Terms & Conditions

Terms & Conditions

Last Updated: December 14 , 2020

OVERVIEW

This website (the “Site”) is operated by ElastinTech, Inc. (“Neolastin”). Throughout this Terms of Service Agreement, the terms “we”, “us” and “our” refer to Neolastin. Neolastin offers this website, including all information, content, features, resources, tools and services available from or enabled via this Site (collectively, the “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please read these Terms of Service carefully before accessing or using our Site or Services. By visiting our Site, clicking on a button or taking another action to signify your acceptance of these Terms, completing the registration process, and/ or purchasing something from us, you engage in our “Services” and agree that you (i) have read, understand and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink and (ii) are at least the age of majority in your state or province of residence. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Your right to use the Services is subject to these Terms. If you do not agree to all the terms and conditions of these Terms, then you may not access the Site or use any Services.

Any new features or services which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes

PLEASE BE AWARE THAT SECTION 3 OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL.

Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - REGISTRATION

When registering an account for the Services (“Account”), you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify us immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account for the same Neolastin service at any given time. We reserve the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of Neolastin.

SECTION 2 - ONLINE STORE TERMS

Orders.  Each part of any order that you submit to Neolastin constitutes an offer to purchase. If you do not receive a message from Neolastin confirming receipt of your order, please contact our Customer Service department at Hello@Neolastin.com before re-entering your order. Neolastin’s confirmation of receipt of your order does not constitute Neolastin's acceptance of your order. Neolastin is only deemed to have accepted your order once the product(s) you ordered have been shipped (the “Product”).

We reserve the right to refuse any order you place with us for any reason, including if: (i) we discover an error in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment, and/or shipping information, (ii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, (iii) the ordered Product is unavailable due to discontinuance or otherwise, or (iv) the order is connected with a previous payment dispute.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Products.  Certain products or services may be available exclusively online through the Site.

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. If any Product is discontinued or otherwise becomes unavailable, Neolastin reserves the right to cancel your order and provide you a refund for the amount paid for the Product.

We try to display accurately the colors and images of our products that appear in the online store. We cannot guarantee that your computer or monitor's display of any color will be accurate.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

Returns and exchanges are subject to our Return Policy.

No Commercial Resale. To protect the intellectual property rights of Neolastin and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Geographic Restraints.  We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Any offer for any product or service made on this Site is void where prohibited.

SECTION 3 - FEES AND PURCHASE TERMS.

You agree to pay for all orders in accordance with the prices and billing terms in effect at the time an order is made.. You also agree to pay all applicable taxes. To make an order through the Services, you must provide valid payment information, such as a credit card (Visa, MasterCard or any other issuer accepted by us). By providing your payment information, you agree that we are authorized to immediately invoice your payment method for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. We use Stripe, Inc. and its affiliates as a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the Services, you agree to be bound by Stripe’s Privacy Policy (currently accessible at https://stripe.com/privacy) and its Terms of Service (currently accessible at https://stripe.com/legal) and hereby consent and authorize the Company and Stripe to share any information and payment instructions you provide to the minimum extent required to complete your transactions.  You agree to immediately notify us of any change in your payment information by sending an email to Hello@Neolastin.com and/or updating your information in your Account. We reserve the right at any time to change our prices and billing methods. Please contact Hello@Neolastin.com regarding any billing disputes.

Except as set forth in any separate refund policy posted on the Services, including our Return Policy, all fees are non-refundable.

We may, in our sole discretion, create discounts and promotional codes  or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official Neolastin communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.

SECTION 4 - USE OF SERVICES

The Site, the Services, and the information and content available on the Site and the Services are protected by copyright laws throughout the world and all rights, titles and interest in the Site, the Services and the information and content available on the Site and the Services (other than Submissions) are exclusively owned by Neolastin and its licensors.  Subject to these Terms, we grant you a limited license to reproduce portions of Site and Services for the sole purpose of using the Services for your personal noncommercial purposes.

Neolastin’s stylized name and other related graphics, logos, trademarks, service marks and trade names used on or in connection with the Services are the property of Neolastin and may not be used without our written permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

The rights granted to you in these Terms are subject to the following restrictions:

(i) you are prohibited from using the Site or Services: (a) for any unlawful purpose, (b) to solicit others to perform or participate in any unlawful acts, (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, (f) to submit false or misleading information, (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet, (h) to collect or track the personal information of others, (i) to spam, phish, pharm, pretext, spider, crawl, or scrape, (j) for any obscene or immoral purpose, or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet;

(ii) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services, including the Site; 

(iii) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other property of Neolastin (including images, text, page layout or form); 

(iv) you shall not use any metatags or other “hidden text” using Neolastin’s name or trademarks; 

(v) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; 

(vi) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and

(vii) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services.

Any future release, update or other addition to the Services shall be subject to these Terms. Neolastin, our suppliers and service providers reserve all rights not granted in these Terms. A breach or violation of any of the Terms may result in an immediate termination of your access and use of the Services.

We reserve the right to refuse Services to anyone for any reason at any time as permitted by applicable law. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Services.

By entering into these Terms or using the Services, you agree to receive e-mail communications from us. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the use of the Services, updates concerning new and existing Products and/or features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning Neolastin and industry developments.  IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. 

SECTION 5 - THIRD-PARTY LINKS

Certain content, products and services available via our Services may include materials from third-parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. When you click on such a link, we will not warn you that you have left the Services. When you leave the Services, our Terms and policies no longer govern. We do not control and are not responsible for such links. We provide these links only as a convenience. We are not responsible for examining or evaluating the content or accuracy and we do not warrant, endorse, approve, or make any representations regarding and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Your use of such third party links and websites are solely at your own risk. 

SECTION 6 - SUBMISSIONS

You and the other users of the Services are solely responsible for any suggestions, feedback, ideas, inquiries, data, text, messages, and other materials you or a user upload, post, transmit, e-mail, share, distribute, reproduce, or otherwise make available on the Site (“Submissions”).  You acknowledge that all Submissions are the sole responsibility of the party from whom such content originated. This means that each user of the Services is entirely responsible for all Submission that that such user makes available through the Services. We have no obligation to pre-screen any content. You use all Submissions at your own risk.

You hereby grant us a right and license on a perpetual, non-exclusive, irrevocable, worldwide, royalty-free, transferable basis, at any time, without restriction, edit, copy, publish, distribute, translate, display and otherwise use in any medium any of your Submissions (in whole or in part) that you make available to us. Note that other users may search for, see, use, modify and reproduce any of Submissions that you submit to any “public” area of the Services. We may, but have no obligation to, monitor, edit or remove any Submissions that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms, or in connection with a review of Products, Submissions that (i) contain personal information or the likeness of another person, (ii) are libelous, harassing, abusive, obscene, vulgar, sexually explicit, or are inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (iii) are clearly false or misleading; (iv) are unrelated to the Products offered on the Site; or (v) violate these Terms.

You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, right of publicity or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way impair the operation of the Service or any other website. You represent that you have all of the necessary rights to grant us the rights and license set forth herein to use your Submissions.

Notwithstanding anything contained herein to the contrary, by submitting your Submissions to any forums, comment fields, or any other area on the Services, you hereby expressly permit Neolastin to identify you by your username (which may be a pseudonym) or any combination of your first name, last initial and hometown as the contributor of your Submissions in any publication in any form, media or technology now known or later developed in connection with your Submissions.

SECTION 7 - PERSONAL INFORMATION

Your submission of personal information through the Services is governed by our Privacy Policy.

SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEOLASTIN, OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES (THE “NEOLASTIN PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF THE SERVICES OR INFORMATION ON THE SERVICES, AND THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND/OR PRODUCTS. THE NEOLASTIN PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.  THE NEOLASTIN PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.  IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION. 

We are not responsible if information made available THROUGH THE SERVICES is not accurate, complete or current. The material MADE AVAILABLE THROUGH THE SERVICES is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU, ANY USER OF THE SITE, OR OTHER THIRD PARTY.

DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS, PRICES, AND AVAILABILITY OF ANY PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. OUR CURRENT PRICES CAN BE FOUND ON THE SERVICES. THE INCLUSION OF ANY PRODUCTS ON THE SERVICES AT A PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT THESE PRODUCTS WILL BE AVAILABLE AT ANY TIME.

PLEASE CAREFULLY READ ALL INFORMATION PROVIDED BY US IN CONNECTION WITH ANY PRODUCT AND ON ANY PRODUCT LABEL OR PACKAGING BEFORE USING SUCH PRODUCT.  EACH PERSON IS DIFFERENT AND THE WAY ONE PERSON REACTS TO A PRODUCT MAY BE SIGNFICANTLY DIFFERENT THEN THE WAY ANOTHER PERSON REACTS.   YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY POTENTIAL INTERACTIONS BETWEEN THE PRODUCTS AND MEDICATIONS AND/OR SUPPLEMENTS YOU ARE CURRENTLY TAKING.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE NEOLASTIN PARTIES ARE NOT LIABLE FOR ANY CONDUCT, INCLUDING DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTIES ON THE SERVICES, INCLUDING WITHOUT ANY LIMITATION, ANY USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE NEOLASTIN PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT NEOLASTIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE NEOLASTIN PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO NEOLASTIN BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).

Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEOLASTIN AND YOU.

Exclusions. Applicable law in states other than New Jersey (which is addressed below): THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.

Important Note to New Jersey Consumers.  If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, punitive, exemplary, or special damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) the limitation on liability for loss of profits or loss or use of data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under any contract, tort (including negligence), strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Neolastin (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the South Carolina governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

Survival.  You agree that the provisions in this section will survive any termination of your Account, these Term or your access to the Services.

THIS SECTION 9 DOES NOT AFFECT IN ANY WAY OUR RETURN POLICY FOR THE PRODUCTS.

SECTION 10 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Neolastin Parties from any losses, costs, claims, liabilities, expenses or demands, including reasonable attorneys’ fees, made by any third-party arising out of or relating to (i) your breach of these Terms of Service or the documents they incorporate by reference, (ii) your Submissions, (iii) your misuse of the Services; or (iv) your violation of any law or the rights of a third-party.

SECTION 11 - TERMINATION

At our sole discretion, we may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, these Terms will remain enforceable against you and unpaid amounts you owe to us for Products purchased will remain due.

Upon termination of this Agreement, all provisions which by their nature are intended to survive termination will survive.

SECTION 12 - PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

It is our policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent.  Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Site of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: Brian Gaynor, Parker, Ibrahim and Berg, 270 Davidson Avenue, Somerset NJ 08873.

SECTION 13 – GENERAL PROVISIONS

Entire Agreement.

The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services and purchase of Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Severability.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law.

THESE TERMS OF SERVICE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF SOUTH CAROLINA WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS OF SERVICE.

Exclusive Venue.

You and Neolastin agree that all claims and disputes arising out of or relating to this Agreement that are not brought in a small claims court will be litigated exclusively in the state courts in South Carolina or federal courts located in the State of South Carolina and you and we agree to the exercise of personal jurisdiction by such courts.

Changes to the Terms of Service.

You can review the most current version of the Terms of Service at any time at this page.

International Users.

The Services are controlled and offered by Neolastin from its facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

Electronic Communications.

The communications between you and Neolastin use electronic means, whether you visit the Services or send Neolastin e-mails, or whether Neolastin posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Neolastin in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Neolastin provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.

Assignment.

These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Force Majeure.

We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, pandemic infections, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Questions, Complaints, Claims.

If you have any questions, complaints or claims with respect to the Services, please contact our customer service department using the contact information available on the Services. We will do our best to address your concerns.

Notice.

Where we require that you provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/permitted by these Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to us at the following address: 307 East McBee Avenue Suite D, Greenville, SC 29601. Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

Export Control.

You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law.

Consumer Complaints.

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Contact Information.

Questions about the Terms of Service should be sent to us at Hello@neolastin.com.

 

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