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Welcome to Monterey Bay Peak Research(“Monterey Bay Peak Research,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website, products, services, and related content.
By accessing our website, creating an account, placing an order, or purchasing any product from us, you acknowledge that you have read, understood, and agreed to these Terms.
If you do not agree to these Terms, you must not use this website or purchase our products.
1. Eligibility
By using this website or placing an order, you represent that:
- You are legally capable of entering into a binding agreement.
- You meet all applicable age requirements in your jurisdiction.
- You are legally permitted to purchase and possess the products you order.
- All information you provide to the Company is accurate and complete.
- You will comply with all applicable federal, state, local, and international laws and regulations.
The Company reserves the right to refuse service or cancel an order if eligibility requirements are not satisfied.
2. Research Use Only
Products identified by the Company as Research Use Only (“RUO”) are sold exclusively for legitimate scientific, laboratory, analytical, educational, or research purposes.
RUO products are not intended for human or veterinary use.
They are not intended to:
- Be consumed or administered to humans or animals;
- Diagnose, treat, cure, mitigate, or prevent disease;
- Function as medications or therapeutic products;
- Serve as dietary supplements;
- Be used for clinical treatment;
- Be used for self-administration;
- Replace prescription or approved medical products; or
- Be used for any other human or veterinary purpose.
You agree that you will not use any RUO product for a prohibited purpose.
Our Research Use Only Policy is incorporated into these Terms by reference and forms part of your agreement with the Company.
3. No Medical Advice
The information provided on this website is for general research and informational purposes only.
Nothing on this website constitutes:
- Medical advice;
- Diagnosis;
- Treatment recommendations;
- A prescription;
- A recommendation to use any product in humans or animals;
- A physician-patient relationship; or
- A substitute for consultation with a qualified healthcare professional.
The Company does not provide medical treatment or clinical guidance through this website.
If you require medical advice or treatment, consult an appropriately licensed healthcare professional.
4. Product Information
We attempt to provide accurate and current information about our products. However, product descriptions, specifications, images, availability, and other information may change without notice.
Product images are provided for illustrative purposes and may not always represent the exact packaging or appearance of the product received.
The Company does not warrant that product descriptions or other website content will always be complete, accurate, current, or error-free.
5. Orders
Submitting an order through our website constitutes an offer to purchase products subject to these Terms.
The Company reserves the right to:
- Accept or reject any order;
- Limit quantities;
- Cancel an order;
- Correct pricing or product-description errors;
- Request additional information;
- Restrict purchases based on geographic location;
- Restrict purchases based on intended use; or
- Refuse service where necessary to comply with applicable law or Company policy.
An order is not considered finally accepted until the Company confirms the order.
The Company may cancel an order after confirmation if circumstances arise that make fulfillment inappropriate or unlawful.
6. Order Accuracy
You are responsible for reviewing all order information before submitting your purchase.
This includes:
- Product selection;
- Quantity;
- Shipping address;
- Billing information;
- Contact information; and
- Any other information submitted during checkout.
The Company is not responsible for delays, losses, or additional costs caused by inaccurate information provided by the customer.
7. Pricing
Prices displayed on the website are subject to change without notice.
The Company reserves the right to correct pricing errors, including errors caused by technical issues, typographical mistakes, or incorrect product information.
If an order contains a pricing error, the Company may cancel the order and issue a refund for any amount already paid.
Applicable taxes, shipping charges, and other fees may be added during checkout.
8. Payment
Orders must be paid using an accepted payment method available through the website.
By submitting payment information, you represent that:
- You are authorized to use the payment method;
- The information provided is accurate;
- The transaction is legitimate; and
- You will not use fraudulent payment information.
The Company may cancel or suspend an order if payment cannot be successfully processed.
9. Shipping and Delivery
The Company will ship orders to the address provided by the customer at checkout.
Customers are responsible for ensuring that their shipping information is accurate and complete.
Shipping times are estimates and are not guaranteed unless expressly stated otherwise.
The Company is not responsible for delays caused by:
- Shipping carriers;
- Weather;
- Customs;
- Government agencies;
- Incorrect addresses;
- Natural disasters;
- Supply interruptions;
- Holidays;
- International import requirements; or
- Circumstances beyond the Company's reasonable control.
Once an order has been transferred to the shipping carrier, delivery is subject to the carrier's policies and procedures.
10. International Orders
Customers purchasing products from outside the United States are responsible for determining whether the products may legally be purchased, imported, possessed, or used in their jurisdiction.
The Company does not guarantee that products are legal or permitted in every country, state, province, territory, or jurisdiction.
Customers are responsible for:
- Import requirements;
- Customs requirements;
- Duties;
- Taxes;
- Permits;
- Licenses;
- Registrations; and
- Other applicable legal requirements.
The Company reserves the right to refuse or cancel international orders when necessary to comply with applicable law or Company policy.
11. Returns and Refunds
[Insert Company's Return and Refund Policy here.]
Unless otherwise stated in the Company's applicable return policy, customers should contact the Company before returning any product.
Products returned without prior authorization may not be accepted.
Because research materials may be sensitive to storage and handling conditions, the Company may impose specific requirements regarding returned products.
The Company reserves the right to determine whether a product qualifies for a refund, replacement, or other resolution in accordance with applicable law.
Nothing in these Terms limits any rights that cannot legally be waived under applicable law.
12. Product Handling and Storage
Customers are responsible for properly handling, storing, transporting, and disposing of products after delivery.
Products should only be handled by appropriately trained individuals in suitable laboratory environments.
Customers are responsible for reviewing applicable product documentation and determining appropriate safety procedures.
The Company is not responsible for damage resulting from improper storage, handling, transportation, or use after delivery.
13. Prohibited Uses
You may not use, purchase, resell, distribute, or otherwise handle Company products for any unlawful or prohibited purpose.
Without limitation, you may not:
- Administer RUO products to humans;
- Administer RUO products to animals;
- Use products for self-treatment;
- Use products to diagnose or treat disease;
- Market products as medications or treatments;
- Make unauthorized medical or therapeutic claims;
- Remove or obscure RUO labeling;
- Repackage products without authorization;
- Misrepresent the intended use of a product;
- Resell products for prohibited purposes;
- Provide unauthorized human dosing instructions;
- Use products in violation of applicable law; or
- Attempt to circumvent the Company's compliance procedures.
14. Customer Responsibility
You are solely responsible for determining whether your purchase, possession, handling, and intended research use of a product complies with applicable laws and regulations.
You agree to use products only for lawful purposes and in accordance with the applicable product documentation and Company policies.
The Company is not responsible for unauthorized or unlawful use of its products by customers or third parties.
15. Order Cancellation and Account Restrictions
The Company may cancel, suspend, or refuse an order or account when it reasonably believes that:
- The customer has violated these Terms;
- The customer has violated the Research Use Only Policy;
- The customer has provided false or misleading information;
- The customer intends to use a product for a prohibited purpose;
- The transaction may violate applicable law;
- The customer has engaged in fraudulent activity; or
- Additional information is necessary to evaluate an order.
The Company may also restrict future purchases where appropriate.
16. Website Use
You agree to use this website only for lawful purposes.
You may not:
- Attempt to gain unauthorized access to the website;
- Interfere with website security;
- Introduce malicious code;
- Scrape or copy website content without authorization;
- Use automated systems in a manner that disrupts website operation;
- Attempt to circumvent technical restrictions;
- Impersonate another person or entity;
- Submit fraudulent information; or
- Use the website in violation of applicable law.
The Company reserves the right to restrict or terminate access to users who violate these requirements.
17. Intellectual Property
All website content, including but not limited to:
- Logos;
- Trademarks;
- Product names;
- Text;
- Graphics;
- Photographs;
- Product descriptions;
- Website design;
- Videos;
- Software;
- Documents; and
- Other materials
are owned by or licensed to the Company unless otherwise stated.
You may not reproduce, modify, distribute, sell, publish, or commercially exploit Company content without prior written permission.
Nothing in these Terms grants you ownership of any Company intellectual property.
18. User Submissions
If you submit reviews, comments, questions, photographs, testimonials, suggestions, or other content to the Company, you represent that you have the right to submit that content.
You agree not to submit content that:
- Is unlawful;
- Is fraudulent;
- Infringes another person's rights;
- Contains malicious software;
- Contains confidential information belonging to another person;
- Contains false or misleading claims; or
- Violates these Terms.
To the extent permitted by law, you grant the Company a non-exclusive right to use, reproduce, display, and distribute submitted content for legitimate business purposes.
19. Third-Party Websites and Services
Our website may contain links to third-party websites or services.
The Company does not control or necessarily endorse third-party websites and is not responsible for their:
- Content;
- Privacy practices;
- Security;
- Availability;
- Products;
- Services; or
- Policies.
Your use of third-party services is subject to the applicable third party's terms and policies.
20. Privacy
Your use of the website may involve the collection and processing of personal information.
Please review our Privacy Policy for information regarding how we collect, use, store, and protect personal information.
The Privacy Policy is incorporated into these Terms by reference.
21. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the website and its content are provided on an “as is” and “as available” basis.
The Company does not guarantee that:
- The website will always be available;
- The website will operate without interruption;
- Website content will always be accurate or complete;
- Products will be available at all times;
- The website will be free from errors or security vulnerabilities; or
- The website will meet every user's particular requirements.
Nothing in these Terms excludes a warranty or right that cannot legally be excluded.
22. Limitation of Liability
To the maximum extent permitted by applicable law, the Company and its owners, officers, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to:
- Use of the website;
- Inability to access the website;
- Purchase or use of products;
- Shipping delays;
- Improper product handling;
- Unauthorized use of products;
- Loss of data;
- Business interruption; or
- Any other matter relating to the website or products.
Nothing in these Terms limits liability where such limitation is prohibited by applicable law.
23. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company and its owners, officers, employees, contractors, affiliates, and service providers from claims, liabilities, damages, losses, costs, and expenses arising from or related to:
- Your violation of these Terms;
- Your violation of applicable law;
- Your misuse of a product;
- Your unauthorized administration of a product;
- Your violation of the Research Use Only Policy;
- Your unauthorized resale or distribution of a product; or
- Your violation of another person's rights.
24. Force Majeure
The Company will not be responsible for failure or delay in performing its obligations when caused by circumstances beyond its reasonable control.
Such circumstances may include:
- Natural disasters;
- Severe weather;
- Government actions;
- Changes in law or regulation;
- Transportation disruptions;
- Labor disputes;
- Supply-chain disruptions;
- Utility or internet failures;
- Cybersecurity incidents;
- War;
- Civil unrest; or
- Other circumstances beyond the Company's reasonable control.
25. Changes to Products and Website
The Company reserves the right to modify, discontinue, replace, or restrict any product, service, website feature, or content at any time.
The Company does not guarantee that previously available products will remain available.
26. Changes to These Terms
The Company may modify these Terms from time to time.
Updated Terms will be posted on the website and may include a revised “Last Updated” date.
Your continued use of the website after updated Terms are posted constitutes acceptance of the revised Terms to the extent permitted by applicable law.
27. Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of the State of [State], without regard to its conflict-of-law principles.
Any dispute arising from or relating to these Terms or your use of the website shall be handled in the courts located in [County, State], unless applicable law requires otherwise.
[Have legal counsel confirm the appropriate governing-law and venue provisions for the Company's business location.]
28. Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision shall be modified or removed to the minimum extent necessary, while the remaining provisions will remain in full force and effect.
29. No Waiver
A failure by the Company to enforce any provision of these Terms does not constitute a waiver of the Company's right to enforce that provision in the future.
30. Entire Agreement
These Terms, together with the Research Use Only Policy, Privacy Policy, Return and Refund Policy, and any other policies expressly incorporated into these Terms, constitute the entire agreement between you and the Company regarding your use of the website and purchase of products, except where additional written agreements apply.
31. Contact Information
Questions regarding these Terms may be directed to:
[Company Name]
[Business Address]
[Email Address]
[Telephone Number]
[Website URL]
32. Customer Acknowledgment
By accessing this website or placing an order, you acknowledge that you have read and agree to these Terms and Conditions.
By purchasing a Research Use Only product, you additionally acknowledge that the product is intended solely for legitimate research purposes and is not intended for human or veterinary use.
Research Use Only — Not for Human or Veterinary Use