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.
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 BioCharger™ 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 FRANCHISOR ACKNOWLEDGES THAT IT IS NOT A REPLACEMENT FOR MEDICAL TREATMENT. FRNACHISOR 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.
FRANCHISOR FURTHER ACKNOWLEDGES AND AGREES THAT ANY STATEMENTS OR COMMUNICATIONS, WRITTEN OR ORAL, MADE TO ANY THIRD PARTY, INCLUDING ITS FRANCHISEES, OF, OR RELATING TO, THE PURPOSE AND/OR EFFICACY OF THEGOODS WILL COMPLY WITH THE ABOVE CONDITION AND WILL BE ACCOMPANIED BY A RECITATION OF THE ABOVE DISCLAIMER AS FOLLOWS: “The BioCharger™ 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.”
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.
This is a legal contract for the sale of goods between, ADVANCED BIOTECHNOLOGIES, LLC, a limited liability company organized under the laws of the State of Commonwealth of Massachusetts (the “Seller”) and You (the “Purchaser”), please read it carefully.
The parties agree as follows:
1. Description of Goods. The Seller shall sell to the Purchaser and the Purchaser shall purchase from the Seller ONE unit(s) of the BIOCHARGER NG (the “Goods”). Unless otherwise stated herein, the Purchaser shall pay all taxes and third party expenses imposed on, in connection with, or measured by the transaction contemplated by this agreement in addition to the price as follows: $16,990.00 (U.S. Dollars). The price stated herein is for immediate acceptance and is subject to change without further notice if payment for the Goods is not received from Purchaser within thirty (30) calendar days of the date of Purchaser’s execution hereof.
2. Invoices; Payment. Unless otherwise stated herein, payment for the Goods, all applicable sales and other taxes imposed on the transaction and the cost to ship the same is due via electronic invoice prior to Seller’s shipment of the Goods to Purchaser.
3. Delivery; Title; and Risk of Loss. The Goods shall be shipped F.O.B. Seller’s place of business except as otherwise provided on the face hereof. Seller’s liability as to delivery ceases, and title and risk of loss for the Goods will pass, upon making delivery of the Goods to a mutually agreed carrier at the seller’s designated facility in good condition. Any stated delivery dates are approximate. The Seller will not be liable for any losses, damages, penalties, or expenses for failure to meet any delivery date.
4. 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 (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Seller has been advised of the possibility of any such damage. In no event will the Seller’s liability exceed the price the Purchaser paid to the Seller for the Goods provided by the Seller giving rise to the claim or cause of action. Purchaser agrees that Purchaser’s operation and use of the BioCharger NG with related services, such as myCloud, (including use by any third-party user affiliated with Purchaser) is at Purchaser’s own discretion and risk. Purchaser will be solely responsible for (and Seller disclaims) any and all loss, liability or damages resulting from Purchaser’s and/or affiliated third party’s use of the Goods and/or related services.
IN NO EVENT WILL SELLER 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, USE OF THIS PRODUCT BY PURCHASER OR OTHERS.
5.Limitation of Actions. No action arising out of or relating to Seller’s warranty set forth in the attached “BioCharger™ NG Warranty” may be commenced against the Seller more than two (2) years after delivery of the Goods to Purchaser.
6.Governing Law and Designation of Forum. The laws of the Commonwealth of Massachusetts (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, validity, performance (including the details of performance), and enforcement. The provisions of the Uniform Commercial Code shall govern unless the terms and conditions hereof provide otherwise. All interpretations thereof shall be governed by the laws of the Commonwealth of Massachusetts.
7. Agreement to Arbitrate. Purchaser and Seller each agree that any and all disputes or claims that have arisen or may arise between them shall be resolved exclusively through final and binding arbitration, rather than in court, except that Purchaser may assert claims in small claims court in the Commonwealth of Massachusetts, if such claims qualify. The Massachusetts Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org. The arbitration shall be held in the Commonwealth of Massachusetts or at another mutually agreed location. If the value of the relief sought is $10,000 or less, Purchaser or Seller may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on Purchaser and Seller subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by Purchaser and/or Seller, unless the arbitrator requires otherwise.
8. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF. PURCHASER AND SELLER AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PURCHASERS OR PARTIES.
9. Force Majeure. The Seller will not be liable for delays in performance or for non-performance due to unforeseen circumstances or causes beyond the Seller’s reasonable control.
10. Assignment; Delegation. The Purchaser may not assign any of its rights under this agreement or delegate any performance under this agreement, except with the prior written consent of the Seller. Any purported assignment of rights or delegation of performance in violation of this section is void.
11. Recovery of Expenses. In any adversarial proceedings between the parties arising out of this agreement or the transactions it contemplates, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs, including reasonable attorney’s fees, legal fees, costs and expenses.
12. Incorporation by Reference. The Disclaimer set forth below and the Terms of Usage (which Purchaser acknowledges may change from time to time as circumstances may warrant), are incorporated herein by reference.
13. Entire Agreement. This agreement constitutes the entire agreement between the parties with respect to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties.
14. Amendments. No amendment to this agreement will be effective unless it is in writing and signed by both parties.
15.Effectiveness; Date. No Signatures Required. This agreement will become effective and binding on both parties without the need for either party to sign it upon verification of receipt of payment in full by Seller, which shall be deemed the date of this agreement.
Discover the Endless Benefits of BioCharger: Connect with Our Experienced Team Today!
Discover the Endless Benefits of BioCharger: Connect with Our Experienced Team Today!
