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TERMS OF SERVICE

Last modified: 2018-05-18

Welcome to the Western Biotech, LLC (“Western Biotech”) website. These Terms of Service (“Terms”) govern your use of www.ocyvision.com (the “Website”) and our, hopefully, long lasting relationship with you.

PLEASE NOTE, THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THIS CAREFULLY.

THESE TERMS CONTAIN THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND WESTERN BIOTECH, AND WAIVER OF YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

BY USING THE WEBSITE FOR MAKING A CUSTOMER ACCOUNT, PLACING AN ORDER FOR WESTERN BIOTECH LENSES OR ACCESSING AND UTILIZING ANY SERVICE OFFERED FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, OR ARE UNABLE TO BE BOUND BY THEM, THEN YOU MAY NOT USE THE WEBSITE FOR ANY PURPOSE.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH WESTERN BIOTECH, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

ANY AND ALL INFORMATION PROVIDED BY WESTERN BIOTECH, OUR EMPLOYEES, OUR MANUFACTURERS OR AGENTS, USING ANY MODE OF COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE WEBSITE IS FOR IMFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE MEDICAL OR PROFESSIONAL ADVICE.  YOU ACKNOWLEDGE THAT YOU WILL NOT RELY ON ANY INFORMATION PROVIDED BY US FOR MAKING ANY MEDICAL OR HEALTHCARE DECISIONS.  YOU MUST CONSULT WITH YOUR MEDICAL OR HEALTHCARE PROVIDER OR EYE CARE PROFESSIONALS BEFORE MAKING ANY SUCH DECISIONS.  WESTERN BIOTECH’S RELATIONSHIP WITH YOU, EITHER THROUGH THE WEBSITE, EMAIL, OR ANY OTHER MODE OF COMMUNICATION DOES NOT CONSTITUE A MEDICAL PROFESSIONAL-PATIENT RELATIONSHIP AND IS NOT PROTECTED BY ANY PRIVILEGE THAT MAY COME WITH SUCH RELATIONSHIP.  YOU ARE RESPONSIBLE FOR ANY DECISION YOU MAKE IN RELIANCE TO THE INFORMATION PROVIDED TO YOU BY WESTERN BIOTECH.

 

These Terms apply to the purchase and sale of products (and services through the Website.) These Terms are subject to change by Western Biotech (referred to as “us”, “we”, or “our” as the context may require) at our sole discretion. We may make changes to these Terms by posting a notice of change on the Website or by informing you of the change via appropriate means of communication. The latest version of these Terms will be posted on the Website, and you should review these Terms before using any aspect of the Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy available on our Website before using this Website.

  1. CONTACT LENS RULE. The Fairness to Contact Lens Consumers Act, codified at 15 U.S.C. 7601-7610, also known as the Contact Lens Rule governs the release, verification, and sale of contact lens prescriptions, and applies to your use of the Website for purchase of our contact lenses and services.
    1. Valid Prescription. You are responsible for the information you provide to Western Biotech regarding your prescription. You must have a valid prescription from a qualified prescriber, qualified to provide a contact lens prescription under the laws of the state where the prescription was issued. If you have a valid prescription, but do not have a copy of it to provide Western Biotech with the information regarding your prescription, then please contact your prescriber who issued your prescription. Remember, by law you have a right to your prescription from your prescriber, at no extra cost. Your prescriber cannot require you to pay an extra fee, buy eyeglasses or contact lenses, or sign a waiver or form in exchange for your prescription. By using the Website to order contact lenses from Western Biotech, you authorize us to contact your prescriber to request your prescription whenever required in order to fulfill your order. 
    2. Prescription Verification. We are required by law to verify your prescription with your prescriber before selling you our contact lenses. By using the Website to order contact lenses from Western Biotech, you authorize us to contact your prescriber to verify your prescription. Although we will do our best to verify your prescription as soon as possible, there may be times where the verification process may get delayed, which may cause a delay in confirming your order and shipping your contact lenses to you. We will keep you updated, if there is any delay in the verification process.
    3. Substitution of Brand. Western Biotech is prohibited by law to substitute the specific brand of contact lenses prescribed to you by your prescriber with Western Biotech’s contact lenses without a change in the prescription made by a qualified prescriber. You have the freedom to choose to buy your contact lenses from any seller; however, your prescriber may list a specific brand of contact lenses on your prescription, if your prescriber thinks that no other brand of contact lenses is similar to the brand prescribed, and your eyes may be affected if you switch to any other brand. Your prescriber must respect your freedom to choose by NOT prescribing a specific brand of contact lenses unless it is absolutely necessary, beneficial to you and there are no other choices available in the market. It is your responsibility to contact your prescriber and inquire about specific brand on your prescription and request a change. Western Biotech will not contact your prescriber to request a substitution.
  2. USE OF WESTERN BIOTECH’S PRODUCTS, SERVICES AND THE WEBSITE. The purchase of products and purchase and/or use of services from Western Biotech, including through the Website, and the use of the Website is under the sole discretion of Western biotech and is governed by the following conditions.  
    1. You hereby agree not to:
      • purchase products or services for any use beyond your personal use only;
      • purchase products or services for resale or any other commercial purpose;
      • use the Website for unlawful purposes according to any and all applicable federal, state, local or international laws or regulations (including, without limitation, any laws regarding the collection and/or export of data or software to and from the United States of America to other countries);
      • provide incomplete and inaccurate information when opening an account or during the duration of your active account with Western Biotech;
      • allow any other person or entity to use your account information;
      • delete or alter any information provided on the Website which you did not provide;
      • access, delete or alter any information provided by other Website users in their password protected accounts;
      • collect any information about other Website users from or through the Website for any purpose prohibited by the law;
      • collect any identifying information about other Website users from or through the Website for any purpose;
      • advertise, offer to sell, offer to buy from others or offer to exchange any products or services purchased, made available or accessed through the Website;
      • take any action that imposes an unreasonable or disproportionately large load on the Website, including, but not limited to, servers or networks connected to the Website, or violate any requirements, procedures, policies, protocols or regulations of servers or networks connected to the Website;
      • use any device, software or any other means to interfere or attempt to interfere the proper functioning of the Website, including, but not limited to, the services offered through the Website;
      • send or knowingly receive, upload, download or distribute any material from or through the Website which is illegal, obscene, discriminatory, threatening, defamatory, offensive to reasonable sensibilities, infringing on Western Biotech or any third-party’s intellectual property right;
      • impersonate or attempt to impersonate, or represent without prior written consent of Western Biotech as Western Biotech, its employee, its manufacturers, another user of the Website, Western Biotech’s products and services by using any means related to Western Biotech and the Website, including, but not limited to email address, delivery address, screen names or any other identifying information of a user of the Website;
      • access data not intended for you or log into a server or account that you are not authorized to access; or
      • attempt to probe, scan or test the vulnerability of any aspect of the Website or the services offered by Western Biotech whether through the use of the Website or otherwise or to breach security or authentication measures without proper authorization; or
      • attempt to reverse engineer or decode any of the software comprising or in any way related to the Website or services provided by Western Biotech either through the use of the Website or otherwise.
    2. Western Biotech may terminate your access to the Website, including the purchase of products and services offered through the Website, on our sole discretion or as compelled by law without any notice or warning.  
    3. Western Biotech may cancel or suspend an order you placed with us even after we sent you a confirmation of your order for any reason on our sole discretion or as compelled by law by providing you a notice of cancellation which may or may not include a reason for the cancellation.
    4. Western Biotech may refuse to sell products to you when it reasonably appears to us that you intend to resell the products, or use or distribute them in a manner not authorized by the Terms.  Additionally, Western Biotech may also limit the quantities of products purchased by you from the Website.
    5. Western Biotech may take appropriate legal action, including without limitation referral to law-enforcement, for any illegal or unauthorized use of the Website.  Western Biotech has the right to fully cooperate with any law enforcement authorities or court order requesting or directing use to disclose the identity or other information of anyone using the Website and/or posting any materials on or through the Website.  YOU WAIVE AND HOLD HARMLESS WESTERN BIOTECH AND ITS AFFILIATES, ITS MANUFACTURERS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
  3. CUSTOMER ACCOUNT. You are responsible for maintaining the accuracy of the information in your customer account which is referred to as “My Account” on the Website. Western Biotech relies on information you provide in your My Account for making sure you get the best and accurate service from us. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the forms for your account, prescription and order information in My Account and while placing an order through the Website, and (b) maintain and promptly update the information in My Account to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your My Account and refuse any and all current and future use of this Website. Western Biotech has the right to reject any new My Account application and a request by new customers. We also have the right to terminate any existing My Account in our sole discretion. Once terminated, we will not be responsible or held accountable for the information contained within that account. The information in your My Account is the sole property of Western Biotech and we are not required to share it with you.We rely on information you provide, including, but not limited to, your identity, your prescription, your payment information, your shipping information, your order, your subscription plan and your past orders to provide our services without errors. Western Biotech is not responsible for any delay or error caused in situations related to, including, but not limited to, placing your order, verifying your prescription, confirming your order, charging your payment process (credit/debit card) and shipping an order if the cause of the delay or error is the information you provide in your My Account or while placing an order.You are responsible for maintaining the confidentiality of your password and My Account, if any, or are fully responsible for any and all activities that occur under your password or your My Account. You agree to immediately notify Western Biotech of any unauthorized use of your password or your My Account or any other breach of security.  You will ensure that you exit from your My Account at the end of each session when accessing or using the Website or any service offered by or through the Website.  Western Biotech will not be liable for any loss or damage arising from your failure to comply with this Section 3.
  4. ORDER ACCEPTANCE. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any order in our sole discretion. Orders with incomplete information and duplicated orders will be suspended until we clarify and confirm these orders with you. Orders with an invalid or expired prescription and orders with a prescription that cannot be filled with our products will not be accepted. After having received your order, we will send you an email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Western Biotech and you will not take place unless and until Western Biotech has received a valid prescription from you and/or Western Biotech has been able to verify your prescription with your prescriber and you have received an email from Western Biotech confirming the verification of your prescription, your order and your payment.There are two types of orders: an individual stand-alone purchase and a repeated subscription order. When you make an individual order, you are under no obligation to make future purchases. All your orders are independent of one another. On the other hand, Subscription Order (also referred to as “Recurring Order” or “Automatic Reorder” or “Auto Reorder” as the context may require) is under the subscription contract between Western Biotech and you, whereby you agree to automatically repeat your orders periodically (i.e. monthly) until the Renewal Date based on the detailed instruction in your previous and last order. The Renewal Date is defined as the expiration date of your prescription that you previously submitted in our records or one year after the date that you place a subscription order with us, whichever occurs first. On the Renewal Date, if your prescription expires, you will be required to resubmit a new valid prescription with us. On the Renewal Date, all the order details with be reset, the prevailing product prices which may be different from your original prices in the previous subscription period will take effect and a confirmation email will be sent to you. A subscription contract cannot be longer than one year. An invalid prescription will automatically and instantly cancel this subscription contract. You have the right not to renew your subscription contract with us by notifying us at contact@westernbiotech.com.
  5. SUBSCRIPTION. All subscription orders will follow our Subscription Policy as mentioned on our website.
  6. ORDER CANCELLATION. You may cancel your order at any time, with no charge, as long as you do it before we charge your credit card and process your shipment. To cancel your order, you can do so within your My Account or notify us with an email to contact@westernbiotechcom. After an order confirmation email is sent to you to confirm that your shipment has been processed, you will not be able to cancel your order. However, you still have the option of returning the merchandise back to us within 30 days from the shipping date for a refund on unopened packages. Please note that the shipping costs both outwards and inwards cannot be refunded nor reimbursed.For subscription orders, you will be notified of the shipping dates in advance. Hence, to cancel each individual subscription order, you must do so before the shipping date as mentioned.
  7. PRESCRIPTION. According to the law, Western Biotech cannot sell any of our brands of contact lenses to you until we have received a valid prescription from you and we have verified it to confirm that we can fill your prescription with our brands of contact lenses. Obtaining a valid prescription and submitting a prescription to us to support your buy order is your responsibility. You must contact and undergo an eye examination as well as a lens fitting process with your eye doctor yourself. You are responsible for all the professional fees incurred. In case your prescription expires, you must visit your eye doctor to renew it. In case the description in your prescription does not fit any of our brands of contact lenses, you must consult with your doctor yourself. It is your responsibility to always keep your prescription in your record updated and valid.After receiving a valid prescription from your doctor which can be filled with our brands of contact lenses, you must submit this prescription to us along with your order immediately so that Western Biotech can verify the content and its authenticity in time. In case you cannot find your contact lens, you can give us the details and we will verify the details with your eye doctor for you.You hereby confirm that the prescription that you submit to us is an authentic one and the information contained within is the original content as prescribed by your doctor and accurate.
  8. OUT-OF-STOCK PRODUCTS. We will try our best to update the inventory status of each product that we carry on our website to inform all the customers. However, there may be times when our products are out-of-stock or discontinued and we have not make the announcement to the public on our website yet. When the products you ordered are out-of-stock or discontinued, Western Biotech will not replace them with others but we will cancel your order and immediately inform you before refunding the money to you with no charge.In case of order cancellation due to out-of-stock product items, you hereby agree not to hold Western Biotech responsible the damages caused by this event. Under certain scenarios, when our products are out-of-stock or discontinued, you may need to visit your doctor again to seek his or her consultation on a brand change. There might be professional fees and you are fully responsible for these fees.
  9. RESELLING PRODUCTS. Products and services provided by Western Biotech through the use of the Website or otherwise are for personal use only.  Any resale or commercial use of products or services purchased from Western Biotech through the use of the Website or otherwise is strictly prohibited.
  10. RETURN AND REPLACEMENT. Western Biotech wants you to be 100% satisfied with our products. You can return, replace or exchange your products in accordance with the Return & Replacement Policy as mentioned on our website.Western Biotech will not provide a refund or a replacement for a product designated as final sale or non-refundable at the time of your order.
  11. PRICES. Prices of all products and services provided by Western Biotech are under the sole discretion of Western Biotech.
    1. All prices posted on the Website are subject to change with a reasonable notice provided at Western Biotech’s discretion. We will provide a notice of price change by making an announcement on the Website and/or by sending you an email at the email address provided by you. Western Biotech reserves the right to change prices on all or some of the products offered by us without prior notice.
    2. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increment or decrement will only apply to orders placed after such changes. For subscription members, the product prices in your contract will remain fixed until the Renewal Date. The new prices, either increased or decreased, will take effect when your subscription is renewed. We will send an email to notify you of such changes. If you dislike the new product prices, you have the right to cancel your subscription order upon renewal. Otherwise, your subsequent orders under the renewed subscription contract will assume the new prices as shown on the Website.
    3. Prices for our products posted on the Website do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your order total and will be itemized in your shopping cart and in your order confirmation email.
    4. If you disagree with or dislike our new prices, you have the right to cancel your order before the shipping date. After the shipping date, you cannot cancel your order, but you can return it to us within 30 days for a refund on unopened package. Please note that on a return merchandise, you will be responsible for the original shipping and return shipping expenses.
  12. PAYMENT TERMS.
    1. Terms of payment are within the sole discretion of Western Biotech. We accept major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
    2. You authorize Western Biotech to bill your credit/debit card for the payment amount specified in your order. You authorize Western Biotech to bill your credit/debit card in advance on a periodic basis, in accordance with your recurring order plan, until you terminate your account or inform us in writing not to bill your credit/debit card.
    3. You are responsible for maintaining and updating the payment information on your My Account. In the event your credit/debit card company denies a payment after you have placed an order or for a recurring order and have received a confirmation email from us, Western Biotech will either terminate your order or charge a fee in addition to the payment for your order when your order is shipped.
    4. You are responsible for payment of any and all Western Biotech charges on your credit/debit account. You will contact Western Biotech regarding any disputed charges within sixty (60) days of the date the disputed charge appears on your credit/debit account.
  13. SHIPMENT AND DELIVERY. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.Western Biotech will ship the products you order only to an address in the United States of America. At this time, Western Biotech will not ship any product to an address outside the United States of America.You are responsible for the delivery address for your order. All orders, unless specified or agreed otherwise, will be delivered to your address with the shipping methods selected by you in your order and in accordance with the terms on the Shipping Information as mentioned on our website. Once Western Biotech has confirmed your order by sending a confirmation email to you, you will not be able to change the delivery address. You may contact the carrier used for your shipment for any changes to the delivery address at your own risk.If the product you ordered from Western Biotech does not reach you within the time specified at the time of your order, you are responsible to contact Western Biotech and alert us of the delay. Western Biotech is not responsible for any missing or delayed shipment caused by inaccurate, outdated or incomplete information in your My Account. However, we are responsible for any failed delivery due to our own fault.
  14. INTELLECTUAL PROPERTY RIGHTS. All content or features, including, but not limited to, information, articles, data, customer accounts, passwords, usernames, web pages, text, and graphics (collectively, the “Content”) provided to you by Western Biotech either through the Website or otherwise is exclusive property of Western Biotech, unless otherwise noted.  The Content may appear on the Website, in our products and in our services, or the use thereof.  The Content is protected by appropriate intellectual property rights, including, but not limited to, copyright, trademark, trade-secret, patent, or any other right afforded by the law.  You agree not to use, offer others to use, sell, or distribute the Content provided to you by Western Biotech in a manner which violates our intellectual property rights in the Content.
    1. All information, products, services, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software and other Content contained on or used in the Website is protected by United States and international copyright laws. All rights reserved. Please assume that everything you see or read on the Website is copyrighted to, or used with permission from Western Biotech unless otherwise noted.
    2. The technology and software underlying the Website and services offered through the Website are the property of Western Biotech, our affiliates and our partners, or Western Biotech has appropriate permission to use the technology and software. You may not copy, modify, create a derivative work of, reverse engineer, decode or otherwise attempt to discover the source code, sell, assign, sublicense, or otherwise transfer any right in the technology or software.
    3. The trademarks, logos, service marks and trade dress (collectively, the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of Western Biotech or others. The Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Western Biotech. All other trademarks not owned by Western Biotech or its subsidiaries that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Western Biotech or its subsidiaries.
    4. Images of people, objects or places displayed on the Website are either the property of, or used with permission by, Western Biotech.
    5. Western Biotech owns or uses by permission all software contained on the Website, including without limitation all HTML code. Copyright and other laws and international treaty provisions protect this software. The law expressly prohibits any modification, redistribution or reproduction of the software, and such actions could result in severe civil and criminal penalties. We will seek and support prosecuting violators to the maximum extent possible.
    6. You may not copy, display, distribute, download, lease, license, modify, publish, re-post, reproduce, reuse, sell, rent, transmit, use to create a derivative work or otherwise use the Content of the Website for public or commercial purposes without prior written authorization or notice from Western Biotech.
    7. You may not download or copy any customer account information from the Website for your own benefit or benefit of another person or entity. You may not harvest, gather, data mine, scrape or otherwise collect information about other users of the Website or the services provided by Western Biotech through the Website or otherwise.
    8. You may not reproduce, duplicate, copy, sell, resell, access or otherwise exploit the Website or any portion of it for any commercial purpose without express written consent from Western Biotech. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Western Biotech without express written consent. You may not use any meta tags or any other “hidden text” utilizing Western Biotech’s name or Trademarks without our express written consent. Any unauthorized use terminates the permission to use or access the Website. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Western Biotech so long as the link does not portray Western Biotech or our products or services in a false, misleading, derogatory or otherwise offensive matter, or suggest any form of association, approval, or endorsement on our part. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission, or disable all or any features and any links, at any time without notice in our sole discretion. You may not use any Western Biotech logo or other proprietary graphic or trademark as part of the link without our express written permission.
    9. You represent and warrant that you own all right, title, interest in, including, without limitation, all copyrights and rights of publicity contained therein to the material or information or are duly authorized to use the material or information, that you provide to Western Biotech by uploading on the Website through your My Account or any other service provided by the Website (collectively, “Your Material”). By uploading Your Material to the Website through My Account or otherwise you grant Western Biotech and its affiliated companies a non-exclusive, worldwide, royalty free, transferable, sub-licensable, perpetual, irrevocable, unrestricted license to copy, display, modify, distribute, store, translate, publish, reproduce or use Your Material for performance of operation of services provided by Western Biotech, including, but not limited to, the products and services available through the Website, or the promotion, advertising, and marketing of Western Biotech’s products and services.
    10. You agree that any questions, comments, suggestions, notes, critiques, feedback or other information posted or uploaded by you on the Website regarding the Website, Western Biotech’s products, or Western Biotech’s services are non-confidential and may be used by Western Biotech for any lawful purpose without a notice to you, or without acknowledgement, attribution or compensation to you for the use thereof.
    11. Western Biotech is not responsible for the ownership and accuracy of Your Material posted by you or any third-party to the Website. Western Biotech may monitor Your Material and may remove it from the Website on our own discretion without notice. Western Biotech is not obligated to monitor and/or remove any Your Material from the Website, and is not liable for any harm caused to third-parties or you by Your Material.
    12. Copyright Complaints. Western Biotech respects the intellectual property rights of everyone. If you believe that your work has been copied or uploaded to the Website, or is accessible on the Website in a way that constitutes a violation of your intellectual property rights in that work, please notify us and provide the following information:
      1. a description of your work that you claim you have intellectual property rights in and that you claim has been infringed,
      2. an identification of the web page address on which such work or a copy of it appears (note, a specific location provided by you for your work will help us identify your work quickly and correctly);
      3. your name, address, telephone number, and email address;
      4. a brief statement regarding your good faith belief that you have copyright in the work, and that the use of the copyrighted work is not authorized by you under the law;
      5. a brief statement that the information provided in (1) through (4) above is accurate, and is made under penalty of perjury under the laws of the United States of America, and that the signatory to the statement is either the owner of the copyrighted work, or the person authorized by the owner to act behalf of the owner; and
      6. an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest. Please send the above notice of claim of copyright infringement on the Website to: Attn: Intellectual Property, Legal Department, Western Biotech LLC, contact@westernbiotech.com.
    13. You agree to indemnify Western Biotech for all claims resulting from Your Material or the use thereof.
    14. You agree that Western Biotech may monitor or disclose Your Material, or electronic communication with others,
      1. if required by the law, including, but not limited to applicable regulations, government requests, or a court order;
      2. if such a disclosure is necessary for operation of the Website and services provided by Western Biotech;
      3. to protect rights, property, or personal safety of Western Biotech, our affiliates, our employees, our customers, or the general public; and
      4. to enforce Western Biotech’s policies, including, but not limited to Terms of Service, and Privacy Policy.
  15. ARBITRATION.PLEASE NOTE, THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE CAREFULLY. THESE TERMS CONTAIN THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND WESTERN BIOTECH, AND WAIVER OF YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
    1. Agreement to Arbitrate. You and Western Biotech agree that any and all claims and disputes, whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims, between you and Western Biotech relating to your use of the Website, relating to your access or use of the services offered by Western Biotech through the Website or otherwise, or relating to any product you purchase or purchased through the Website or from Western Biotech by any other means, shall be resolved by binding arbitration on an individual basis, except for claims and disputes which may be resolved in small claims court and you waive your right to participate in any class action lawsuit or class-wide arbitration in accordance with the terms of this Arbitration Agreement.
    2. Waiver of Jury Trial. You and Western Biotech waive any constitutional or statutory right to go to court and have a trial in front of a judge or a jury. You and Western Biotech instead agree to resolve any claims and disputes by binding arbitration.
    3. Prohibition of Class Actions, Representative Actions, or Class Arbitrations. YOU AND WESTERN BIOTECH AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MAY ONLY BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR CLASS ARBITRATION. THE ARBITRATION TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATION TRIBUNAL HAS NO POWER TO CONSIDER THE ENFORCEABILITY OF THIS CLASS ARBITRATION WAIVER AND CHALLENGE TO THE CLASS ARBITRATION WAIVER MAY ONLY BE RAISED IN A COURT OF COMPETENT JURISDICTION. THE ARBITRATION TRIBUNAL 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 NECESSIATED BY THAT PARTY’S INDIVIDUAL CLAIM OR DISPUTE. ANY RELIEFT AWARDED CANNOT AFFECT OTHER CUSTOMERS OR USERS OF WESTERN BIOTECH.
    4. Arbitration Procedure and Location. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 10. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration tribunal will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitration tribunal will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitration tribunal will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Any arbitration hearings will take place in Seattle, WA. If your claim is for $10,000 or less, Western Biotech agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitration tribunal, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitration tribunal shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, attorneys’ and arbitration tribunal’s fees will be governed by the AAA Rules.
    5. Pre-Arbitration Dispute Resolution. Western Biotech is interested in resolving any and all claims and disputes amicably and efficiently. We believe most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing Western Biotech’s customer support at contact@westernbiotech.com. If such efforts prove unsuccessful, a party who intends to arbitrate must first send to the other, by certified mail, a written Notice of Dispute. The Notice of Dispute shall be sent to Western Biotech, LLC, Attention: Notice of Dispute, Legal Department at the address as shown on our Website. The Notice of Dispute must describe the nature and basis of the claim or the dispute, and set forth the specific relief requested. If you and Western Biotech do not resolve the claim or the dispute within ninety (90) calendar days after the Notice of Dispute is received, you or Western Biotech may commence an arbitration proceeding. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
  16. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
    1. Limitation of Liability. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK TO THE FULLEST EXTENT PROVIDED BY LAW. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY THIRD-PARTY WEBSITE LINKED TO THE WEBSITE. YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT WESTERN BIOTECH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE AND OR SERVICES PROVIDED THROUGH THE WEBSITE; THE COST OF PROCURMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES ACCESSED OR PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; UNAUTHORIZED ACCESS TO OR ALTERATION TO YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICE PROVIDED THROUGH THE WEBSITE. WESTERN BIOTECH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
    2. Disclaimer of Warranties. THIS WEBSITE IS PROVIDED BY WESTERN BIOTECH ON AN “AS IS” AND “AS AVAILABLE” BASIS. WESTERN BIOTECH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE. WESTERN BIOTECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WESTERN BIOTECH MAKES NO WARRANTY THAT THE WEBSITE OR THE SERVICE PROVIDED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE ACCESS TO THE WEBSITE OR THE SERVICE PROVIDED THROUGH THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QULITY OF PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES PROVIDED THROUGH THE WEBSITE OR WESTERN BIOTECH’S PRODUCTS OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE WEBSITE, THE SERVICE OFFERED BY OR THROUGH THE WEBSITE AND THE PURCHASE AND USE OF WESTERN BIOTECH’S PRODUCTS.
  17. PROHIBITION ON RESALE AND EXPORT. You agree to comply with all applicable laws and regulations of the various states and of the United States of America including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Website for your own personal use only, and not for resale or export. Products and services purchased from the Website may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
  18. PRIVACY. Western Biotech respects your privacy and is committed to protecting it. Our Privacy Policy, as shown on our Website, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website, or your use or access of the Website.
  19. FORCE MAJEURE. Western Biotech will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
  20. GOVERNING LAW AND JURISDICTION. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Washington.
  21. ASSIGNMENT. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior express written consent. Any purported assignment or delegation in violation of this Section 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  22. NO WAIVERS. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Western Biotech.
  23. NO THIRD-PARTY BENEFICIARIES. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
  24. NOTICES.
    1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide in your My Account or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to the FAX number as shown on our Website; or (ii) by personal delivery, overnight courier or registered or certified mail to Western Biotech, LLC at our address as shown on our Website. We may update the facsimile number or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.
  25. SEVERABILITY. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.  If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
  26. NOTICE TO CALIFORNIA RESIDENTS. If you are a California resident, under California Code § 1789.3, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website you may contact Western Biotech at contact@westernbiotech.com. You may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or my telephone at (800) 952-5210 or (916) 445-1254.
  27. GENERAL. These Terms of Service, Privacy Policy (available on our Website) and any other terms or policy posted on the Website constitute the entire agreement between you and Western Biotech and govern the use of the Website. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.