SYNAPTENT LLC (DBA NEWMIND.COM) TERMS AND CONDITIONS -
INCLUDING TERMS AND CONDITIONS OF USE, AND TERMS AND CONDITIONS OF SALE

Please read the following terms and conditions carefully and agree to them before using this website. Please understand that by using this website, you are considered to be bound by all the following terms and conditions. By accessing or using the NewMind.com website and/or placing an order through NewMind.com, you agree to and accept the following Terms and Conditions:

TERMS AND CONDITIONS OF USE

Registration

Access to My Page function is available to all customers. Access to online purchasing capabilities (the "Service") is available only to qualified independent researchers, research institutions, and/or businesses and their authorized employees, agents and/or contractors who register with Synaptent LLC (dba NewMind.com) (hereinafter sometimes called "NewMind" or "Seller") by submitting a Profile Form, and is limited to those users who are authorized to form legally binding contracts under applicable law on behalf of themselves or the businesses or organizations they represent.

Member Account, Password, and Security

You represent that all information provided to Synaptent LLC (dba NewMind.com) through your Profile form or otherwise is accurate and that you are the individual identified in such information. In the event any such information changes after it is provided to Synaptent LLC (dba NewMind.com), you agree to update your Profile online the next time you access the Site. You agree (a) to maintain the confidentiality of your username and password, and (b) that you are fully responsible for any and all activities that occur under your username. You further agree to (i) immediately notify Synaptent LLC (dba NewMind.com) of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Without limiting any other provisions of these Terms, Synaptent LLC (dba NewMind.com) will not be liable for any loss or damage arising from your failure to comply with this Section of our Terms of Use, and you agree that Synaptent LLC (dba NewMind.com) will not be liable for any loss that you may incur as a result of someone else using your username, either with or without your knowledge or permission. You agree not to use anyone else's username at any time.

Copyrights

The copyrights and other rights to the information contained in this website belong to Synaptent LLC (dba NewMind.com) or the owners of such copyrights from whom Synaptent LLC (dba NewMind.com) has been granted licenses unless otherwise specifically provided herein. These copyrights are protected under the copyright laws of various countries, various conventions and other laws, and you are not allowed to use them beyond the legally permissible extent or beyond your personal usage.

In addition, all copyrights to the contents of electronic mails that Synaptent LLC (dba NewMind.com) will send to you belong to Synaptent LLC (dba NewMind.com), and you are not allowed to transfer or reprint them in any manner whatsoever without the prior written consent of Synaptent LLC (dba NewMind.com).

Disclaimer

The information on this website may be subject to change without notice. In addition, the operation may be subject to interruption or suspension without notice. Under no circumstances shall Synaptent LLC (dba NewMind.com) be liable for any damage that may result from any changes in information, interruptions, or suspensions of this website. Synaptent LLC (dba NewMind.com) pays careful attention in posting the information on this website, but Synaptent LLC (dba NewMind.com) does not guarantee the accuracy, utility, or safety of the information in any way or manner whatsoever.

Other websites of third parties to whom links may be established from this website are managed by such third parties, and under no circumstances Synaptent LLC (dba NewMind.com) guarantee their contents.

Synaptent LLC (dba NewMind.com) shall accept no responsibility whatsoever for any loss or damage resulting from having enabled or disabled you to use this website. Synaptent LLC (dba NewMind.com) shall accept no responsibility whatsoever for any trouble or damage to the software or hardware resulting from your use of this website.

Linking

If you wish to establish a link to this website, you are requested to contact our Company. Please understand in advance that we reserve the right to refuse any links from such websites that may libel or defame our Company or such websites that may contain any adult contents. In addition, we reserve the right to refuse any links that use such techniques as frame linking to obscure the fact that these pages are produced by our Company.

Web Browser

To use our website comfortably, we recommend you use a recent version of Firefox.

Please note that there is a possibility that this website may not be used in any environment other than the one recommended, or may not be used or correctly displayed even in the recommended environment depending on the setting of your browsers.

Trademarks

The product names and company names used on this website represent the trade names, registered trademarks, or brand names of relevant companies.

If you have questions, comments or suggestions regarding this website, please contact us.

 

TERMS AND CONDITIONS OF SALE

All prices are shown in U.S. Dollars.

Every effort will be made to maintain pricing for the catalog time period, but prices are subject to change without notice. Prices will be confirmed at the time of order entry.

Methods of Shipment

Every attempt will be made to process and ship orders within 24 business hours. When complete shipments cannot be made, partial shipments may be made at our discretion unless otherwise requested. Customers will be promptly notified of backordered and/or out-of-stock items.

Regardless of method of shipment, D.O.T. and I.A.T.A. regulations require the use of special packaging for certain hazardous chemicals. Additional charges for hazardous packaging and transportation will be added to the invoice. We will notify the customer of these costs when orders are placed and will attempt to reduce the costs by consolidating compatible items.

Return Shipments

We will not accept return shipments without prior authorization and shipping instructions. The situations which give rise to returns are often complicated and require individual attention and special handling. Unidentified or unauthorized return shipments will be discarded without credit. Be sure to contact us and we will do our best to resolve each situation in an equitable manner. Please note, certain items may not be returned for credit, including, but not limited to, refrigerated or frozen products; bulk, custom synthesis or special order items; and opened containers.

Charges may be imposed on catalog items returned due to your error.

Items which are proven defective or non-conforming to our specifications will be replaced at no charge or, at our discretion, credit issued upon receipt of returned goods.

All claims for replacement or credit must be made within 90 days of receipt of goods.

Our liability for any and all claims, losses or damages arising for any cause, including our negligence, shall in no event exceed the purchase price of the materials with respect to which the cause arose. In no event shall we be liable for incidental or consequential damages.

Order Cancellation

Order cancellations may be subject to restocking fees.
Bulk, Custom Synthesis, and Special Order items are non-cancellable.

Purity

High quality is a requirement for every Synaptent LLC (dba NewMind.com) product. All the chemicals listed in our catalog have been rigorously tested in our Quality Control Laboratory for determination of purity and consistency. The purity and physical constants stated with the product listing are typical values, and may vary slightly from lot to lot. If additional information is needed regarding purity, please contact our Technical Service Department.

TSCA/Usage

All products offered on this website or in our catalog are for research purposes only. They are in no way to be used for food, drug, household or any other applications. These chemicals are research chemicals as defined under TSCA. As such they should be used or handled only by or under direct supervision of "Technically qualified individuals" as defined in 40 CFR § 720.3 (ee):
"Technically qualified individual means a person or persons (1) who, because of education, training, or experience, or a combination of these factors, is capable of understanding the health and environmental risks associated with the chemical substance which is used under his or her supervision, (2) who is responsible for enforcing appropriate methods of conducting scientific experimentation, analysis, or chemical research to minimize such risks, and (3) who is responsible for the safety assessments and clearances related to the procurement, storage, use, and disposal of the chemical substance as may be appropriate or required within the scope of conducting a research and development activity."

By using our website and making a purchase, you (the Buyer) are representing to us that you are a Technically qualified individual meeting the above definition, who is over 21 years of age.

You (the Buyer) are acknowledging that the hazards, physiological and toxicological properties of most of our chemicals have not yet been fully investigated and/or determined. Therefore, all of our chemicals should be handled with the utmost caution when they are used, stored or during disposal. Synaptent LLC (dba NewMind.com) makes no guarantee of any results, and assumes no liability for damage to any person, persons or property resulting from incorrect handling, storage, usage, improper human or animal exposure to, or disposal of our products. Synaptent LLC (dba NewMind.com) is not responsible for conditions and actions which are beyond our control.

Safety Data Sheets (SDS)

We supply SDS to our customers with the delivery of our products as required by the OSHA Hazard Communication Standard and many state laws. SDS are also available to customers upon request.

Every effort is made to provide current known information. However, the nature of new research chemicals precludes complete knowledge. Synaptent LLC (dba NewMind.com) makes no claim as to the completeness, correctness, currency, or comprehensiveness of information provided in our SDS. Synaptent LLC (dba NewMind.com) products are intended for use by qualified professionals only, who are familiar with the potential hazards, and have been fully trained in proper safety, laboratory and chemical handling procedures.

Hazardous Material Disposal

When disposing of a chemical, careful consideration must be given to the chemical and physical properties of the compound. It is imperative all national, state and local laws and regulations governing chemical disposal be observed and followed.

All waste disposal of chemicals should be handled only by individuals who have received specific chemical education and training and who are conversant with chemical handling and safety procedures. Since the hazards and physical properties of any chemical may not yet be fully determined, only technically qualified persons familiar with potential hazards should be responsible for their disposal.

Hazardous Chemicals

Many chemicals in this catalog have been made on a research basis only. Their chemical, physiological, and toxicological properties and hazards have not yet been fully investigated or determined.

When possible, hazard class, Merck Index, Chemical Abstract and RTECS Numbers may be provided for some chemicals. Synaptent LLC (dba NewMind.com) does not accept any responsibility for this information's correctness, completeness, or that it may fully provide all hazardous properties of each chemical. Chemicals may be extremely toxic or otherwise hazardous. The absence of warning as to these conditions cannot and should not be interpreted as an indication of safety.

All products should be handled only by individuals familiar with their potential hazards and who have been fully trained in proper safety, laboratory, and chemical handling procedures. SDS will be provided as required by OSHA's Hazard Communication standard.

If a product is hazardous, the product description will carry a number of 1-9. This number is for one of the nine classes determined by the UN Committee of Experts on the Transport of Dangerous Goods. The UN classes relate to the type of hazard:

1. Explosives
2. Compressed gases
3. Flammable and combustible liquids
4. Flammable solids, spontaneously combustible materials, and materials that are dangerous when wet
5. Oxidizers and organic peroxides
6. Toxic materials
7. Radioactive materials
8. Corrosive materials
9. Miscellaneous hazardous materials

Acceptance Governing Provisions

Synaptent LLC (dba NewMind.com) (Company/Seller) acknowledges receipt of Buyer's order, and accepts Buyer's order expressly conditional on Buyer's assent to the terms and conditions herein contained, whether additional to or different from those contained in Buyer's purchase order or any other form or document heretofore or hereafter supplied by Buyer or Seller. Buyer will be deemed to have assented to those terms and conditions unless Seller receives written notice of any objection within 15 days after Buyer's receipt of this form. Seller's failure to object to provisions contained in any purchase order or any other form or document from Buyer shall not be construed as a waiver of these terms and conditions nor an acceptance of any such provision. This contract and the terms and conditions shall be governed by and construed in accordance with the laws of the State of Illinois.

Changes, Cancellations

No change by Seller of any term or condition of this contract or any of Seller's rights to remedies hereunder shall be binding on Seller, nor shall the order hereby acknowledged be canceled or changed by Buyer, unless Seller shall expressly consent hereto in writing by Seller's authorized officer. There are no representations, agreements, promises or understandings between Buyer and Seller that are not expressed herein.

Delivery, Claims, Delays, Returns

Unless specified in writing, all sales are FCA Seller's shipping point. In its discretion, Seller reserves the right to determine the exact method of shipment. Delivery of goods to the carrier at Seller's plant or other loading point shall constitute delivery to Buyer and regardless of shipping terms, all risk of loss or damage in transit shall be borne by Buyer. Seller reserves the right to make delivery in installments, all such installments to be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Buyer of its obligation to accept remaining deliveries.

Immediately upon Buyer's receipt of any goods shipped hereunder, Buyer shall inspect the same and shall notify Seller in writing of any claims for shortages, defects or damages and shall hold the goods for Seller's written disposition. If Buyer shall fail to so notify Seller within 10 days after the goods have been received by Buyer, such goods shall conclusively be deemed to conform to the terms and conditions hereof and to have been irrevocably accepted by the Buyer.

Seller shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise perform hereunder due to any cause beyond Seller's reasonable control, including without limitation, unsuccessful reactions, act of Buyer, embargo or other governmental act regulation or request affecting the conduct of Seller's business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God, delay in transportation, or inability to obtain necessary labor, fuel, materials, supplies or power.

Goods may not be returned for credit except with Seller's written permission, and then only in strict compliance with Seller's return of shipment instructions.

Allocation of Goods

If Seller is unable for any reason to supply the total demands for goods specified in Buyer's order, Seller may allocate its available supply among any or all buyers on such basis as Seller may deem fair and practical, without liability for any failure of performance which may result.

Taxes and Other Charges

Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any government authority, on or measured by the transaction between Seller and Buyer shall be paid by the Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such tax, fee or charge, Buyer shall reimburse Seller; or, in lieu of such payment, Buyer shall provide Seller at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.

Due to special handling requirements and the hazardous nature of products sold, additional charges for hazardous packaging and transportation may be added to the invoice.

 

BUYER'S USE OF PRODUCTS

Seller's products are intended primarily for laboratory use and, unless otherwise indicated on Seller's invoice, other writings, or on product labels, are not to be used for other purposes, including, but not limited to as, or a component in, a food, drug, or medical device (including in vitro diagnostic reagents) or cosmetics as defined in the Federal Food, Drug and Cosmetic Act, as amended, nor as a pesticide as defined in the Federal Insecticide, Fungicide and Rodenticide Act, as amended. Buyer acknowledges that the products purchased hereunder have not been tested by Seller for safety and efficacy in a food, drug, cosmetic or pesticide unless otherwise stated by Seller in writing furnished to Buyer. Buyer expressly represents and warrants to Seller that Buyer will properly test, use, manufacture and market any products purchased from Seller and any final articles made from them in accordance with the practices of a reasonable person who is an expert in the field and in strict compliance with all applicable federal and state food, drug, device, and cosmetic and other relevant laws and regulations, now and hereinafter enacted. Buyer further warrants to Seller that any final articles manufactured from Seller's products shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act and shall not be articles which may not, under Sections 404, 505, or 512 of the Act, be introduced into interstate commerce.

Buyer acknowledges that Seller's products are intended primarily for laboratory use and they may not be on the inventory of Existing Chemical Substances defined pursuant to the Toxic Substances Control Act (TSCA). Seller assumes no responsibility to assure that products purchased hereunder may be used in a commercial application as defined under TSCA.

Buyer has the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using products purchased from Seller. Buyer also has the duty to warn Buyer's customers and any auxiliary personnel (such as freight handlers, etc.) of any risks involved in using or handling the products.

Buyer agrees to comply with instructions, if any, furnished by seller relating to the use of the products and not misuse the products in any manner. If the products purchased from Seller are to be repackaged, relabeled, or used as starting material or components of other products, Buyer will verify Seller's assay of the products.

Buyer agrees to indemnify and hold Seller harmless from and against any and all losses, damages and expenses (including attorney's fees and other costs of defending any action) that Seller may sustain or incur as a result of any claim of negligence, breach of implied warranty, strict liability in tort or other theory of law, by Buyer, its officers, agents or employees, its successors or assigns, and its customers, whether direct or indirect, in connection with the use of Seller's products, or by reason of Buyer's failure to perform the obligations herein contained. Buyer shall notify Seller within 15 days of Buyer's receipt of knowledge of any accident involving Seller's products resulting in personal injury or damage to property, and Buyer shall fully cooperate with seller in the investigation and determination of the cause of such accident and shall make available to Seller all statements, reports and tests made by Buyer or made available to Buyer by others. The furnishing of such information to Seller and any investigation by Seller shall not constitute an assumption of any liability by Seller.

Patent Disclaimer

Seller does not warrant that the use or sale of the products delivered hereunder will not infringe the claims of any United States or other patent covering the product itself or the use thereof in combination with other products or in the operation of any process.

Technical Assistance

At Buyer's request, Seller may optionally furnish technical assistance and information with respect to Seller's products. Unless otherwise agreed, all such technical assistance and information will be provided gratis, and Buyer assumes sole responsibility for results obtained in reliance thereon. Seller makes no warranties of any kind or nature with respect to technical assistance or information provided by it. Any suggestions by Seller regarding use, application or suitability of the product shall not be construed as an express warranty unless expressly designated as such in writing signed by Seller.

You, the Buyer, understand and affirmatively agree that all NewMind.com materials are sold strictly for scientific research and development purposes ONLY, and are not intended for human use, veterinary use, nor therapeutic or diagnostic usen, nor any other household or medical use.

  • You, the Buyer, understand and affirmatively agree that NewMind.com is offering all materials or compounds for sale solely for the intended end use or purpose of non-clinincal scientific research and development, and you confirm that this is in fact the only end use for which you are purchasing NewMind.com materials.

  • You, the Buyer, understand and affirmatively agree that products bought through NewMind.com may NOT and will NOT be exported, resold, nor used for the development or manufacture of chemical or biological weapons, nor used for the development or manufacture of controlled drugs, nor used for any purposes that lie outside of those permissible under these terms of sale.

  • You, the Buyer, understand and affirmatively agree that NewMind.com materials are for purchase only by qualified researchers with the knowledge, judgement, secure storage arrangements, and equipment to safely handle NewMind.com compounds for their intended application.

  • You, the Buyer, confirm that you are a researcher carrying out scientific R&D, either legitimately as an independent researcher, or in association with a formally recognized corporation, organization or institution such as a University or Research Institute.

  • You, the Buyer, confirm that you are at least 21 years of age.
  • You, the Buyer, understand and affirmatively agree that any communications indicating use of NewMind materials for other than scientific research and development purposes may result in refusal of purchases and/or deactivation or deletion of any relevant NewMind.com account(s).

  • You, the Buyer, understand and affirmatively agree that materials bought through NewMind.com could be classified by certain regulatory agencies as unapproved new drugs if they were to be sold for the purpose of consumption by and/or administration to humans, but by continuing to access the NewMind.com website, and/or by making a purchase on NewMind.com, you specifically agree and confirm that you will NOT purchase nor use any NewMind product for the purpose of consumption by yourself or other humans, or administration to yourself or other humans.

  • You, the Buyer, understand and affirmatively agree that all materials available for purchase on NewMind.com are being sold by NewMind.com solely for use in scientific research and development.

  • By continuing to use NewMind.com, and/or proceeding with any purchase through our site, you, the Buyer, agree to unconditionally hold harmless and indemnify NewMind.com, its parent and associated companies, and its owners and staff against any and all liability arising from violation of any of these Terms of Use and Sale.

  • You, the Buyer, understand that any communications indicating use other than for scientific research and development purposes will result in refusal of purchases and/or deletion of the relevant NewMind.com account.

  • You, the Buyer, understand that NewMind.com materials are for purchase only by qualified researchers with the knowledge and equipment to safely handle compounds for their intended application.

  • You, the Buyer, understand that all NewMind.com materials are sold strictly for scientific research and development purposes ONLY, and are not intended for human use, veterinary use, nor therapeutic or diagnostic use.

  • You, the Buyer, hereby agree that you alone assume and bear the full liability and responsibility for any costs or harms relating to falsification or inaccuracy of any of your answers or responses submitted regarding NewMind.com Account Application questions and/or Terms of Use and Sale agreed to herein.

  • You, the Buyer, agree that you assume and exclusively bear all liability (including any associated legal costs or damages) arising from any transfer, redistribution, or resale of any NewMind.com materials which you have purchased or which were in your possession.

  • By applying to NewMind.com and agreeing to these terms of use and sale, you, the Buyer, agree and confirm that you will never transfer, distribute, or resell NewMind materials to any third party who has not also applied herein and been approved for a NewMind account.

  • You, the Buyer, agree that you assume and exclusively bear all liability (including any associated legal costs or damages) arising from accidental pet exposure to or pet consumption of any NewMind.com materials which you have purchased or which were in your possession.

  • You, the Buyer, agree that you assume and exclusively bear all liability (including any associated legal costs or damages) arising from accidental human exposure to or human consumption of any NewMind.com materials which you have purchased or which were in your possession.

  • You, the Buyer, agree that you assume and exclusively bear all liability (including any associated legal costs or damages) arising from intentional human exposure to or human consumption of any NewMind.com materials which you have purchased or which were in your possession.

  • You, the Buyer, agree that you assume and exclusively bear all liability (including any associated legal costs or damages) arising from any unapproved or unintended non-research usage of any NewMind.com materials which you have purchased or which were in your possession.

  • You, the Buyer, agree that you assume and exclusively bear all liability (including any associated legal costs or damages) arising from any improperly stored, discarded, spilled, lost, or stolen NewMind.com materials which you have purchased or which were in your possession.

  • You, the Buyer, understand and agree that NewMind.com materials must NOT be left accessible to children, pets, or individuals lacking requisite knowledge, equipment, or safety training to properly handle or employ the chemicals for their intended research application.

  • You, the Buyer, understand and agree that is your responsibility to securely store all NewMind.com products in a locked fireproof cabinet for which only you or other authorized researchers with requisite equipment and chemical safety training, have the key or combination.

  • You, the Buyer, understand that direct exposure to or unauthorized consumption of NewMind.com materials can lead to your hospitalization or death, and agree that you assume full personal responsibility for preventing and/or bearing the consequences of this risk.

  • You, the Buyer, hereby attest that your laboratory or site of activity is outfitted with all necessary safety equipment, including fire suppression, spill kit, emergency shower / eyewash station, fume hood / extractor to fully isolate / evacuate airborne particles, etc.

  • You, the Buyer, hereby attest that you have appropriate Level C or higher chemically resistant personal protective equipment, adequate for you to safely handle highly bioactive research chemicals that may exhibit unwanted toxicity in as little as mg or μg amounts.

  • You, the Buyer, understand that accidental ingestion of or exposure to excessive amounts of highly active research chemicals, such as the compounds sold by NewMind, may potentially cause your death, or severe acute or chronic adverse effects on your physical and/or mental health.

  • You, the Buyer, hereby attest that you do now comply and shall continue to comply with all relevant USDA, FDA, and DEA regulations, and that you am NOT purchasing or employing NewMind materials for any purpose that might violate your government's laws or regulations.

  • By applying to NewMind.com and agreeing to these terms of use and sale, you, the Buyer, confirm that you have the training, experience, and equipment necessary to safely and legitimately carry out your scientific research / development activities.

  • You, the Buyer, understand and agree that NewMind.com materials must only be purchased and handled by researchers with the requisite knowledge, equipment and chemical safety training to safely handle said compounds for their intended research application.

  • You, the Buyer, understand that highly active research chemicals, such as many of the compounds sold by NewMind, must be handled with a great degree of care, and that they generally have incompletely studied and characterized toxicological properties and risks.

  • You, the Buyer, understand and acknowledge that the compounds sold by NewMind.com are often bioactive chemicals, NOT intended nor approved for human consumption, and categorized as ‘toxic’ substances which require special handling and protective measures to prevent toxicity.

  • You, the Buyer, confirm that you are authorized to manage this NewMind.com account, either on behalf of yourself as an independent researcher, or on behalf of your company, organization or institution as a formally authorized employee, representative or member.

Warranties

Unless specified differently in writing, Seller warrants that its products shall conform to the description of such products as provided in the Seller's catalog, or other literature, if furnished to Buyer.

THIS WARRANTY IS EXCLUSIVE, AND SELLER MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

Seller's warranties made in connection with this sale shall not be effective if Seller has determined, in its sole discretion, that Buyer has misused the products in any manner or has failed to use the products in accordance with instructions, if any, furnished by the Seller.

"Seller's sole and exclusive liability and Buyer's exclusive remedy with respect to products provided to Seller's satisfaction to be defective or non-conforming shall be, in Seller's sole discretion, (1) the replacement of such products without charge or (2) refund of the purchase price upon the disposition of such products in accordance with Seller's instructions.

BUYER AGREES TO ABIDE BY ALL REQUIREMENTS OF 40 CFR SUBCHAPTER R.  SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LAW WITH RESPECT TO GOODS SOLD OR TECHNICAL SERVICES RENDERED BY SELLER, OR WITH RESPECT TO ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR CONTINGENT DAMAGES."

Miscellaneous

A. Severability. All provisions of this agreement shall be considered as separate items and conditions, and in the event that any one shall be held illegal, invalid or unenforceable, all other provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable provision were not a part hereof, provided however, that whenever possible, the illegal, invalid, or unenforceable provisions shall be deemed modified and effective to the extent it may thereby be made legal, valid and enforceable.

B. Binding Effect. All provisions and terms of the contract between Buyer and Seller shall inure to the benefit of and become binding upon the heirs, executors, administrators, successors, representatives, receivers, trustee, and assigns of the parties.

C. Assignability. Neither this agreement nor any right or interest hereby granted to the Buyer whether under the contract between Buyer and Seller or otherwise shall be assigned by the Buyer or by operation of law without the prior written consent of an authorized officer of Seller and any assignment without such written consent shall be null and void and shall not bind Seller.

D. BUYER, HAVING CAREFULLY READ ALL PROVISIONS OF THIS AGREEMENT, ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT AND AGREES THAT THE TERMS CONTAINED HEREIN SHALL SUPERCEDE THOSE TERMS IN THE PURCHASE OR WEBSITE WHICH ARE CONFLICTING, INCONSISTENT OR CONTRADICTORY THEREWITH, AND THAT IT HAS NOT RELIED UPON THOSE REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE GOODS EXCEPT THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.