Effective Date: February 15, 2019
You may use NEO-SAPIEN for your personal, noncommercial use only. You may not use NEO-SAPIEN if you are under the age of 13. If you are between the ages of 13 and 18, you may use NEO-SAPIEN only with involvement of a parent or guardian.
We try to be as accurate as possible with the information we present on NEO-SAPIEN. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change. Despite our best efforts, sometimes an offer may have been misstated, or an item may be mispriced.
You may use NEO-SAPIEN only for lawful purposes. Activities including, but not limited to, tampering with any NEO-SAPIEN, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on NEO-SAPIEN are prohibited.
NEO-SAPIEN PROVIDES NEO-SAPIEN AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT NEO-SAPIEN WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
ANY WARRANTY ON ANY PRODUCT SOLD THROUGH NEO-SAPIEN IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEO-SAPIEN WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF NEO-SAPIEN OR ANY PRODUCT OR SERVICE PURCHASED THROUGH NEO-SAPIEN. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH NEO-SAPIEN OR NEO-SAPIEN GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.
You and NEO-SAPIEN each agree that, except as otherwise noted below, any dispute or claim arising out of or relating in any way to these Terms, or to any products or services sold by NEO-SAPIEN will be resolved by binding, individual arbitration, rather than in court. Disputes and claims that are within the scope of a small claims court's authority are exempt from this dispute resolution provision, so long as they are brought individually.
BY AGREEING TO ARBITRATION, YOU AND NEO-SAPIEN UNDERSTAND THAT EACH IS AGREEING TO WAIVE ITS RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND ITS RIGHTS UNDER THIS CONTRACT. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS AS A COURT WOULD.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Delaware.
The following policies also govern your use of NEO-SAPIEN and are incorporated by reference into the Terms: