Indemnity Waiver + Arbitration clause
Indemnity Waiver / Customer Agreement
Definitions
Research Compounds: Refers to any product or substance sold on the Peptide Hackers website.
Client: Refers to the person purchasing or receiving the research compounds. The client is solely responsible for the proper use and any potential misuse of the research compounds, including if the product is given to another person.
Agreement:
In consideration of the purchase of research compounds from Peptide Hackers, you, the client, agree to indemnify, defend, and hold harmless Peptide Hackers, its officers, directors, employees, agents, and affiliates (referred to as "Company") from any and all claims, liabilities, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising from or related to the purchase, possession, or use of the research compounds.
You understand that the research compounds sold by the Company are intended solely for research purposes and are not approved by the U.S. Food and Drug Administration (FDA) for human or animal use.
You agree to use the compounds according to all applicable laws and regulations and take full responsibility for any risks associated with their purchase, possession, and use.
You release, discharge, and waive any claims, demands, causes of action, suits, judgments, and liabilities of any kind that may arise from or be connected to the purchase, possession, or use of the research compounds.
You further agree to defend, indemnify, and hold harmless Peptide Hackers against any claims, liabilities, damages, expenses, and losses, including but not limited to personal injury, property damage, or any other harm, whether direct or indirect, foreseeable or unforeseeable, resulting from or connected to the purchase, possession, or use of the research compounds.
Dispute Resolution:
In the event of any dispute arising from or related to the purchase, possession, or use of the research compounds, you agree to resolve the dispute through arbitration. The arbitration must be initiated within 30 days after the dispute arises. For disputes involving amounts below $5,000,000, the arbitration will be conducted by the American Arbitration Association (AAA). For disputes involving amounts above $5,000,000, the arbitration will be conducted by the International Institute for Conflict Prevention & Resolution (CPR). The arbitration will take place in Los Angeles, California. The client will pay the filing fee and cover the expenses if the arbitration finds the case frivolous. However, the client's total arbitration fees will be capped at $5,000 if the client demonstrates financial hardship by having a licensed CPA provide documentation of their inability to pay the fees. If the case is found frivolous, the client will be responsible for paying the arbitration fees and any damages. Additionally, you have the right to opt out of arbitration by sending a certified letter to 2029 Century Park East, Suite 400, Los Angeles, CA 90067, within 30 days of the purchase. The letter must include your name, address, and a clear statement that you wish to opt out of arbitration. Peptide Hackers will confirm receipt of the opt-out letter.
Dispute Resolution:
The client must first contact Peptide Hackers to resolve any disputes. Peptide Hackers will have 30 days to come to a resolution. If the issue cannot be resolved within this period, the client may proceed with arbitration. Peptide Hackers holds no liability if the client misunderstood or did not follow the agreement terms.
Confidentiality Clause:
The arbitration process and its outcomes shall remain confidential. Neither party shall disclose any information related to the arbitration to any third party, except as required by law. Any breach of this confidentiality clause may result in specific legal consequences, such as monetary damages or other remedies deemed appropriate by the arbitrator.
Consumer Protection Compliance:
This agreement complies with all relevant consumer protection laws, including the California Consumer Privacy Act (CCPA).
Clarity on Use of Research Compounds:
The research compounds are intended solely for research purposes and are not for human or animal use.
Data Privacy and Security:
We only hold information on the Shopify store and hold no additional information about the client. We do not discuss client purchases with anyone else.
Specific Remedies for Breaches:
Peptide Hackers may impose civil damages for liable damages if the client shows prejudice and holds Peptide Hackers accountable prior to attempting to resolve the issue with us.
Force Majeure Clause:
Peptide Hackers is not responsible if a natural disaster or other uncontrollable event causes your package to go missing.
By agreeing to this indemnity agreement and arbitration clause, you waive your rights to a jury trial or any other legal proceedings.
This indemnity waiver applies to you, your heirs, executors, administrators, successors, and assigns.
By purchasing research compounds from Peptide Hackers and clicking the agreement button on the website, you confirm that you have read and understood this Indemnity Waiver. You voluntarily agree to its terms and conditions, and you certify that you are purchasing these products solely for commercial Research Use Only (RUO), and that you are qualified and authorized to use them for such purposes in accordance with applicable federal laws and regulations.
Governing Law:
This waiver shall be governed by and construed in accordance with the laws of the United States of America, and specifically the laws of the State of California, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising under this waiver will be brought exclusively in the courts of California, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
Limitation of Liability:
The maximum potential damages that can be claimed shall not exceed the amount paid for the research compounds or $5,000, whichever is less. This limitation applies to all claims, including but not limited to breach of contract, breach of warranty, negligence, or any other tort or legal theory.
Severability Clause:
If any part of this agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.
Amendment Clause:
Any amendments to this agreement will be communicated via email notification and updates on our website. We will update the website and changes will be effective immediately upon posting.
Acknowledgment of Understanding:
By purchasing the research compounds and clicking the agreement button on the website, you acknowledge that you have read and fully understand this agreement and agree to its terms.