovatics Laboratories, Inc. owns all the intellectual property (including content, graphics, designs, trademarks, logos, buttons, icons, scripts and service names) contained on the website and grants you a limited license to view the intellectual property while you are using the website. Use of the website within “frames” is prohibited. Hypertext links to the website are permitted so long as the linking website does not have obscene or offensive materials and does not portray our website in a misleading or derogatory manner.
18. Some imagery, clipart and fonts used in our products are royalty-free and are the integral part of our products. One Time Usage License gives you the right to use images, clipart and fonts only as a part of the design built for you. Any kind of separate usage or distribution is strictly prohibited.
B. TERMS APPLICABLE TO ORDERS
1. Payment at the time of order is required for all orders. Refunds will be made for unopened boxes returned to us within five business days from receipt of the order.
2. FRAS5, MiniSAT, d-ROMs fast test, PAT test, SAT test, d-ROMLab and PATLab are designed to be used for research and educational purposes under various FDA exemptions and restrictions (21 CFR 862.2140; 21 CFR 864.4010; 21 CFR 864.6150 & 21 CFR 862.2150). Customer warrants that it will use the device and the reagents for research and educational purposes, and as otherwise allowed by the FDA, and will use such products in accordance with the user manual, specifications and other information provided by the manufacturer.
3. Customer acknowledges that Innovatics is not the manufacturer of FRAS5, MiniSAT, d-ROMs fast test, PAT test, SAT test, d-ROMLab and PATLab. The manufacturer – H&D srl, Italy– provides the warranty to Customer. INNOVATICS SPECIFICALLY DISCLAIMS ANY EXPRESS WARRANTIES, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL INNOVATICS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
4. Customer agrees to comply with all laws, ordinances, rules and regulations – including HIPAA and FDA restrictions -that are now or may become applicable to Customer’s use of FRAS5, MiniSAT, d-ROMs fast test, PAT test, SAT test, d-ROMLab test and PATLab test, regardless of the applicable jurisdiction.
5. Customer agrees to defend, indemnify and hold harmless Innovatics from and against any all claims, liabilities and obligations of every kind and description including, without limitation, damages payable to third parties, consequential losses, lost profits, costs and attorneys’ fees, that Innovatics may incur, arising out of or related to the Customer’s business, Customer’s breach of this Agreement, Customer’s negligence or failure to use FRAS5, MiniSAT, d-ROMs fast test, PAT test, SAT test, d-ROMLab test and PATLab test.
6. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. 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.
In the event of dispute, the parties agree to meet face-to-face in an effort to resolve the dispute. If the parties are unable to resolve it in a timely manner, no civil action with respect to any dispute arising out of this Agreement may be commenced until the matter has been submitted to JAMS for mediation in New York, NY. Either party may commence mediation by providing notice to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. Neither party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session. After mediation, any dispute arising under this Agreement will be adjudicated in the state or federal courts located in New York, NY, and each Party submits and consents irrevocably to the jurisdiction of such courts. The laws of the State of New York shall apply to this Agreement.
This document constitutes the entire agreement of the parties with respect to the subject matter hereof and thereof and supersedes all previous written, and all previous or contemporaneous oral negotiations, understandings, arrangements and agreements.
No delay or omission by either party hereto in the exercise of any right or remedy hereunder shall impair such right or remedy or be construed to be a waiver thereof. Any waiver of any such right or remedy by any party must be in writing and signed by the party against which such waiver is sought.
10. The parties expressly agree that it is not their intention to violate any public policy, statutory or common law rules, regulations, or decisions of any governmental or regulatory body. If this transaction or any provision of this document is judicially or administratively interpreted or construed as being in violation of any such policy, rule, regulation, or decision, the provision, section, sentence, word, clause, or combination thereof causing such violation will be inoperative and the remainder of this Agreement, as amended, will remain binding upon the parties.
If you have questions or concerns regarding this statement, you should first contact Customer Support us at: firstname.lastname@example.org.
Information We Gather: We will collect and store Personal Information that specifically identifies you. The information you would be required to submit is your first name, last name, User ID, password, street address, city, state, zip/postal code, country, phone number, and email address. Other information requested on our Registration page, including the ability to receive promotional offers from us, is optional. There is not a charge to use the website but if you decide to purchase Products you will need to provide credit card or bank account information. Credit card and bank account information is transmitted via SSL (“Secure Socket Layer”) encryption for your protection.
Advertising: We may send you email communications. You may opt out of receiving these email communications either when you register or by contacting us at email@example.com. We do not send any of your Personal Information to our advertisers. You may see a cookie from a third-party banner server, and this cookie comes from the third-party banner server, not us.
Contractors: To the extent necessary to provide you with the services on the website, we may provide your Personal Information to third party contractors who work on behalf of us to provide you Products, to help us communicate with you or to maintain the website. However, these contractors will sign appropriate non-disclosure agreements to protect your Personal Information.
Security: We will use commercially reasonable methods to keep Personal Information securely in our files and systems.
Regarding Children: We do not intentionally gather Personal Information about Visitors who are under the age of 13.
Effective Date: April 15, 2018