PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

 

This Agreement contains the terms and conditions that apply to your purchase from or through use of NanobacTX.com, a subsidiary website owned by NanoBiotech Pharma, Inc. and/or NanoBiotech Pharma, Inc., the entity named on the invoice (“NanoBiotech Pharma, Inc.” or NanobacTX.com ) that will be provided to you (“Customer”) on orders for products sold in the United States. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH NANOBIOTECH PHARMA, INC., IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER NANOBIOTECH PHARMA, INC. STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, at NanoBiotech Pharma, Inc.’s sole discretion. Visit this page to review current Terms and Conditions of Sale which are binding on you.

 

1.Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both the Customer and NanoBiotech Pharma, Inc.

 

2.Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS OR RULES.

 

3.Payment Terms; Orders; Quotes; Interest. Terms of payment are within NanoBiotech Pharma, Inc.’s sole discretion, and unless otherwise agreed to by NanoBiotech Pharma, Inc., payment must be received by NanoBiotech Pharma, Inc. prior to NanoBiotech Pharma, Inc.’s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by NanoBiotech Pharma, Inc. Invoices are due and payable within the pre-arranged time period and measured from the date of the invoice. NanoBiotech Pharma, Inc. may invoice parts of an order separately. Orders are not binding upon NanoBiotech Pharma, Inc. until accepted by NanoBiotech Pharma, Inc. Any quotations given by NanoBiotech Pharma, Inc. will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. NanoBiotech Pharma, Inc. reserves the right to limit the order quantity on any product and/or to refuse to ship product to any customer for any reason, or for no reason whatsoever, without prejudice, with or without prior notice.

 

4.Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on NanoBiotech Pharma, Inc.’s invoice(s). Unless Customer provides NanoBiotech Pharma, Inc. with a valid and correct tax exemption certificate applicable to the product ship-to location prior to NanoBiotech Pharma, Inc.’s acceptance of the order, the Customer is responsible for required sales taxes and all other taxes associated with the order, however designated, except for NanoBiotech Pharma, Inc.’s franchise taxes and taxes on NanoBiotech Pharma, Inc.’s net income. If applicable, a separate charge for tax will be shown on NanoBiotech Pharma, Inc.’s invoice.

 

5.Title; Risk of Loss. Title to products passes from NanoBiotech Pharma, Inc. to Customer upon shipment from NanoBiotech Pharma, Inc.’s facility. Loss or damage that occurs during shipping by NanoBiotech Pharma, Inc. via UPS is the responsibility of UPS and recourse for damage or loss should be sought from UPS by the customer. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. NanoBiotech Pharma, Inc. is not responsible for any Product or fiduciary losses due to Customs decisions and is not responsible for any Customs duties levied by any Country. It is the sole responsibility of the Customer to pay or handle any Customs duties/issues arising from their Country’s Customs department. Products are not refundable for any reason.

 

6.Warranties, Disclaimers. NANOBIOTECH PHARMA, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF’ MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.

 

7.Return Policies. NanoBiotech Pharma, Inc. opened and/or unopened products that are purchased directly VIA NanobacTX.com or from NanoBiotech Pharma, Inc. by an end-user Customer may not be refunded or returned by Customer in accordance with NanoBiotech Pharma, Inc.’s policy in effect on the date of the purchase. Opened and/or unsealed product bottles or unopened product bottles from end-user Customer are considered as potentially “contaminated” and are not returnable or refundable at any time for any reason or circumstance.

 

8.Products. NanoBiotech Pharma, Inc.’s policy is one of on-going product update and revision. NanoBiotech Pharma, Inc. may revise and discontinue products at any time and are not responsible for typographical errors or misprints. NanoBiotech Pharma, Inc. reserves the right to limit any order or quantity purchase at any time without notice. Product prices, promotions and handling charges are subject to change without notice.

 

9.Price Definitions and Promotions. “Retail price” is defined as our regular retail price. NanoBiotech Pharma, Inc refers to their product’s non-promotional price on the NanoBiotechPharma.com website. A “sale price” is a limited-time promotional price for the product(s). NanoBiotech Pharma, Inc. conducts periodic promotions related to shipping and/or products, and may utilize special promotional codes. All offers are for a limited time only, and only while supplies last. Offers cannot be applied to previous orders, or held for use past the promotional period designated by NanoBiotech Pharma. “Rain checks” are not allowed or available at any time. Usage of and acceptance of promotional codes is at the sole discretion of NanoBiotech Pharma, Inc. Promotional codes offering percentile discounts shall only apply to a designated maximum volume of product units and/or a set value of the product order, all as designated at NanoBiotech Pharma, Inc. discretion. NanoBiotech Pharma, Inc. reserves the right to cancel an order if it believes that a fraudulent, abusive or malevolent order has been placed or has ulterior purposes.

 

10.Limitation of Liability. NANOBIOTECH PHARMA, INC. DOES NOT ACCEPT LIABILITY OR ASSURANCES BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. NANOBIOTECH PHARMA, INC. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

 

11.Arbitration. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against NanoBiotech Pharma, Inc., its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “NanoBiotech Pharma, Inc.”) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), NanoBiotech Pharma, Inc.’s advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at https://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and NanoBiotech Pharma, Inc. The arbitration shall be held in Orange County, Florida at the attorney office of NanoBiotech Pharma, Inc., by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

 

12.Applicable Law; FOR PERSONAL USE ONLY AND NOT FOR TRANSFER OR RESALE. Customer agrees to comply with all applicable laws and regulations of the various States and of the United States. Customer agrees and represents that he/she/it is buying for its own internal use only, and not for resale. NanoBiotech Pharma, Inc. has separate terms and conditions governing resales and all resellers must be approved by NanoBiotech Pharma, Inc. under separate Agreement(s).

 

13.Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

 

14. Acceptance.

By ordering any product at www.NanobacTX.com or from NanoBiotech Pharma, Inc., whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the “Acceptance of Contract Terms” contained elsewhere in the NanoBiotech Pharma, Inc. website and/or www.NanobacTX.com website.