TERMS OF USAGE

Overview

Welcome! The following are terms of a legal agreement between you and Advanced Biotechnologies, LLC (ABT) By using this product you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with application laws and regulations.

Copyright & Patents

BioCharger ™, BioCharger™ NG are registered trademarks with the USPTO and other International Agencies. The BioCharger.com website and its contents is copyright of Advanced Biotechnologies LLC © 2015. All right reserved. There are currently 26 Patents Pending with USPTO and other International Agencies specifically assigned to the BioCharger™ NG.

Disclaimer: The BioChargerTM NG is not a medical device and is not intended for use in the diagnosis or treatment of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease or other conditions, in man or other animals.

USE OF THE GOODS IS AT END USER’S (AND ANY OTHER USER’S) SOLE RISK AND PURCHASER ACKNOWLEDGES THAT IT IS NOT A REPLACEMENT FOR MEDICAL TREATMENT. PURCHASER AGREES TO REFRAIN FROM MAKING, STATING, PUBLISHING OR RE-PUBLISHING, PRINTING OR RE-PRINTING, POSTING OR RE-POSTING, ADVERTISING, REPRESENTING, MARKETING OR OTHERWISE CLAIMING IN ANY WAY TO ANY THIRD PARTY ANY STATEMENTS CONTRARY TO THE ABOVE DISCLAIMER. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT ANY STATEMENTS OR COMMUNICATIONS, WRITTEN OR ORAL,MADE TO ANY THIRD PARTY , INCLUDING ITS CLIENTS, OF, OR RELATING TO, THE PURPOSE AND/OR EFFICACY OF THE GOODS WILL COMPLY WITH THE ABOVE CONDITION AND WILL BE ACCOMPANIED BY A RECITATION OF THE ABOVE DISCLAIMER AS FOLLOWS: “The BioChargerTM NG is not a medical device and is not intended for use in the diagnosis or treatment of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease or other conditions, in man or other animals.”

LIMITATION OF LIABILITY

You have purchased and operate the BioCharger™ NG with MyCloud services at your own discretion and risk. You will be solely responsible for (and ABT disclaims) any and all loss, liability or damages resulting from your use (or use by others affiliated with or related to you in any way) of the Product and/or Subscription Service.

IN NO EVENT WILL ABT OR ANY OF ITS AFFILIATES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE OF ANY TYPE WHATSOEVER RELATED TO, OR ARISING FROM, OPERATION OR USE OF THIS PRODUCT BY YOU OR OTHERS.

TERMS AND CONDITIONS OF SALE

Description of Goods and Price
The Seller shall sell to the Purchaser, and the Purchaser shall purchase from the Seller, one (1) unit of the BioCharger™ NG, either as a standalone unit or as part of a bundled package that may include myCloud access, support, training, or additional services (collectively, the “Goods”).

The minimum bundled package price is $17,990 (U.S. Dollars), with final pricing dependent on the specific configuration and services included.

Purchaser shall pay all applicable taxes and third-party expenses in addition to the purchase price.

The applicable price for the Goods shall be as specified in the Seller’s invoice or quotation at the time of sale.

Invoices; Payment. Unless otherwise stated, payment for the Goods, applicable taxes, and shipping costs is due via electronic invoice prior to shipment by the Seller.

Delivery; Title; Risk of Loss. The Goods shall be shipped F.O.B. Seller’s place of business unless otherwise provided. The Seller’s liability for delivery ceases, and title and risk of loss transfer, upon delivery of the Goods in good condition to a mutually agreed carrier at the Seller’s designated facility. Any stated delivery dates are approximate. The Seller will not be liable for losses, damages, penalties, or expenses for failure to meet a delivery date.

Limitation of Liability. The Seller shall not be liable for any indirect, special, consequential, or punitive damages (including lost profits or loss of use) arising out of or relating to this agreement or the transactions it contemplates, regardless of cause and even if advised of the possibility of such damages. In no event will the Seller’s liability exceed the purchase price paid for the Goods giving rise to the claim. Purchaser agrees that operation and use of the BioCharger™ NG and related services, such as myCloud, by Purchaser or any third party affiliated with Purchaser, is at Purchaser’s sole risk.

Limitation of Actions. No action arising out of or relating to the Seller’s warranty (as set forth in the attached BioCharger™ NG Warranty) may be commenced more than two (2) years after delivery of the Goods.

Governing Law and Forum. The laws of the Commonwealth of Massachusetts govern this agreement and all matters arising out of or relating to it, without regard to conflict of law principles. The Uniform Commercial Code applies unless these terms provide otherwise.

Agreement to Arbitrate. Purchaser and Seller agree that any disputes or claims arising between them will be resolved exclusively through final and binding arbitration, except that claims may be brought in small claims court in Massachusetts if they qualify. Arbitration will be conducted by the American Arbitration Association (“AAA”) under its applicable rules, as modified by this agreement. The arbitration shall be held in Massachusetts or another mutually agreed location.

Class Action Waiver. Purchaser and Seller agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in any class or representative proceeding. The arbitrator may not consolidate claims or preside over a representative or class proceeding.

Force Majeure. The Seller will not be liable for delays or non-performance due to circumstances beyond its reasonable control.

Assignment; Delegation. The Purchaser may not assign rights or delegate performance under this agreement without prior written consent from the Seller. Any attempt to do so is void.

Recovery of Expenses. In any adversarial proceeding arising out of this agreement, the prevailing party shall recover reasonable attorneys’ fees, costs, and expenses.

Incorporation by Reference. The Disclaimer and the Terms of Usage (as updated from time to time) are incorporated herein by reference.

Entire Agreement. This document constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior agreements, written or oral.

Amendments. No amendment will be effective unless in writing and signed by both parties.

Effectiveness; Date. No signatures are required. This agreement becomes effective and binding upon verification of receipt of full payment by the Seller, which shall be deemed the date of this agreement.