PLEASE READ! The following terms and conditions create a binding contract (the “Agreement”) between you and Narrows Labs, LLC (the “Company”). THE TERMS AND CONDITIONS DESCRIBED BELOW AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING CLAIMS FOR DAMAGES IN STATE OR FEDERAL COURT. PLEASE READ CAREFULLY.
A. THE COMPANY’S PRODUCTS
THE COMPANY’S PRODUCTS ARE INTENDED PRIMARILY FOR LABORATORY RESEARCH PURPOSES AND, UNLESS OTHERWISE STATED BY COMPANY, ARE NOT TO BE USED FOR ANY OTHER PURPOSE, including but not limited to, in vitro diagnostic purposes, in foods, drugs, medical devices or cosmetics for humans or animals or for commercial purposes. You acknowledge that Company’s Products have not been tested by Company for safety or efficacy in food, drug, medical device, cosmetic, commercial or any other use. You expressly represent and warrant to Company that you will properly test, use, manufacture and market Company’s Products and/or materials produced with Company’s Products according to industry standards and in strict compliance with all applicable laws and regulations, now and hereinafter enacted. You further warrant that any material produced with Company’ Products shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act and shall not be materials which may not, under Sections 404, 505, or 512 of the Act, be introduced into interstate commerce.
Company’s Products are, unless otherwise stated, intended primarily for research purposes, they may not be on the Toxic Substances Control Act (TSCA) inventory. You assume responsibility to assure that Company’s Products are approved for use under TSCA, if applicable. You have the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using Company’s Products. You also assume the duty to warn your employees, those associated with you and any auxiliary personnel (such as freight handlers, etc.) of any risks involved in using or handling the Products. You agree to comply with instructions, if any, furnished by Company relating to the use of the Products and will not misuse the Products in any manner. Company’s Products shall not, unless otherwise stated, be considered to be foods, drugs, medical devices or cosmetics.
B. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF COMPANY’S PRODUCTS IS AT YOUR SOLE RISK. The Company’s Products are provided “as is” with all faults and without any warranty of any kind, including but not limited to, the implied warranties of merchantability, of satisfactory quality, and of fitness for a particular purpose.
C. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER CAUSED BY USE OF COMPANY’S PRODUCTS.
D. WAIVER AND INDEMNITY
BY PURCHASING COMPANY’S PRODUCTS, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND CONTRACTORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR PRUCHASE AND/OR USE OF COMPANY’S PRODUCTS. You also agree that you will not sue or recover any damages from Company, its directors, officers, employees, affiliates, or agents as a result of your purchase and/or use of Company’s products.
ANY DISPUTE OR CLAIM RELATING TO OR ARISING OUT OF THE PURCHASE OR USE OF THE COMPANY’S PRODUCTS SHALL, TO THE FULLEST EXTENT PERMITTED BY LAW, BE FULLY AND FINALLY RESOLVED BY CONFIDENTIAL, BINDING ARBITRATION. The arbitration shall be held in Pierce County, Washington or in any other locale to which the parties jointly agree. The parties each waive their respective rights to have any such disputes/claims tried by a judge or a jury. Each party shall bear its own respective attorneys’ fees and costs of the arbitration, except to the extent otherwise provided by law and awarded by the arbitrator. You agree that you may bring claims against the Company only in an individual capacity, and not as a plaintiff or class member in any purported class action or other representative proceeding.
F. GOVERNING LAW
This Agreement and the relationship between you and Company, including your purchase and/or use of Company Products, shall be governed by the laws of the State of Washington.
G. COMPLIANCE WITH LAWS
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your purchase and/or use of Company’s Products.