Rules Of Conduct

You also must comply with all applicable laws and contractual obligations when you use this Website. By accepting this Agreement, you acknowledge and agree that all purchases from our Website are solely sold for scientific and research purposes.  Additionally, you acknowledge that the products will be used only as intended by the manufacturer and in strict accordance with all instructions and/or warnings provided with such products.  All orders are subject to review and can be voided or cancelled by DABOS.  Upon demand, you may be required to provide applicable license or permits.  You also agree to indemnify and hold DABOS harmless for any and all liability arising out of or resulting from the improper use of any product purchased from us or the unlawful purchase of any product from us.

You agree to review and familiarize yourself with any such instructions and/ or warnings. You also agree not to use any good, product or service purchased through the Website in any manner contrary to or inconsistent with such instructions and/or warnings

Use Of The Company Services

All rights not expressly stated herein are reserved by us and we disclaim any and all implied licenses. Without limiting the foregoing, you agree not to: (i) use the Company Services for any commercial purposes other than selecting and purchasing products and goods offered for sale on the Website; (ii) copy, adapt, translate, distribute, transmit, reproduce or otherwise exploit the Company Services, or any part thereof; (iii) use the Company Services in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of ours, our third-party suppliers or any other third-party; (iv) post any comments that are unlawful, misleading, harmful, threatening, abusive, harassing, degrading, intimidating, tortious, defamatory, vulgar, obscene, indecent, pornographic or otherwise objectionable; (v) use Company Services to harm minors in any way; (vi) use false information or misappropriated information (including without limitation, unauthorized credit, debit card or other payment account information) debit in any user account or for any purchase using the Website; (vii) collect information about other users of the Company Services in any way; or (viii) remove any copyright, trademark or other proprietary rights notice from the Company Services; and/or (xix) incorporate the Company Services into any product or service or systematically download and store the Company Services content.

Passwords And User Accounts

You may need to create a user account to use the Company Services and to select a unique password in order to be able to access your account and use Company Services. We may reject, or require that you change, any user name, password or other information that you provide to us in connection with our registration process. If you are the user, your user name and password are for your personal use only and should be kept confidential, and if an Organization is the user, your user name and password are for your Organization’s business use only, and should be kept confidential. You are solely responsible for maintaining the confidentiality and security of your credentials, username and password and for restricting access to your mobile device, computer, and/or other means of accessing the Company Services. You, and not us, are responsible for any use or misuse of your credentials and for all activities that occur in connection with your account, either with or without your knowledge including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you.

Linking Policies

This Website may contain links to other websites or to third-party sellers of products and services. Such links are provided for your convenience only. We are not responsible for, and do not endorse, the content of any such sites or the products and services sold on them (collectively, “Third Party Materials”), nor do we take responsibility for the accuracy of any such sites. Your use of Third-Party Materials is at your sole risk and is subject to any additional terms, conditions and policies applicable to such Third-Party Materials (including but not limited to terms of service or privacy policies). When you visit a linked site, you should read the terms of use and privacy policy that govern that particular linked site.

We welcome links to this Website so long as: (i) this Website opens in a new browser window which displays the full version of a page of this Website (e.g., not merely one of its frames, and not an "in-line" link to a particular image or object on this Website), (ii) the link to this Website does not state or imply any sponsorship of your website or service by us or by this Website; and (iii) this Website is not display-framed within or obfuscated by other content. You may not use on your website any trademarks, service marks or copyrighted materials appearing on this Website, including but not limited to any logos, without our express written consent. We may condition your ability to link to this Website on your execution of a separate linking agreement (“Linking Agreement”) setting forth terms and conditions (in addition to those set forth in this Agreement) for you to maintain any link to this Website. Except to the extent otherwise set forth in such a Linking Agreement, we may prohibit you from linking to this Website at any time, with or without notice to you, and, if we notify you to cease linking to this Website, you agree to discontinue your link to this Website immediately.

Display, Specifications, Instructions & Warnings

The Company Services may make available listings, descriptions and images of goods, products and/or services made available by us and/or our suppliers, as well as references and links to other goods, products and/or services. We attempt to display product images shown through the Company Services as accurately as possible. Notwithstanding the foregoing, we make no warranties or representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features and specifications contained therein). Such information and the availability of any goods, products and/or services are subject to change at any time without notice.

Features, pricing and specifications of products and/or services described or depicted through the Company Services are subject to change at any time without notice. Weights and measures are approximate

Good, products and/or services made available by us and/or our suppliers may be accompanied by instructions and/or warnings concerning their use. You agree to review and familiarize yourself with any such instructions and/ or warnings. You also agree not to use any good, product or service purchased through the Website in any manner contrary to or inconsistent with such instructions and/or warnings.

Warranty Disclaimer

You access and use the Company Services at your sole risk. The Company Services are provided to you on an “as is,” “where is,” “where available” and “as available” basis. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise.

Without limiting the foregoing, we do not represent or warrant that (i) the Company Services will be uninterrupted, timely, secure or error-free, (ii) the defects in the Company Services will be corrected, (iii) the Company Services or the servers that operate the Company Services are free of viruses or other harmful components, (iv) the data, results and information within Company Services will be correct, accurate, adequate, useful, reliable or otherwise, and (e) the Company Services will meet your needs, requirements or expectations.

We may make changes to the content within the Company Services or to the products or services described in it, at any time without notice to you. Further, we assume no liability or responsibility for any errors or omissions in the content within the Company Services. The materials in the Company Services may be out of date or inaccurate, and we specifically disclaim any duty to update such content.

Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation Of Liability

NONE OF THE COMPANY, ITS AFFILIATES AND SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE COMPANY SERVICES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE COMPANY SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND, WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE COMPANY SERVICES OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES THROUGH THE COMPANY SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE LINKING TO OTHER WEBSITES FROM THE COMPANY SERVICES; PRODUCTS AND/OR SERVICES OFFERED ON OR MADE AVAILABLE THROUGH THE COMPANY SERVICES; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE COMPANY SERVICES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO US FOR ACCESS AND USE OF THE COMPANY SERVICES OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH THE COMPANY SERVICES, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.

Indemnification

You agree to indemnify, defend, and hold us, our affiliates, agents, vendors, distributors, licensors and suppliers and their officers, directors, and employees harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (a) any violation or alleged violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of the Company Services; and (d) use of any goods or products purchased from us in any manner other than strictly in accordance with the instructions provided by the manufacturer or maker of such goods or products.

Applicability Of Content

The Company Services are operated in the State of Maryland, United States of America, and are not intended to subject Company to any non-U.S. jurisdiction or law. We make no representation that the content provided through the Company Services are available or appropriate for use in jurisdictions other than the United States. If you access our Company Services from outside of the United States, you are responsible for compliance with any other applicable laws. To the extent any applicable local laws prohibit your viewing and use of the Company Services, you may not view or use the Company Services. Any use of the Company Services is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the availability of the Company Services at any time, in whole or in part, to any person or geographic area that we choose.

Privacy Policy

We realize that you want to know about how the information you provide online will be used. We have a Privacy Policy that discloses what information we collect about you, how we use such information, the steps we take to secure such information, how you can view and correct such information and how you can decline to have such information about you collected or used. The Privacy Policy is available through the Company Services and is incorporated herein by this reference. Please read our Privacy Policy for more details.

Additional Fees

You shall immediately notify us in writing if you or your Organization knows or has reason to believe that you and/or your Organization has been or will be required, as a result of activity arising out of or related to this Agreement or the Company Services, to respond to any subpoena, search warrant, discovery or other directive or legal process (collectively “Directives”) under the authority of any court or agency of the United States or any state in connection with any proceeding or investigation in which you or any of your or your Organization’s affiliates, officers, directors, agents, employees, or subcontractors is involved. Whether or not such notice is given by you, you shall directly assist us in our attempt to reduce the burdens of compliance with any such Directives, and you shall reimburse any and all reasonable expenses incurred by us and/or our affiliates or qualified administrators in complying with any such directive, including, but not limited to, attorneys’ fees and travel and lodging expenses in responding to such matters.

Jurisdiction And Governing Law

This Agreement and its terms shall be governed and construed in all respects by the laws of the United States (including federal arbitration law) and the State of Maryland, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Company Services, and/or your purchases of products and/or services through the Company Services must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitation which otherwise may apply. You agree to submit to the exclusive jurisdiction of the state courts located in the State of Maryland or the United States District Court located in the State of Maryland for resolution of any dispute, action or proceeding arising in connection with this Agreement. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

Arbitration

Except for actions by the Company arising from non-payment of amounts due for purchases made through the Website, and requests for injunction or other extraordinary relief, each of which may be pursued in a court of law having competent jurisdiction, any dispute arising out of or in connection with the relationship of the parties and/or this Agreement shall be resolved by binding arbitration conducted by an arbitrator. To commence arbitration, the party desiring arbitration shall notify the other party in writing of its desire to arbitrate, which shall include a brief description of the disputes and/or issues to be arbitrated (“Arbitration Notice”). If the parties are unable to mutually agree upon the selection of the arbitrator within thirty (30) days of the Arbitration Notice, then one shall be appointed and the arbitration shall be conducted pursuant to Title 3, Subtitle II of the Courts and Judicial Proceedings Article, Annotated Code of Maryland. The arbitration proceedings shall be conducted in Montgomery County, Maryland. The arbitrator shall not contravene or vary in any respect any of the terms and provisions of this Agreement. The award of the arbitrator shall be final and binding upon the parties hereto, their heirs, administrators, executors, successors and assigns, and a judgment upon such award shall be entered in any court having jurisdiction. In any proceeding, whether in court or in arbitration, the court or arbitrator may award to the prevailing party, as a recovery from the other party, all expenses, including, but not limited to, reasonable attorneys’ fees and/or the arbitrator’s fees incurred in instituting or defending such action.

YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON ANY INDIVIDUAL BASIS; CLASS ARBITRATION AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN CLASS ACTION.

INTELLECTUAL PROPERTY NOTICES

Copyright

The Company Services is owned and operated by us and our licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties - Copyright 2022 DABOS, INC. - All rights reserved. The compilation and arrangement of all content, data and other information found within the Company Services is also the sole and exclusive property of ours and our licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the Company Services, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to us and our licensors and are fully protected under U.S. and international intellectual property laws.

All content on this Website including, but not limited to software, text, graphics, images, video, audio and other material (collectively referred to as the "Content"), is the exclusive property of and owned by us and/or other authorized third-party providers. The Content may be owned by us or may be provided through an arrangement we have with others. The Content is protected by copyright under both United States and foreign laws and may not be modified or altered in any way. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content and you may not use the Content except as specifically provided in this Agreement. You may access, copy, and print the Content on this Website provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content. No other use is permitted without prior written consent from DABOS or the owner of the Content. If you violate any part of these Terms and Conditions, your permission to access and/or use the Content and the Website automatically terminates without notice.

Trademarks

Any and all trademarks, whether registered or unregistered, displayed within the Company Services are owned by us, our licensors or our affiliates. Nothing in this Agreement should be construed as transferring any license or other rights with respect to such trademarks to you or to any third party.

By posting information or Content to this Website by making such information or Content available for downloading by you, we do not waive any proprietary rights (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and do not transfer any rights to you.

Terms And Conditions Applicable To Website Purchases

You and the Company agree that the terms and conditions hereinafter set forth shall govern the rights and obligations of You and the Company concerning the purchase of goods or services through the Website. You accept and agree to all such terms and conditions by placing an order using this Website.

Choose Your Payment Method:

You agree to pay the Company in full for all purchases made through the Website by You or on behalf of You. You may select from among several payment methods.

Reduce the cost and administration of paying DABOS—Pay electronically (ACH Debit) or set up AutoPay. Please call Customer Service for details. For your convenience, we provide several payment alternatives. Orders billed to your account may be paid by ACH Debit, Check by Phone, or Check. If you prefer, you may use your credit card when placing your order. All sales are subject to our normal terms and conditions.

All sales are subject to credit approval. Invoices are payable within agreed terms of sale.

Open Accounts Receivable:

All unpaid accounts receivable past due are subject to a 1.5% finance charge.

Equipment:

Equipment may not be purchased through the Website without separate approval from the Company, which is subject to different sale terms. Convenient financing or leasing is available to eligible, approved customers. Please call 1-888-672-774 for details.

Points, Gifts, or Other Special Awards Program:

The federal government imposes certain restrictions on, and requires public reporting of, transfers of value to certain individuals. Participating in a promotional program (e.g., points, discount redemptions or other special awards) is only permissible in accordance with discount program rules and applicable law. By participation in any promotional program, you represent and assure the Company that your participation complies with the promotional program requirements and does not violate applicable law.

Delivery Terms

All Shipments:

Unless otherwise agreed, freight terms are FOB Shipper’s Dock ("Ex Works" outside North America), which provides for title to pass to you at the time the shipment is loaded at the shipper’s dock.

Continental U.S.:

All orders will be subject to a handling charge. This charge includes freight, except for additional carrier charges related to special delivery services and hazardous material shipments. Special orders are subject to additional freight charges.

Alaska, Hawaii & Pacific Protectorates:

Standard shipping methods provide direct, reduced cost, expedited air delivery service to all accounts in Alaska and Hawaii. Customers in the Pacific Protectorates are offered direct surface transport, or postal services for reliable delivery. No additional surcharges apply, except when special services are requested. Low-level hazardous items (dangerous goods in accepted quantities and Consumer Commodity ID 8000) are now available via UPS 2nd-day air./p>

Guam, Puerto Rico, U.S. Trust Territories & Virgin Islands:

Outside U.S.:

If your order is being shipped outside the U.S., please refer to the International Terms & Conditions. Unless otherwise agreed, freight terms are FOB Shipper's Dock ("Ex Works" outside North America). Title passes at the time the shipment is loaded at the shipper's dock.

Regulatory Requirements:

Local regulatory requirements may apply to use or installation of certain products. Be sure to understand and comply with any such requirements prior to purchase, use, or installation of products.

Returns:

If you have tried a product purchased through the Website and it does not perform satisfactorily, call our customer service department (at 1-88-672-7774) or email them at customerservice@dabos.com or contact your field consultant (if the Company has assigned a field consultant to you). We will provide, at your choice, an exchange, credit or refund for returned items that we can accept.

NO RETURNS WILL BE ACCEPTED WITHOUT PRIOR AUTHORIZATION. To arrange for a return, simply initiate a return from the website by logging in and then going to your account and then your orders. Start the return of the order, fill out the details and submit. The following conditions must be complied with:

Regulatory Requirements:

Local regulatory requirements may apply to use or installation of certain products. Be sure to understand and comply with any such requirements prior to purchase, use, or installation of products.

Exceptions:

The following special, customized, or government-regulated items are not returnable:

Prescription Drug Returns:

Federal law requires that any drugs returned to a wholesale distributor, are kept under proper conditions for storage, handling, and shipping. The Prescription Drug Marketing Act also requires that written documentation indicating that proper conditions were maintained is provided to the wholesale distributor to which the drugs are returned. To help facilitate this process DABOS has developed a Prescription Drug Return Authorization form that you may use to comply with this requirement.

General Provisions

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.”

Our failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between you and us nor trade practice shall act to modify any of the terms and conditions of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you. You may not assign, transfer and/or sublicense this Agreement or the rights granted herein to you to any party without our prior written consent. The section headings used in this Agreement are for convenience only and have no legal or contractual effect. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Revisions And Consents

We reserve the right to revise the terms and conditions of this Agreement at any time and such revisions shall be effective immediately upon posting to the Website. We also reserve the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the Company Services. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes within the Company Services or via electronic notice as described above. By continuing to use the Company Services, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.

Order Of Preference

This Agreement governs your use of the Company Services and purchases made using the Website. To the extent that you and the Company have executed any separate agreement which concerns such matters, such separate agreement shall govern only the rights and obligations set forth therein and shall be deemed not to supersede, modify or limit any provision of this Agreement concerning your use of the Website or the Company Technology unless such separate agreement specifically and expressly states that it supersedes this Agreement and specifically identifies the provisions so superseded.

Entire Agreement

This Agreement constitutes the entire agreement between you and us with respect to the subject matter addressed herein, and governs your access to and use of the Company Services, superseding any prior agreements between you and us relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with us.

Print This Agreement

For record keeping purposes, we encourage you to print this Agreement and the ancillary documents described herein.

You agree that this Agreement, combined with your act of using the Company Services offered have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement.