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Terms of Use

Effective Date: February 15, 2019

Please note that this Terms of Use may be updated frequently.

Your continued use of NEO-SAPIEN.com constitutes your agreement to this Terms of Use and any updates.

Welcome to NEO-SAPIEN. NEO-SAPIEN and NEO-SAPIEN.com are collectively referred to as "NEO-SAPIEN." By using NEO-SAPIEN you agree to be bound by these Terms of Use ("Terms"). You also accept the Terms when you make a purchase. We may make changes to the Terms. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should not use NEO-SAPIEN.

Use of NEO-SAPIEN

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.

Privacy Policy

Your use of NEO-SAPIEN is subject to our Privacy Policy. Please review the policy for more on how we collect and use information.

Information on NEO-SAPIEN

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.

Links to Third-Party Websites

NEO-SAPIEN contains links to other sites operated by third parties ("Third-Party Site(s)"). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. NEO-SAPIEN does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on NEO-SAPIEN does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from these Terms. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

Security

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.

Disclaimer, Limitation of Liability and Indemnity

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.

Disputes

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.

Applicable Law

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.

Additional Policies

The following policies also govern your use of NEO-SAPIEN and are incorporated by reference into the Terms:

- Privacy Policy

Modification

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use and Privacy Policy at any time by posting a notice on NEO-SAPIEN or by sending you notice via e-mail or by another appropriate means of electronic communication. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes.

To contact us about NEO-SAPIEN's Terms of Use and Privacy Policy please use contact@neo-sapien.com.

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