Effective Date: January 30th, 2025
Applicable To The Following Website:
https://asymchemdirect.com

Article 1 - DEFINITIONS:
APPLICABLE WEBSITE: This Privacy Policy will refer to and be applicable to the Website listed above, which shall hereinafter be referred to as "Website." Any listed Website may also refer to a corresponding mobile application, should one be currently in use or hereinafter developed.

EFFECTIVE DATE: "Effective Date" means the date this Privacy Policy comes into force and effect.

PARTIES: The parties to this privacy policy are the following data controller: Asymchem Boston Corporation. ("Data Controller") and you, as the user of this Website. Hereinafter, the parties will individually be referred to as "Party" and collectively as "Parties."

DATA CONTROLLER: Data Controller is the publisher, owner, and operator of the Website and is the Party responsible for the collection of information described herein. Data Controller shall be referred to either by Data Controller's name or "Data Controller," as listed above. If Data Controller or Data Controller's property shall be referred to through first-person pronouns, it shall be through the use of the following: us, we, our, ours, etc.

YOU: Should you agree to this Privacy Policy and continue your use of the Website, you will be referred to herein as either you, the user, or if any second-person pronouns are required and applicable, such pronouns as 'your", "yours", etc.

GOODS: "Goods" means any goods that we make available for sale on the Website.

SERVICES: "Services" means any services that we make available for sale on the Website.

PERSONAL DATA: "Personal DATA" means personal data and information that we obtain from you in connection with your use of the Website that is capable of identifying you in any manner.

Article 2 - GENERAL INFORMATION:
This privacy policy (hereinafter "Privacy Policy") describes how we collect and use the Personal Data that we receive about you, as well as your rights in relation to that Personal Data, when you visit our Website or purchase our Goods or use our Services.

This Privacy Policy does not cover any information that we may receive about you through sources other than the use of our Website. The Website may link out to other websites or mobile applications, but this Privacy Policy does not and will not apply to any of those linked websites or applications.

We are committed to the protection of your privacy while you use our Website.

By continuing to use our Website, you acknowledge that you have had the chance to review and consider this Privacy Policy, and you acknowledge that you agree to it. This means that you also consent to the use of your information and the method of disclosure as described in this Privacy Policy. If you do not understand the Privacy Policy or do not agree to it, then you agree to immediately cease your use of our Website.

Article 3 -CONTACT AND DATA PROTECTION OFFICER:
The Party responsible for the processing of your personal data is as follows: Asymchem Boston Corporation. The Data Controller may be contacted as follows:

services@asymchemdirect.com
10 Gill Street, Suite J
Woburn, MA 01801 USA

The Data Controller and operator of the Website are one and the same.

The Data Protection Officer is as follows: Data Protection Officer. The Data Protection Officer may be contacted as follows:

services@asymchemdirect.com
10 Gill Street, Suite J
Woburn, MA 01801 USA

Article 4 - LOCATION:
Please be advised the data processing activities take place in the United States, outside the European Economic Area. Data may also be transferred to companies within the United States, but will only be done so in a manner that complies with the EU's General Data Protection Regulation or GDPR. The location where the data processing activities take place is as follows:

10 Gill Street, Suite J
Woburn, MA 01801 USA

Article 5 - MODIFICATIONS AND REVISIONS:
We reserve the right to modify, revise, or otherwise amend this Privacy Policy at any time and in any manner. If we do so, however, we will notify you and obtain your consent to the change in processing. Unless we specifically obtain your consent, any changes to the Privacy Policy will only impact the information collected on or after the date of the change. It is also your responsibility to periodically check this page for any such modification, revision or amendment.

Article 6 - THE PERSONAL DATA WE RECEIVE FROM YOU:
Depending on how you use our Website, you will be subject to different types of Personal Data collected and different manners of collection:

Registered users: You, as a user of the Website, may be asked to register in order to use the Website or to purchase the Goods and/or Services available for sale.

During the process of your registration, we will collect some of the following Personal Data from you through your voluntary disclosure:

Personal Data may be asked for in relation to:

I) Interaction with our representatives in any way
II) making purchases
III) receiving notifications by text message or email about marketing
IV) receiving general emails from us
By undergoing the registration process, you consent to us collecting your Personal Data, including the Personal Data described in this clause, as well as storing, using or disclosing your Personal Data in accordance with this Privacy Policy.

Unregistered users: If you are a passive user of the Website and do not register for any purchases or other service, you may still be subject to certain passive data collection ("Passive Data Collection"). Such Passive Data Collection may include through cookies, as described below, IP address information, location information, and certain browser data, such as history and/or session information.

All users: The Passive Data Collection that applies to Unregistered users shall also apply to all other users and/or visitors of our Website.

Sales & Billing Information: In order to purchase any of the goods or services on the Website, you will be asked to provide certain credit information, billing address information, and possibly additional specific information so that you may be properly charged for your purchases. This payment and billing information will not be stored and will be used exclusively to assist with your one-time purchase.

Related Entities: We may share your Personal Data, including Personal Data that identifies you personally, with any of our parent companies, subsidiary companies, affiliates or other trusted related entities.

However, we only share your Personal Data with a trusted related entity if that entity agrees to our privacy standards as set out in this Privacy Policy and to treat your Personal Data in the same manner that we do.

Email Marketing: You may be asked to provide certain Personal Data, such as your name and email address, for the purpose of receiving email marketing communications. This information will only be obtained through your voluntary disclosure and you will be asked to affirmatively opt-in to email marketing communications.

User Experience: From time to time we may request information from you to assist us in improving our Website, and the Goods and Services we sell, such as demographic information or your particular preferences.

Combined or Aggregated Information: We may combine or aggregate some of your Personal Data in order to better serve you and to better enhance and update our Website for your and other consumers' use.

We may also share such aggregated information with others, but only if that aggregated information does not contain any Personal Data.

Article 7 - THE PERSONAL DATA WE RECEIVE AUTOMATICALLY:
Cookies: We may collect information from you through automatic tracking systems (such as information about your browsing preferences) as well as through information that you volunteer to us (such as information that you provide during a registration process or at other times while using the Website, as described above).

For example, we use cookies to make your browsing experience easier and more intuitive: cookies are small strings of text used to store some information that may concern the user, his or her preferences or the device they are using to access the internet (such as a computer, tablet, or mobile phone). Cookies are mainly used to adapt the operation of the site to your expectations, offering a more personalized browsing experience and memorizing the choices you made previously.

A cookie consists of a reduced set of data transferred to your browser from a web server and it can only be read by the server that made the transfer. This is not executable code and does not transmit viruses.

Cookies do not record or store any Personal Data. If you want, you can prevent the use of cookies, but then you may not be able to use our Website as we intend. To proceed without changing the options related to cookies, simply continue to use our Website.

Technical cookies: Technical cookies, which can also sometimes be called HTML cookies, are used for navigation and to facilitate your access to and use of the site. They are necessary for the transmission of communications on the network or to supply services requested by you. The use of technical cookies allows the safe and efficient use of the site.

You can manage or request the general deactivation or cancelation of cookies through your browser. If you do this though, please be advised this action might slow down or prevent access to some parts of the site.

Cookies may also be retransmitted by an analytics or statistics provider to collect aggregated information on the number of users and how they visit the Website. These are also considered technical cookies when they operate as described.

Temporary session cookies are deleted automatically at the end of the browsing session - these are mostly used to identify you and ensure that you don't have to log in each time - whereas permanent cookies remain active longer than just one particular session.

Third-party cookies: We may also utilize third-party cookies, which are cookies sent by a third-party to your computer. Permanent cookies are often third-party cookies. The majority of third-party cookies consist of tracking cookies used to identify online behavior, understand interests and then customize advertising for users.

Third-party analytical cookies may also be installed. They are sent from the domains of the aforementioned third parties external to the site. Third-party analytical cookies are used to detect information on user behavior on our Website. This place anonymously, in order to monitor the performance and improve the usability of the site. Third-party profiling cookies are used to create profiles relating to users, in order to propose advertising in line with the choices expressed by the users themselves.

Profiling cookies: We may also use profiling cookies, which are those that create profiles related to the user and are used in order to send advertising to the user's browser.

When these types of cookies are used, we will receive your explicit consent.

Support in configuring your browser: You can manage cookies through the settings of your browser on your device. However, deleting cookies from your browser may remove the preferences you have set for this Website.

For further information and support, you can also visit the specific help page of the web browser you are using:

- Internet Explorer: http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies
- Firefox: https://support.mozilla.org/en-us/kb/enable-and-disable-cookies-website-preferences
- Safari: http://www.apple.com/legal/privacy/
- Chrome: https://support.google.com/accounts/answer/61416?hl=en
- Opera: http://www.opera.com/help/tutorials/security/cookies/
Log Data: Like all websites and mobile applications, this Website also makes use of log files that store automatic information collected during user visits. The different types of log data could be as follows:

- internet protocol (IP) address;
- type of browser and device parameters used to connect to the Website;
- name of the Internet Service Provider (ISP);
- date and time of visit;
- web page of origin of the user (referral) and exit;
- possibly the number of clicks.

The aforementioned information is processed in an automated form and collected in an exclusively aggregated manner in order to verify the correct functioning of the site, and for security reasons. This information will be processed according to the legitimate interests of the Data Controller.

For security purposes (spam filters, firewalls, virus detection), the automatically recorded data may also possibly include Personal Data such as IP address, which could be used, in accordance with applicable laws, in order to block attempts at damage to the Website or damage to other users, or in the case of harmful activities or crime. Such data are never used for the identification or profiling of the user, but only for the protection of the Website and our users. Such information will be treated according to the legitimate interests of the Data Controller.

Article 8 - THIRD PARTIES:
We may utilize third-party service providers ("Third-Party Service Providers"), from time to time or all the time, to help us with our Website, and to help serve you.

We may use Third-Party Service Providers to assist with information storage (such as cloud storage).

We may provide some of your Personal Data to Third-Party Service Providers in order to help us track usage data, such as referral websites, dates and times of page requests, etc. We use this information to understand patterns of usage of, and to improve, the Website.

We may use Third-Party Service Providers to host the Website. In this instance, the Third-Party Service Provider will have access to your Personal Data.

We may use Third-Party Service Providers to fulfill orders in relation to the Website.

We only share your Personal Data with a Third-Party Service Provider if that provider agrees to our privacy standards as set out in this Privacy Policy.

Your Personal Data will not be sold or otherwise transferred to other third parties without your approval.

Notwithstanding the other provisions of this Privacy Policy, we may provide your Personal Data to a third party or to third parties in order to protect the rights, property or safety, of us, our customers or third parties, or as otherwise required by law.

We will not knowingly share your Personal Data with any third parties other than in accordance with this Privacy Policy.

If your Personal Data might be provided to a third party in a manner that is other than as explained in this Privacy Policy, you will be notified. You will also have the opportunity to request that we not share that information.

In general, you may request that we do not share your Personal Data with third parties. Please contact us via email, if so. Please be advised that you may lose access to certain services that we rely on third-party providers for.

Article 9 - SOCIAL NETWORK PLUGINS:
This Website incorporates plugins and/or buttons for social networks, in order to allow easy sharing of content on your favorite social networks. These plugins are programmed so as not to set any cookies when accessing the page, to safeguard the privacy of users. Cookies may be set, however, if you make voluntary use of the plugin. Please note that if you browse while being logged into the social network, then you have already consented to the use of cookies conveyed through this Website at the time that you registered with the particular social network.

The collection and use of information obtained by means of the plugin are governed by the respective privacy policies of the social networks, which can be found below:

Facebook: https://www.facebook.com/help/cookies
Twitter: https://help.twitter.com/en/rules-and-policies/twitter-cookies
Google+: https://about.pinterest.com/it/privacy-policy
Pinterest: https://about.pinterest.com/it/privacy-policy
AddThis: http://www.addthis.com/privacy/privacy-policy
Linkedin: https://www.linkedin.com/legal/cookie-policy

Article 10 - HOW PERSONAL DATA IS STORED:
We use secure physical and digital systems to store your Personal Data when appropriate. We ensure that your Personal Data is protected against unauthorized access, disclosure, or destruction.

Please note, however, that no system involving the transmission of information via the internet, or the electronic storage of data, is completely secure. However, we take the protection and storage of your Personal Data very seriously. We take all reasonable steps to protect your Personal Data.

Personal Data is stored throughout your relationship with us. We delete your Personal Data upon request for cancelation of your account or other general request for the deletion of data.

In the event of a breach of your Personal Data, you will be notified in a reasonable time frame, but in no event later than two weeks, and we will follow all applicable laws regarding such breach.

Article 11 - PURPOSES OF PROCESSING OF PERSONAL DATA:
We primarily use your Personal Data to help us provide a better experience for you on our Website and to provide you the services and/or information you may have requested, such as use of our Website.

Information that does not identify you personally, but that may assist in providing us broad overviews of our customer base, will be used for market research or marketing efforts. Such information may include, but is not limited to, interests based on your cookies.

Personal Data that may be considering identifying may be used for the following:

a) Improving your personal user experience
b) Communicating with you about your user account with us
c) Marketing and advertising to you, including via email
d) Fulfilling your purchases
e) Providing customer service to you
f) Advising you about updates to the Website or related Items

Article 12 - DISCLOSURE OF PERSONAL DATA:
Although our policy is to maintain the privacy of your Personal Data as described herein, we may disclose your Personal Data if we believe that it is reasonable to do so in certain cases, in our sole and exclusive discretion. Such cases may include, but are not limited to:

a) To satisfy any local, state, or Federal laws or regulations
b) To respond to requests, such discovery, criminal, civil, or administrative process, subpoenas, court orders, or writs from law enforcement or other governmental or legal bodies
c) To bring legal action against a user who has violated the law or violated the terms of use of our Website
d) As may be necessary for the operation of our Website
e) To generally cooperate with any lawful investigation about our users
f) If we suspect any fraudulent activity on our Website or if we have noticed any activity which may violate our terms or other applicable rules

Article 13 - PUBLIC INFORMATION:
We may allow users to post their own content or information publicly on our Website. Such content or information may include, but is not limited to, photographs, status updates, blogs, articles, or other personal snippets. Please be aware that any such information or content that you may post should be considered entirely public and that we do not purport to maintain the privacy of such public information.

Article 14 - OPTING OUT OF TRANSMITTALS FROM US:
From time to time, we may send you informational or marketing communications related to our Website such as announcements or other information. If you wish to opt-out of such communications, you may contact the following email: optout@asymchemdirect.com. You may also click the opt-out link which will be provided at the bottom of any and all such communications.

Please be advised that even though you may opt-out of such communications, you may still receive information from us that is specifically about your use of our Website or about your account with us.

By providing any Personal Data to us, or by using our Website in any manner, you have created a commercial relationship with us. As such, you agree that any email sent from us or third-party affiliates, even unsolicited email, shall specifically not be considered SPAM, as that term is legally defined.

Article 15 - MODIFYING, DELETING, AND ACCESSING YOUR INFORMATION:
If you wish to modify or delete any information we may have about you, or you wish to simply access any information we have about you, you may reach out to us at the following email address: services@asymchemdirect.com.

Article 16 - ACCEPTANCE OF RISK:
By continuing to our Website in any manner, use the Product, you manifest your continuing asset to this Privacy Policy. You further acknowledge, agree and accept that no transmission of information or data via the internet is not always completely secure, no matter what steps are taken. You acknowledge, agree and accept that we do not guarantee or warrant the security of any information that you provide to us, and that you transmit such information at your own risk.

Article 17 - YOUR RIGHTS:
You have many rights in relation to your Personal Data. Specifically, your rights are as follows:

- the right to be informed about the processing of your Personal Data
- the right to have access to your Personal Data
- the right to update and/or correct your Personal Data
- the right to portability of your Personal Data
- the right to oppose or limit the processing of your Personal Data
- the right to request that we stop processing and delete your Personal Data
- the right to block any Personal Data processing in violation of any applicable law
- the right to launch a complaint with the Federal Trade Commission (FTC) in the United
States or applicable data protection authority in another jurisdiction
Such rights can all be exercised by contacting us at the relevant contact information listed in this Privacy Policy.

Article 18 - CONTACT INFORMATION:
If you have any questions about this Privacy Policy or the way we collect information from you, or if you would like to launch a complaint about anything related to this Privacy Policy, you may contact us at the following email address: services@asymchemdirect.com.

THE AGREEMENT: The use of this website and Services on this website provided by Asymchem Inc. and its subsidiaries (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website"), any products offered for sale (“Products”) and any services provided by or on this Website ("Services").

1) DEFINITIONS

The parties referred to in this Agreement shall be defined as follows:
a) Company, Seller, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Asymchem Inc., Company, Seller, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
b) You, the User, the Purchaser, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User, Purchaser or Client.
c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.

TERMS OF USE FOR WEBSITE AND SERVICES
2) ASSENT & ACCEPTANCE: By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.

3) AGE RESTRICTION: You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.

4) LICENSE TO USE WEBSITE: The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services ("Company Materials"). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.

5) INTELLECTUAL PROPERTY: You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

a) In order to make the Website and Services available to You, You hereby grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload, or otherwise make available to the Website ("Your Content"). The Company claims no further proprietary rights in Your Content.
b) If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know.

6) USER OBLIGATIONS: As a user of the Website, or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

7) ACCEPTABLE USE: You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.

8) PRIVACY INFORMATION: Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.
a) Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or Services, We may also receive information from external applications that You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address. If You choose to terminate Your account, the Company will store information about You for the following number of days: 365. After that time, it will be deleted.

9) ASSUMPTION OF RISK: The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Company. You further agree that Your purchase of any of the products on the Website is at Your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website.

10) REVERSE ENGINEERING & SECURITY: You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

11) DATA LOSS: The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.

12) INDEMNIFICATION: You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.

13) SPAM POLICY: You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

14) THIRD-PARTY LINKS & CONTENT: The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to Our Website.

15) MODIFICATION & VARIATION: The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.

16) ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

17) SERVICE INTERRUPTIONS: The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

18) TERM, TERMINATION & SUSPENSION: The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

19) NO WARRANTIES: You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.

20) LIMITATION ON LIABILITY: The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

TERMS OF PRODUCT SALE
21) PRICE AND TERMS: All prices are in US Dolars. Prices are F.O.B. Woburn, MA. and are subject to change without notice. Prices are exclusive of all sales, use and excise taxes, duties, and any other charges imposed by government authorities. Purchaser shall be responsible for all such charges imposed by government authorities. Terms are Net 30 Days. Seller reserves the right to charge late fees at a rate of 2%/month of unpaid balances that are more than 30 days past due. Shipping charges and insurance are paid by the Purchaser.

22) SHIPPING: Delivery dates provided by Seller are non-binding. Shipping to residential or PO boxes is forbidden. Products are subject to US export laws, regulations and international agreements. Users of the Website are responsible for abiding by all import/export regulations. All products are sold F.O.B. Seller’s shipping point unless otherwise noted. Delivery of goods to the carrier at Seller’s location shall constitute delivery to the Purchaser and all risks of loss or damage in transit shall be borne by the Purchaser.

23) CLAIMS FOR LOST OR DAMAGED SHIPMENTS: The purchaser agrees to inspect all packages immediately upon receipt and report any damage, shortage or defect to the Seller as soon as possible. Any claims related to damage, shortage or defect must be made within 10 days of receipt of Product, otherwise such Product shall conclusively be deemed to conform to the terms and conditions hereof and to have been irrevocably accepted by the Buyer.

24) MODIFICATION/CANCELLATION: The Agreement between Seller and Purchaser is in effect when the Seller confirms, acknowledges or begins to fulfill Purchaser’s order. The Purchaser may not modify or cancel the Agreement without Seller’s express written consent. Modification or cancellation may require payment by Purchaser of certain costs incurred by Seller.

25) LIMITED WARRANTY: Seller warrants to Purchaser that Products will conform to Seller’s published specifications at the time of delivery. The limited warranty does not apply unless Purchaser gives written notice of the nonconformance to Seller within 10 days of delivery and, if applicable, Seller is given reasonable opportunity to examine the relevant Product and the nonconformance is verified by the Seller. This warranty is exclusive and Seller makes no other warranty, express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose, or infringement of intellectual property rights of a third party.

26) RETURNS: All returns must by authorized by the Seller and may be subject to a restocking fee of 20% of the purchase price. Shipping costs for returns shall be paid by the Purchaser. All items approved for return must be in their original, unused condition and returned within 30 days of receipt. Seller cannot accept for return any opened primary containers.

27) USE OF PRODUCTS: Company Products offered on the Website are intended for research and development uses and not to be used for any other purposes, unless otherwise stated by the Company. The Products are not intended for animal or human consumption. You agree to use Products in accordance with all applicable laws governing their purchase, transport, use and disposal.
The purchaser acknowledges that there may be hazards, both known and unknow, associated with the use of Products and agree that Products are to be used by personnel that have been fully made aware of the known associated hazards and are trained and equipped for their safe use. The purchaser assumes all responsibility for the proper storage, use, and ultimate disposal of Products offered in accordance with applicable laws.

28) LIMITATION OF LIABILITY: Except as otherwise expressly provided herein, Seller shall not indemnify nor be liable to Purchaser or any person or entity for any claim, damage or loss arising out of the sale, transport, storage, failure, use, distribution, or disposal of Product. Seller shall not be liable for incidental, consequential, indirect, exemplary or special damages of any kind. The total liability of Seller hereunder shall not exceed the purchase price of Product. Without limiting the provisions regarding and limiting warranty claims hereunder, all claims must be brought within one (1) year of delivery regardless of their nature.

GENERAL PROVISIONS
29) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

30) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of the State of Massachusetts shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Middlesex, Massachusetts . The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

31) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Middlesex. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Massachusetts. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

32) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.

33) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

34) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

35) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

36) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

37) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

38) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: info@asymchemdirect.com.