Peptidist and its affiliated brands, including but not limited to Peptidist, Peptidist LLC and peptidist.com provide this and other websites (including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time) subject to your compliance with these
Terms of Use.
These Terms of Use constitute an agreement between Peptidist and you. We recommend that you print out a copy of these Terms of Use for your records.
By using the Website, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Website or benefit from the information and materials presented herein.
Please note that these Terms of Use contain provisions that govern the resolution of claims between Peptidist and you. Please see the Legal Disputes section for complete details.
Privacy & Security
Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Website. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.
Information security
is important to Peptidist. We have established appropriate physical, electronic, and managerial safeguards to protect the information that we collect from or about our users. Peptidist does, however, reserve the right at all times to disclose any information as Peptidist deems necessary to satisfy any applicable law, regulation, legal process, or governmental request.
Changes
Peptidist reserves the right, at any time, to change these Terms of Use, our Privacy Policy, and/or the Website. Changes, however, shall not apply retroactively. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices, or statements regarding the Website. If we request, you agree to sign a non-electronic version of these Terms of Use. We will notify you of any change to these Terms of Use by updating the “Last Updated” date at the top of these Terms of Use.
Intellectual Property Rights
The Website contains valuable trademarks and service marks owned and used by Peptidist, including but not limited to, Peptidist, the Peptidist design logo, labels, and formulas. Any use of the Peptidist Marks without the prior written permission of Peptidist is strictly prohibited. The arrangement and layout of the Website, including but not limited to, the Peptidist Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material, are the sole and exclusive property of Peptidist.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, SCRAPPING, HARVESTING, EXTRACTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE WEBSITE, OR ITS CONTENTS, IS EXPRESSLY PROHIBITED.
Peptidist uses a network of independent product and content suppliers, distributors, and other third parties to supply some of the products and content advertised on the Website. All other trademarks, service marks, product names, package designs, and company names or logos associated with these product and content suppliers, distributors, and other third parties that are not owned by us but appear on the Website are the property of their respective owners.
User-Generated Content
From time to time, the Website may permit the submission of content, such as comments, blogs, and product reviews, generated by you and other users (“User Content”). You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information, or ideas that you submit to or post or publish on the Website is non-confidential and non-proprietary. By submitting User Content, you represent and warrant to Peptidist that: (i) your User Content does not violate any copyright, trademark, trade secret, patent, or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule, or regulation, (ii) you own or have the legal right to use and authorize Peptidist to use your User Content, including written consent to use any product or the name, voice, likeness, or any other applicable personal rights of each identifiable person featured or referenced in your User Content, and (iii) your User Content does not violate Peptidist’s Acceptable Use Policy set forth below. As between you and Peptidist, you will retain all of your ownership rights in and to your User Content. By submitting User Content to Peptidist, you hereby grant to Peptidist a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly, and otherwise exploit (including but not limited to over the Internet, broadcast television, or any other uses or media) your User Content, in whole or in part, including future rights that Peptidist (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means, and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website and to use, access, watch, reproduce, distribute, transmit, forward, display, and perform such User Content in whole or in part, to the extent permitted by the Website under these Terms of Use.
Peptidist does not endorse any User Content or any opinion, recommendation, or advice expressed therein.
Peptidist reserves the right but is not obligated to monitor User Content or other content sent to or through the Website. Peptidist has the right to refuse, remove, edit or delete any User Content and/or to terminate any user’s access to the Website for any reason. Peptidist takes no responsibility for User Content.
Social Media Tag Usage
BY USING #peptidist AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE WEBSITE, EACH USER AGREES TO PROVIDE Peptidist WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITE, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS.
Acceptable Use Policy
By submitting User Content and otherwise using the Website, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Peptidist all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Website to harm any person or entity, including Peptidist; (iv) impersonate any person or entity, including but not limited to, a representative of Peptidist, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Website; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Website or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Website without their consent; (x) use the Website (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Website in any manner that could overburden or impair any of the Website or the networks or systems connected to the Website; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website. You also agree that you will not violate or attempt to violate the security of the Website. Violations of system or network security may result in civil or criminal liability. Peptidist reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations.
Order Acceptance & Delivery
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Peptidist reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Website are subject to change without notice. Errors will be corrected when discovered and Peptidist reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Website and the Peptidist Rewards Program described below. Peptidist reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Peptidist’s sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.
Customers clearance and delivery is an important component of your procurement considerations and typically will involve a third party. Customs clearance agents are usually made by contracting a reputable Customers Clearance Agent. Customs clearance is a highly specialized job which is why it is outsourced and not performed in-house. Peptidist utilizes reputable third-party customs clearance agents however there are instances where a delivery may run into issues—it could range from damaged packaging or a proofing error. In the event of any issues with delivery, you will be notified immediately, and solutions will be discussed accordingly, which include, but are not limited to, a redelivery or reshipment.
Pricing At Peptidist
we prioritize transparency and integrity in all our dealings. As part of our commitment to transparency, we want to inform our valued customers that prices may change without prior notice. While we strive to maintain competitive pricing and offer the best value for our products/services, factors such as market fluctuations, supplier costs, and economic conditions may necessitate adjustments from time to time. Rest assured, any changes in pricing will be communicated promptly and openly, allowing you to make informed decisions. We understand the importance of clarity and honesty in our interactions with customers, and we remain dedicated to upholding these principles as we continue to serve you.
Links to Other Websites
For all, no, or any reason, the Website may contain links to third-party websites (“Other Website”) that are not under Peptidist’s control. Peptidist makes no claim and accepts no responsibility regarding the quality, nature, or reliability of the Other Website that are accessible by hyperlinks from the Website or link to the Website. Peptidist provides these links to you as a convenience and the inclusion of any link does not imply endorsement by Peptidist of Other Website or any association with the operators of such Other Website. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party Website.
Mobile Devices and Mobile Applications
If you use a mobile device to access pages of the Website optimized for mobile-viewing, opt in to receive SMS (text messages) from Peptidist (as/when available), or use a mobile application, the following additional terms and conditions (“Mobile Terms”) also apply to you. Your access to the Website via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use. By opting in, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from Peptidist. By agreeing to receive SMS messages from Peptidist, you certify that you are over 21 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Website or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.
Notice to California Residents California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords.
Pursuant to California Civil Code Section 1789.3, Peptidist provides users of the Website with the following notice:
You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
California Consumer Privacy Act (CCPA) For customers where CCPA may apply, Peptidist provides mechanisms to support Your compliance with regard to the personal information we collect on Your behalf for data about Your employees. Peptidist recommends, if CCPA applies, that You update Your employees with privacy notices that specify types of personal data collected in Peptidist and purposes of processing such data. If you would like to submit a request for support of your employee’s exercise of California privacy rights under the CCPA, You may do so by contacting us at support@peptidist.com or calling 123-456-7890. We will verify Your request using information associated with Your account, including email address. Further identification may be required. You may also designate an authorized agent to act on your behalf.
Prohibited Acts, Goods With Certain Restrictions General
There are certain products that come with additional restrictions and those restrictions may vary from state to state, jurisdiction to jurisdiction.
It is understood that the customer(s) assume all associated risk of the purchase and/or use of any goods or products on our Website. Notably, Peptidist assumes no responsibility of any personal injury, death, or property damage associated with the use of all or any goods products sold on the Website. The customer(s) assume all responsibility of ensuring that all applicable safety and use precautions are followed while using any and all products or goods. Whether it be bottled water or a proprietary compound, this same general disclaimer and assumption of associated risk applies to all products or goods purchased from Peptidist. All local, state, and federal laws and ordinances, as well as doctors and providers advise, must be adhered during the use of any product or good. Determining the nature of these laws and ordinances, as well as the extent of healthy and permissible use, is the exclusive responsibility of the customer(s).
Products Designated for Research & Development.
You understand and affirmatively agree that products bought through Peptidist 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 understand and affirmatively agree that all Peptidist materials are sold strictly for scientific research and development purposes ONLY, and are not intended for therapeutic or diagnostic use.
You understand and affirmatively agree that Peptidist materials are for purchase only by qualified researchers with the knowledge, judgment, secure storage arrangements, and equipment to safely handle Peptidist compounds for their intended application.
You understand and affirmatively agree that any communications indicating use of Peptidist materials for other than scientific research and development purposes may result in refusal of purchases and/or deactivation or deletion of any relevant Peptidist account(s).
You understand and affirmatively agree that materials bought through Peptidist 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 Peptidist website, and/or by making a purchase on Peptidist, you specifically agree and confirm that you will NOT purchase nor use any Peptidist product for the purpose of consumption by yourself or other humans, or administration to yourself or other humans.
You understand and affirmatively agree that all materials available for purchase on Peptidist are being sold by Peptidist solely for use in scientific research and development.
For Informational Purposes Only
For those products or goods identified as ingredients, chemicals, or materials, for sale by Peptidist are intended for laboratory and research use only, unless otherwise explicitly stated. They are not intended for human ingestion or for use in products that may be ingested. You must be at least 21 (twenty-one) years of age to purchase goods on this website. The listing of an ingredient, chemical, or material on this website does not constitute a license to, or a recommendation for its use in infringement of any patent whatsoever. It is understood that all of the products purchased here designed as ingredients, chemicals, or materials will be handled only by qualified and trained individuals. In purchasing these products, the customer acknowledges that there are hazards associated with their handling and use. Customer represents and warrants to us that from customer’s own independent review and study they are fully aware and knowledgeable about (a) the health and safety hazards associated with the handling of the products purchased; (b) industrial hygiene controls necessary to protect its workers from such health and safety hazards; (c) the need to adequately warn of health and safety hazards associated with products; and (d) government regulations regarding the use of and exposure to such products. We reserve the right to limit sales of products or not to sell products to unqualified customers. In no event shall Peptidist, or any of its affiliates be liable for special, incidental or consequential damages, whether purchaser’s claim in contract, negligence, strict liability or otherwise. In consideration of the sale of the product to the purchaser, which sales we would not otherwise make, purchaser agrees to indemnify and hold Peptidist harmless from all claims, expenses, losses and liability of any nature whatsoever arising out of purchaser’s handling and/or use of any product sold here, whether used alone or in combination with any other substance no matter what its origination. As stated above, concerning the use of products or goods sold, products supplied by Peptidist are intended only for research purposes unless otherwise explicitly stated. The purposes not intended for products sold here include but not limited to, in vitro diagnostic purposes, in foods, drugs, medical devices, or cosmetics for humans or animals or for commercial purposes.
Customer acknowledges that the products have not been tested by supplier for safety and efficacy in food, drug, and medical device, cosmetic, commercial or any other use. Customer expressly represents and warrants to supplier that Customer will properly test and use any products purchased from supplier and/or materials produced with products purchased from supplier(s) in accordance with the practices of any reasonable person who is an expert in any appropriate scientific field of study and in strict compliance with all applicable state and federal laws and regulations, now and hereinafter enacted. Customer further warrants to supplier that any material produced with products from supplier shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act (“Act”) and shall not be materials which may not, under the relevant sections, be introduced into interstate commerce. Customer realizes that, since supplier products are, unless otherwise stated, intended primarily for research purposes nothing else, they may not be on the Toxic Substances Control Act (TSCA) inventory. Customer assumes responsibility to assure that the products purchased from supplier are approved for use under
TSCA, if applicable. Customer has the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using products purchased from supplier. Customer also has the duty to warn Customer’s customers and any auxiliary personnel (such as freight handlers, etc.) of any risks involved in using or handling the products. Customer agrees to comply with instructions, if any, furnished by supplier relating to the use of the products and not misuse of the products in any manner. Customer agrees that any and all products here are not intended for resale purposes. If the products purchased from supplier are repackaged, relabeled or used as starting material or components of other products, Customer will verify supplier assay of the products. ALL products and services offered are for laboratory and research activities exclusively. By placing orders with this company it is understood by the customer that under no circumstances should use any of these chemicals/materials in an inappropriate manner. No products here are to be used for recreational purposes or human consumption. All customers are assumed and expected to be qualified researchers.
Products Sold As Food
Food Supplements, Supplements, Vitamins, Minerals, or Food Replacements. For those goods and products sold as Food, Food Supplements, Supplements, Vitamins, Minerals, or Food Replacements (“Nutritional Supplements”) by Peptidist are offered as food or dietary supplements. The content on this website is only intended to inform about the nutritional and physiological processes of the Nutritional Supplements. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional.
A food supplement is a product that is intended to supplement the normal diet with nutrients or other vital substances which have a nutritional or physiological effect. Food supplements are intended for ingestion in pill, capsule, tablet, powder, liquid or similar forms in a certain dosage.
You should not use the information on this site for diagnosis or treatment of any health problem or as a substitute for medication or other treatment prescribed by your physician or health care provider. You should consult with a physician or healthcare professional before starting any diet, exercise or supplementation program, before taking any medication or food supplement, or if you have or suspect you might have a health problem.
Peptidist is not responsible for any statements, claims or directions of use that various manufacturers make about their products. Peptidist cannot be held responsible for side effects or health damages which may occur from the use of products offered on this Website.
Food supplements are not a replacement for a varied and balanced food intake and a healthy lifestyle. The recommended daily dose of a food supplement does not have any side effects in healthy adults. If you suffer from an illness you should discuss the use of a food supplement with a doctor. Food supplements should always be stored out of reach of small children.
In some jurisdictions, some of these substances may be considered prescription drugs, controlled or contraband substances. Since the information published on this website is accessible to anyone throughout the world, Peptidist does not give legal advice that may apply to any particular consumer. Consumers are cautioned to check with local, regionalized legal counsel and/or health care professionals before making any purchases on the Peptidist site. Also the consumer is responsible for additional taxes or duties which may occur when importing and receiving the products in his country.
Communications with Peptidist For all communications made to or with Peptidist, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and Peptidist will have no obligation to protect your communications from disclosure; (ii) Peptidist will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Peptidist will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
Indemnity You agree to indemnify and hold Peptidist and its agents and Peptidist harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Website, including any User Content you submit, post to or transmit through the Website, (ii) your violation of these Terms of Use or (iii) your violation of any rights of another user.
Disclaimer of Warranties
Peptidist intends for the information and data contained in the Website to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Website and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, Peptidist EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED
WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the
Disclaimer of warranties or conditions
All ingredients, chemicals and material designated products sold on this web site are intended for research and identification purposes only. Ingredient, chemical and material products are not intended for human dosing, injection, or ingestion. We will not and cannot answer questions about human dosing, injection, or ingestion. Any communication that implies the intent to inject, ingest, or otherwise consume ingredients, chemicals or material products will result in the cancellation and refund of your order. Additionally, future attempts to purchase from us will be denied. Our website contains links to other sites that may provide dosing or injection information intended for individuals with a valid prescription, testing, research or study purposes for ingredient, chemicals
or material therapy from a fully licensed medical professional. We do not endorse this information; it is offered here as a resource. By entering this site, you certify that you are 21 years of age or older and understand the above information. Use of this website signifies your agreement to the Terms of Service and Conditions outlined in our Terms of Service and Disclaimer pages.
Limitation on Liability
IN NO EVENT WILL PEPTIDIST OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO
ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF PEPTIDIST HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Website or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Peptidist is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.
Legal Disputes PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OF USE OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.
Agreement to Binding Arbitration
Any dispute, claim or controversy between you and Peptidist, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, ‘Peptidist’) arising from or relating in any way to: (1) these Terms of Use and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms of Use; (2) your use of any website owned or operated by Peptidist and its affiliated brands; or (3) any products or services sold or distributed by Peptidist and its affiliated brands or through any website owned or operated by Peptidist and its affiliated brands (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court.
The arbitrator also has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
Jury Trial and Class Action Waiver
Except as the Terms of Use otherwise provide, you and Peptidist acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action/class arbitration or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and Peptidist may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. Other rights that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.
Governing Law
You and Peptidist agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of Wyoming apply.
Initiating Arbitration and Arbitration Rules
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration. Peptidist will provide such notice by email to your e-mail address on file with Peptidist and you must provide such notice by email to legal@peptidist.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) as currently in effect, and as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at https://www.adr.org/consumer, by calling the AAA at 800-778-7879, or by writing to the AAA Notice Address set forth below. To the extent that there is a conflict between this clause and the AAA Rules, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the AAA and to legal@peptidist.com. The AAA’s address is: American Arbitration Association Case Filing Services, Denver Regional Office, 1400 16th Street, Suite 400, Denver, Colorado 80202 (the “AAA Notice Address”), or email customerservice@adr.org. You may also send a copy to the AAA online at https://www.adr.org.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Arbitration Fees
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The parties agree to split the fees for Arbitration evenly between the parties. Likewise, the parties are responsible for their own fees, and neither party will be permitted to seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are either completely frivolous or intentional and malicious.
We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by you and us, will be decided by the arbitrator.
Other To the extent that any other provision of the Terms of Use is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be null and void and the terms of this arbitration agreement shall control.
Termination Your ability to access and use the Website remains in effect until terminated in accordance with these Terms of Use. You agree that Peptidist, in its sole discretion, may terminate your account and your use of the Website and may remove and delete your User Content if Peptidist believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. Peptidist also may in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website may be effected without prior notice and you acknowledge and agree that Peptidist may bar any further access to the Website. Further, you agree that Peptidist will not be liable to you or any third party for any termination of access to the Website. Further, Peptidist is not responsible in any way whatsoever for any data or financial information loss, theft, cyberattacks, etc. arising out of your dealing(s) with Peptidist website.
For instructions for deleting your account, please see the section labeled Privacy Policy.
The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.
Right to Access
YOU MUST BE AT LEAST AGE 21 TO USE THE WEBSITE. By using the Website, you affirm that you are over age 21. If you are under age 21, you may not access or use the Website. IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER’S REGISTRATION WITH AND USE OF THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE WEBSITE.
Peptidist maintains a website that you may access in connection with the Goods You purchase from Peptidist or Peptidist’s authorized agents. You agree that You will not use or attempt to use this website, or the Goods purchased, for any purpose: 1) that is any way unlawful or prohibited 2) that transmits any unauthorized or unsolicited advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail or unsolicited commercial communications, 3) that transmits any viruses, 4) that interferes with Peptidist’s network services; 5) that attempts to gain unauthorized access to Peptidist’s network services, or 6) that impairs or limits Peptidist’s ability to operate this website or any other person’s ability to access or use the website. You agree that you will only access or use information related to You in accordance with the Services You purchase, and not for any illegal purposes. You agree that you will access this website at your own risk. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE, SERVER AND THE INTERNET GENERALLY. You understand that Peptidist cannot and does not ensure continuous access to the website. Access may be interrupted due to technical limitations, such as heavy use and server malfunctions, or other circumstances, such as maintenance. Peptidist reserves the right to modify this website at any time without your consent. TO BE CLEAR, YOU UNDERSTAND AND AGREE THAT Peptidist WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM, OR IN ANY WAY CONNECTED TO, YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE WEBSITE OR ANY MATERIALS, INFORMATION, PRODUCTS, GOODS OR SERVICES OBTAINED OR ACCESSED THROUGH THE WEBSITE. FURTHER, THIS ALSO GOES FOR THE USE OF GOODS AND SERVICES THAT ALL USE UPON PURCHASE IS SOLELY FOR LEGAL USE ONLY. FOR THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION SHALL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION PERMITTED BY APPLICABLE LAW.
Jurisdictional Issues
The Website is operated by Peptidist from its offices in MONTANA, USA. The Website is intended for users who reside in the United States of America. Peptidist makes no representations or warranties that the Website or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Website outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Peptidist reserves the right to limit the availability of the Website and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Website is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
General Information
No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. These Terms of Use set forth the entire Agreement between you and Peptidist with respect to use of the Website and supersede any prior agreements between you and Peptidist relating to such subject matter. The Terms are not assignable, transferable or sub-licensable by you except with Peptidist’s prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Peptidist’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Peptidist’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Peptidist with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.
Violations, Questions, Comments?
Please report any violations of these Terms of Use to the system administrator. Further, if you have questions, comments or complaints about these Terms or the Website, please contact us at: support@peptidist.com
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