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Website Terms of Use

Last Modified: [05/26/2020]

 

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and Marine Essence Biosciences Corporation of USA (“Marine Essence”, “we” or “us”). The following terms and conditions (these “Terms of Use”), govern your access to and use of https://mebioscience.com (the “Website”), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Website.

We may offer sales or other promotions (such as contests, sweepstakes, or other offerings) on the Website from time to time that may affect pricing or other terms and conditions related to your use of the Website or purchase of the products offered on it. These offers and sales are governed by terms and conditions which will be provided to you at the time of the sale or other promotion that separate from these Terms of Use. If there is a conflict between the terms for an offer or promotion and these Terms of Use, the offer or promotion terms will govern.

Our Website is offered and available to users who are at least 18 years or the applicable age of majority in your jurisdiction. By using our Website, you represent and warrant that you are of legal age to form a binding contract with Marine Essence and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time/frequently/each time you access our Website so you are aware of any changes, as they are binding on you.

 

3. Accessing the Website and Account Security

We reserve the right to withdraw or amend our Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and comply with them.

To access our Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with our Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

4. Intellectual Property Rights

Our Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Marine Essence, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Marine Essence. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

5. Trademarks

The Marine Essence name, the Marine Essence logo and all related names, logos, product and service names, designs and slogans are trademarks of Marine Essence or its affiliates or licensors. You must not use such marks without the prior written permission of Marine Essence. All other names, logos, product and service names, designs and slogans on our Website are the trademarks of their respective owners.

 

6. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Marine Essence, a Marine Essence employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Marine Essence or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

 

7. User Contributions

The Websites may contain message boards, blogs, and other interactive features (“Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) reviews, content, or other materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties and exploit any such material throughout the world and for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Marine Essence, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

 

8. Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Marine Essence.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS MARINE ESSENCE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

9. Content Standards

These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

10. Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringes your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • Include both of the following statements in the body of the DMCA Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  • Our designated Copyright Agent to receive DMCA Notices is:

Copyright Agent

4552 Danito Court

Chino, CA 91710

info@m-e-bio.com

1-866-632-4601

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

11. Online Purchases and Other Terms and Conditions

All prices posted on our Website are subject to change without notice. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We strive to display accurate information about our products, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to our products, including pricing and availability. We are not responsible for pricing, typographical or other errors related to our products and we reserve the right to cancel any orders arising from such errors. You agree that your order is an offer to buy, under these Terms of Use, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept and/or cancel any orders in our sole discretion, including if you violate these Terms of Use or if we suspect fraudulent activity.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept all major credit cards, ShopPay, and ApplePay for all purchases, however we may accept new methods of payment or discontinue accepting any method of payment in our sole discretion. You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or other payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or other applicable payment company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

We will arrange for shipment of the products to you. Please check the Website for specific delivery options. You are responsible all shipping and handling charges specified during the ordering process, if any. Title and risk of loss pass to you upon delivery. Shipping and delivery dates posted on the Website are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Upon shipment, we will promptly provide you with a shipping tracking number when available.

Except for any products designated on the Website as non-returnable, we will accept a return of unused and unopened products in their original packaging for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 14 days of delivery and provided such products are returned in their original condition. To return products, you must call  +1 (866) 632-4601 or e-mail our Returns Department at info@m-e-bio.com to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.

Refunds are processed within approximately 7-14 business days of our receipt of your returned product. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

 

12. Limited Warranty for Products Purchased

This limited warranty gives you specific legal rights and you may also have other rights, which vary from jurisdiction to jurisdiction. This limited warranty can also be found in the documentation we provide with the products

We warrant that for ninety (90) days following the date of purchase, the products purchased from the Website will be free from defects in materials and workmanship.

WE LIMIT THE DURATIONS AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRATY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR SOLE RESPONSILBITY FOR DEFECTIVE PRODUCTS IS LIMITED TO THE REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. Neither any performance or other conduct, nor any oral or written information, statement, or advice provided by us or any of our agents or employees, will create a warranty, or in any way increase the scope or duration of this limited warranty.

Who May Use This Warranty? This limited warranty extends only to the original purchaser of products and services from the Website. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.

What Does This Warranty Cover? This limited warranty covers defects in materials and workmanship in products and services purchased from the Website during the ninety (90) days following your purchase (the “Warranty Period”)

What Does This Warranty Not Cover? This limited warranty does not cover any damages due to: (a) transportation; (b) storage; (c) improper use; (d) failure to follow the product instructions; (e) modifications; (f) combination or use with any products, materials, or other matter; and (g) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

What Are Your Remedies Under This Warranty? With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) replace such products free of charge; or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the replacement product to you if we elect to replace the defective products.

How Do You Obtain Warranty Service? To obtain warranty service, you must call +1 (866) 632-4601 or e-mail our Customer Service Department at info@m-e-bio.com during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number.

The remedies described above are your sole and exclusive remedies and our entire obligation and liability for any breach of this limited warranty.  under no circumstances will Our liability exceed the actual amount paid by you for the defective product that you have purchased through the site, nor will we under any circumstances be liable for any consequential, incidental, special or punitive damages or losses, whether direct or indirect.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

13. Goods Not for Resale or Export

You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or obtaining samples from the Website and Marine Essence for your own personal or household use only, and not for resale or export. Products purchased from the Website and/or samples provided by Marine Essence may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).

 

14. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Our Website may include content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Marine Essence, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Marine Essence. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

15. FDA Disclaimer

The statements made regarding the products offered on our Website have not been evaluated by the Food and Drug Administration (“FDA”). The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure, or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from healthcare practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act requires this notice.

Neither Marine Essence nor its representatives are providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials, or other information set forth on the Website or in other Marine Essence materials or provided over the phone, in the mail, in product packaging, or in email correspondence. You should never rely on any information on the Website as an alternative to medical advice from your doctor or other professional healthcare providers. You should seek immediate medical attention if you think you may be suffering from an injury or other medical condition. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on our Website or any materials provided by Marine Essence or its representatives. Our products are not for use by or sale to persons under the age of 18.

 

16. Changes to the Website

We may update the content on our Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

17. Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Notice. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

 

18. Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on our Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

 

19. Links from the Website

If the Website contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

20. Geographic Restrictions

The owner of the Website is based in the state of California in the United States. We provide our Website for use only by persons located in the United States. We make no claims that the Website or any of its content or products offered on the Website are accessible or appropriate outside of the United States. Access to the Website or the products offered on the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

21. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that content available on the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any services provided on or through the Website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Website, its content and any services provided on or through the Website is at your own risk. The Website, their content and any services provided on or through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither marine essence nor any person associated with marine essence makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website. Without limiting the foregoing, neither marine essence nor anyone associated with marine essence represents or warrants that the Website, its content or any services provided on or through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Website or the server that makes it available are free of viruses or other harmful components or that the Website or any services provided on or through the Website will otherwise meet your needs or expectations.

Marine Essence hereby disclaims all warranties of any kind related to the website, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

 

22. Limitation on Liability

In no event will Marine Essence, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites, or any services provided on or through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

 

23. Indemnification

You agree to defend, indemnify and hold harmless Marine Essence, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

 

24. Arbitration

except for claims of intellectual property infringement, You and MARINE ESSENCE Biosciences Are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.

except for claims of intellectual property infringement, Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products or services Provided on or through the Website, will be resolved exclusively and finally by binding arbitration.

We will try to work in good faith to resolve any issue you have with the Website, including any products ordered or purchased through the Website. However, we realize that there may be rare cases where we may not be able to resolve an issue to your satisfaction.

Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

If you are in the United States: The arbiter shall have the sole power to rule on any challenge to its own jurisdiction and all issues regarding arbitrability shall be decided solely by the arbiter. The place of arbitration shall be Los Angeles, California and the language of the arbitration shall be in English. The claimant shall commence the arbitration by delivering a notice of arbitration to the respondent setting out the nature of the claim(s) and the relief requested. Within thirty (30) days of the receipt of the notice of arbitration, the respondent shall deliver to the claimant its answer and any counterclaim(s), setting out the nature of such counterclaims(s) and the relief requested. The arbiter shall consist of one independent and neutral arbitrator mutually agreed to by you and Marine Essence within twenty (20) days of receipt by the respondent of the request for arbitration or in default thereof appointed by JAMS in accordance with its applicable rules. You and Marine Essence agree to keep confidential the existence of the arbitration, the arbitral proceedings, the submissions made by the Parties and the decisions made by the arbiter, including its awards to the extent not already in the public domain, except in judicial proceedings related to the award or where required by applicable law. The arbiter shall decide the procedures to be following in the arbitration after consultation with you and Marine Essence. The arbiter shall will have no authority to award punitive damages, consequential damages, or compensatory damages exceeding the purchase price of the products purchased on the Website or, if no such purchases were made, any compensatory damages exceeding $100.

If you are outside the United States: The arbitration will be conducted in accordance with the Rules for Non-Administered Arbitration of the International Institute for Conflict Prevention and Resolution (“Rules”) then in effect. The arbitration will be conducted before a panel of three arbitrators selected using the screened process provided in the Rules. The arbitration shall be seated and take place in New York, New York. The arbitration panel, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement. The arbitration panel shall have no power to award non-monetary or equitable relief of any sort. It shall also have no power to award damages inconsistent with the limitations of liability provisions or any other terms herein. Judgment on any arbitration award may be entered in any court having jurisdiction. All aspects of the arbitration shall be treated as confidential. You accept and acknowledges that any demand for arbitration arising from or in connection with your use of the Website must be issued within one year from the date you became aware or should reasonably have become aware of the facts that give rise to the alleged liability and, in any event, no later than two (2) years after the cause of action accrued.

You agree to an arbitration on an individual basis. In any dispute, neither you nor MARINE ESSENCE Biosciences will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Notwithstanding anything to the contrary in this Section, you or Marine Essence may elect to pursue a claim in small claims court rather than arbitration by providing the other party with notice of your or Marine Essence’s intention to do so within thirty (30) days of the time the claim arises. The small-claims court proceeding will be limited solely to your or Marine Essence’s individual dispute or controversy.

This arbitration clause shall survive the termination of these Terms of Use. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth in Section 26.

 

25. Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the Website must be commenced within one (1) year after the claimant becomes aware of the facts that give rise to the alleged liability and, in any event, no later than (2) years after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

 

26. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Subject to Section 24, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and County of Los Angeles although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

27. Waiver and Severability

No waiver by Marine Essence of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Marine Essence to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

28. Entire Agreement

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and Marine Essence Biosciences Corporation of USA with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

 

29. Your Comments and Concerns

The Website are operated by Marine Essence Biosciences Corporation of USA; ATTN: Customer Service Team; 4552 Danito Court; Chino, CA 91710; USA; +1 (866) 632-4601. We are available Monday through Friday (except holidays and other days which businesses in Chino, CA are closed), 10 AM – 6 PM PST.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@m-e-bio.com.

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