BluPax Pharmaceuticals, LLC Website Terms and Conditions
Last modified July 10, 2018
BluPax Pharmaceuticals, LLC (“BluPax”) is a limited liability company organized and existing under the laws of the State of New Jersey with a primary place of business located at 160 Raritan Center Parkway, Unit 1, Edison, New Jersey 08837. By using this website found at blupaxpharma.com, including any services enabled by third party technology through the website, such as software services provided by Google (collectively, the “Website”), you agree to these terms and conditions of use without limitation or qualification. BluPax reserves the right to modify these terms and conditions at any time. By using the Website following such modification, you agree to these terms and conditions as modified. These terms and conditions incorporate by reference BluPax’s Return Policy. In the event of any conflict between the terms and conditions set forth in the Return Policy and these terms and conditions, the Return Policy shall govern.
This site is protected by copyright and other intellectual property rights. As between you and BluPax, all content in the Website including trademarks, text, graphics, logos, coding, videos, etc. is the property of BluPax, and is protected by applicable intellectual property laws. You may not distribute, adapt, or create derivative works for commercial purposes without the express written consent of BluPax.
BluPax provides the Website for informational purposes and nothing contained on the Website constitutes medical or pharmaceutical advice. The information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.
BluPax provides the information on the Website “AS IS,” and makes no warranty or representation, and disclaims any warranty or representation that the Website contains no errors, is up-to-date, is otherwise accurate. BluPax disclaims all warranties of merchantability and fitness for a particular purpose. The Website user assumes all risk from his or her use of the Website.
You agree to defend, indemnify, and hold harmless BluPax and its affiliates, employees, partners, and officers from any claim made by a third party arising from and against any and all actions, causes of action, liabilities, claims, suits, judgments, liens, awards, and damages, or any kind or nature whatsoever, related to youR use of this Website, including without limitation all costs, expenses, and attorneys’ fees, including those related to the establishment of this indemnification, whether or not specifically awardable under court rules.
Third Party Websites and Services
The Website may contain links to third party websites, or use the services of third party technology providers. BluPax does not provide any express or implied warranty, and hereby disclaims the same, regarding any performance of third party websites or services. By using the Website, you agree to abide by the terms and conditions governing the use of such third party services.
Payment of Fees
When you elect to enter a form of payment, you agree that: (i) you will fulfill your obligation to pay for the product or service by the date on which payment is due; (ii) any payment information you provide is true and accurate; (iii) you are authorized to use the payment method you provide; (iv) we have permission to retain the payment information and method, including all submitted debit and credit card information, submitted by you and your issuing bank or the applicable payment network; and (v) we are authorized to charge you for the product or service using the established payment method and the information you provide that is stored in your account as of the applicable date for payment. Your assurances of payment and our rights to collect payment include any obligation you may have to pay any taxes or delivery charges described as being applicable to the product or service you are buying. In addition, you agree that you will be responsible for any credit card chargeback fees as well as any reasonable collection costs we incur as a result of your failure to pay on a timely basis.
Governing Law and Choice of Forum
By accessing this site you agree these terms shall be governed by and construed in accordance with the laws of the State of New Jersey, USA. You agree to consent to the exclusive jurisdiction of the courts of the State of New Jersey in any dispute concerning any provision of these terms and conditions.
Nothing in these terms and conditions shall operate to modify any liability waiver or similar document you may have executed in connection with your receipt of goods or services from BluPax, including but not limited to any waiver, indemnification, or limitation of liability set forth in the Return Policy or any other agreement by and between you and BluPax.
Photo, Image, Content Release
Any submissions to the Website in either text, image or video form may be reproduced by BluPax for use in its marketing materials, and you hereby grant to BluPax a nonexclusive, worldwide, perpetual, royalty-free, transferrable, sublicensable right to make such use.
LIMITATION OF LIABILITY
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL BLUPAX, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF BLUPAX OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BLUPAX AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.
These terms and conditions together with the terms and conditions that apply to the use of any third party services provided through the Website, constitute the entire agreement of the parties respecting their subject matter. These terms and conditions supersede all prior and contemporaneous communications and understandings and agreements, written or oral, between the parties relative to their subject matter and merge all discussions between them.