Policy
Last updated: [DATE]
BIOMOD Products are sold strictly for laboratory, analytical, and scientific research use only. Products are not intended for, and you agree not to use Products for, any of the following: human consumption, human administration of any kind (including injection, ingestion, inhalation, topical application, or any other route), animal consumption, animal administration of any kind, veterinary use, food use, food additive use, cosmetic use, household use, therapeutic use, diagnostic use, or any clinical application. You acknowledge that BIOMOD does not provide and will not provide dosing, medical, therapeutic, diagnostic, veterinary, or use guidance of any kind, through any channel.
BIOMOD Products have not been evaluated or approved by the United States Food and Drug Administration (“FDA”) for human or animal use. No statement made on the Site, in any Product description, in any marketing communication, or in any other BIOMOD material is intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition. BIOMOD does not represent that any Product is safe or effective for any use other than the laboratory research purpose for which it is sold.
BIOMOD is a supplier of research chemicals. BIOMOD is not a compounding pharmacy or chemical compounding facility as defined under Section 503A of the Federal Food, Drug, and Cosmetic Act. BIOMOD is not an outsourcing facility as defined under Section 503B. BIOMOD is not a medical provider, clinical provider, healthcare practice, dispensary, or veterinary provider.
BIOMOD makes reasonable efforts to provide accurate Product names, sequences, identifiers, CAS numbers, specifications, and lot documentation. Errors, omissions, and inaccuracies may nevertheless occur. BIOMOD reserves the right to correct any such error and to update Product information at any time without notice. Where a material discrepancy exists between Product information displayed at the time of order and BIOMOD’s Certificate of Analysis for the shipped lot, the Certificate of Analysis controls.
BIOMOD makes reasonable efforts to provide accurate Product names, sequences, identifiers, CAS numbers, specifications, and lot documentation. Errors, omissions, and inaccuracies may nevertheless occur. BIOMOD reserves the right to correct any such error and to update Product information at any time without notice. Where a material discrepancy exists between Product information displayed at the time of order and BIOMOD’s Certificate of Analysis for the shipped lot, the Certificate of Analysis controls.
BIOMOD makes reasonable efforts to provide accurate Product names, sequences, identifiers, CAS numbers, specifications, and lot documentation. Errors, omissions, and inaccuracies may nevertheless occur. BIOMOD reserves the right to correct any such error and to update Product information at any time without notice. Where a material discrepancy exists between Product information displayed at the time of order and BIOMOD’s Certificate of Analysis for the shipped lot, the Certificate of Analysis controls.
BIOMOD makes reasonable efforts to provide accurate Product names, sequences, identifiers, CAS numbers, specifications, and lot documentation. Errors, omissions, and inaccuracies may nevertheless occur. BIOMOD reserves the right to correct any such error and to update Product information at any time without notice. Where a material discrepancy exists between Product information displayed at the time of order and BIOMOD’s Certificate of Analysis for the shipped lot, the Certificate of Analysis controls.
Shipping terms are governed by the BIOMOD Shipping Policy. Title to and risk of loss for any ordered Product passes to the Buyer upon delivery to the common carrier. BIOMOD is not responsible for carrier delays, lost or stolen shipments after delivery to the carrier (subject to applicable insurance), restricted delivery conditions imposed by the carrier, or shipping issues caused by inaccurate Buyer-submitted address information.
All BIOMOD sales are final. Returns, exchanges, and refunds are not offered after dispatch, with one exception: if you submit a BIOMOD lot to an accredited independent reference laboratory — including, without limitation, Vanguard Laboratory or Freedom Diagnostics — and the resulting report demonstrates identity or purity results materially inconsistent with BIOMOD’s Certificate of Analysis for that lot, BIOMOD will issue a full refund upon receipt and review of the original third-party report. Damaged or incorrect orders must be reported to BIOMOD support within 48 hours of delivery for investigation and resolution.
In addition to the research-use-only limitation in Section 2, you agree not to (a) purchase, possess, or use any Product in violation of any federal, state, local, or international law; (b) resell, redistribute, or transfer any Product to any person or entity for the purpose of human consumption, human administration, animal consumption, animal administration, therapeutic use, diagnostic use, cosmetic use, or any other use prohibited by these Terms; (c) repackage, relabel, alter, adulterate, or misbrand any Product; (d) combine any Product with any other substance for the purpose of administration to any human or animal; (e) use the Site, any Product information, or any Product to deceive any person regarding the regulatory status, intended use, or safety of the Product; or (f) use the Site to harvest, scrape, or otherwise extract Site content for commercial purposes without BIOMOD’s express written consent.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SITE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BIOMOD MAKES NO WARRANTY THAT ANY PRODUCT WILL BE SUITABLE FOR ANY PARTICULAR RESEARCH APPLICATION OR THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIOMOD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, OR ANY PRODUCT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF BIOMOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BIOMOD’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR ANY PRODUCT SHALL NOT EXCEED THE AMOUNT YOU PAID TO BIOMOD FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless BIOMOD, its officers, directors, employees, agents, affiliates, and successors from and against any and all claims, demands, liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Site or any Product; (b) any administration of any Product to any human or animal; (c) your violation of these Terms, the Privacy Policy, the Research Use Only Policy, or any other BIOMOD policy; (d) your violation of any applicable law; or (e) any third-party claim arising out of your acts or omissions.
All content on the Site — including text, graphics, logos, the BIOMOD name and word mark, the BIOMOD BP mark, the World’s First Peptide Softgel™ mark, product names, photography, software, design elements, and the selection and arrangement of the foregoing — is the property of BIOMOD or its licensors and is protected by U.S. and international intellectual property laws. You may not copy, reproduce, modify, distribute, transmit, display, perform, license, create derivative works from, sell, or commercially exploit any Site content without BIOMOD’s prior written consent.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify BIOMOD immediately of any unauthorized use of your account or any other security breach. BIOMOD may suspend or terminate any account at any time in its sole discretion, including for violation of these Terms.
By creating an account, placing an order, joining a waitlist, or otherwise providing your email address or phone number to BIOMOD, you consent to receive electronic communications from BIOMOD related to your account, your orders, COA records, waitlist status, and product availability. You may receive marketing communications, including email and SMS, where you have opted in. You may opt out of marketing communications at any time by following the unsubscribe instructions in the communication or by replying STOP to any SMS message. Transactional communications related to your account or orders may continue.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any dispute, claim, or controversy arising out of or relating to these Terms or any Product (a “Dispute”) shall be resolved exclusively by binding arbitration, except that either party may seek injunctive or other equitable relief in court for actual or threatened infringement of intellectual property or unauthorized use of confidential information. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat of arbitration shall be Las Vegas, Nevada. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You and BIOMOD agree that any arbitration shall be conducted on an individual basis and not as a class, representative, or consolidated action. You waive any right to participate in a class action.
BIOMOD shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, fire, flood, war, terrorism, civil unrest, government action, public health emergencies, labor disputes, supply chain disruptions, carrier delays, internet or telecommunications outages, and similar events.
If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction or by an arbitrator, the remaining provisions shall continue in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to be enforceable while preserving its intent.
BIOMOD’s failure to enforce any provision of these Terms shall not be construed as a waiver of that provision or any other. No waiver shall be effective unless in writing and signed by an authorized representative of BIOMOD.
You may not assign or transfer these Terms, by operation of law or otherwise, without BIOMOD’s prior written consent. BIOMOD may assign or transfer these Terms without restriction.
These Terms, together with the Privacy Policy, the Research Use Only Policy, and the Shipping Policy, constitute the entire agreement between you and BIOMOD regarding the use of the Site and the purchase of any Product, and supersede all prior or contemporaneous understandings, agreements, representations, and communications, whether written or oral.
BIOMOD may update these Terms at any time. The updated Terms become effective when posted to the Site. Material changes will be flagged with a revised “Last updated” date at the top of this document. Your continued use of the Site or placement of any order after the effective date of the updated Terms constitutes your acceptance of the updated Terms.
Biomd Research Peptide Co., LLC (dba BIOMOD)
[Las Vegas facility street address]
Las Vegas, NV [ZIP]
