Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the website, services, and products offered by Affinity Vials LLC, an Arizona limited liability company ("Affinity Vials," "we," "us," or "our"). By accessing or using the website, creating an account, or placing an order, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the website or purchase products.

These Terms constitute a binding legal agreement between you and Affinity Vials. Your continued use of the website following any update to these Terms constitutes acceptance of the updated Terms.

2. Eligibility

You may only use the website and purchase products if you meet all of the following requirements:

• You are at least twenty-one (21) years of age;
• You are a qualified researcher, scientist, laboratory professional, or otherwise affiliated with a legitimate research institution, biotechnology or life sciences company, contract research organization, university, government research facility, or similar entity;
• You have the legal capacity to enter into binding contracts in your jurisdiction;
• You will use products solely for in vitro laboratory research purposes; and
• Your acquisition, possession, and use of products comply with all applicable local, state, federal, and international laws.

By using the website or purchasing products, you represent and warrant that you meet all eligibility criteria. We reserve the right to verify researcher credentials and to refuse service to any person or entity at our sole discretion.

3. Research Use Only

All products offered through Affinity Vials are intended exclusively for in vitro laboratory research. Products are not drugs, dietary supplements, cosmetics, food, or medical devices. Products have not been evaluated or approved by the U.S. Food and Drug Administration ("FDA") or any other regulatory authority for human or veterinary use.

Products are NOT intended for:

• Human consumption, ingestion, injection, inhalation, topical application, or any other in vivo use;
• Animal consumption or in vivo use;
• Diagnostic, therapeutic, prophylactic, or curative purposes;
• Use in clinical trials involving human subjects, except in accordance with all required regulatory approvals separately obtained by the researcher;
• Compounding into prescription, over-the-counter, or consumer products.

You assume full responsibility for the legal and ethical handling, storage, disposal, and use of products in your laboratory. Full details are set out in our Research Use Only Disclaimer, which is incorporated into these Terms by reference.

4. Account Registration

To purchase products, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration;
• Maintain the security and confidentiality of your account credentials;
• Promptly update your account information when it changes;
• Notify us immediately of any unauthorized access to your account; and
• Accept responsibility for all activities that occur under your account.

We may suspend or terminate accounts that contain inaccurate information, that we suspect have been compromised, or that violate these Terms or our Acceptable Use Policy.

5. Orders and Payment

All orders are subject to acceptance by Affinity Vials. We reserve the right to refuse, limit, or cancel any order at our sole discretion, including but not limited to orders that appear to be for unauthorized resale, that exceed normal research quantities, that originate from a jurisdiction where we cannot lawfully ship, or where required researcher verification cannot be completed.

Payment is due in full at the time of order placement through the payment methods listed at checkout. You represent that any payment information you provide is accurate and that you are authorized to use the payment method. Prices are listed in U.S. dollars and exclude any applicable taxes, which will be calculated and added at checkout.

We reserve the right to correct pricing errors and to adjust prices at any time prior to order acceptance. If a pricing error is identified after an order has been placed but before shipment, we will notify you and offer the option to confirm the order at the corrected price or cancel for a full refund.

6. Shipping

Shipping is governed by our Shipping Policy, which is incorporated into these Terms by reference. The Shipping Policy describes processing times, carriers, rates, the free shipping threshold, tracking, and procedures for damaged or lost shipments.

7. Returns and Refunds

Returns and refunds are governed by our Returns Policy, which is incorporated into these Terms by reference. Due to the nature of research chemicals and our obligation to ensure product integrity, most sales are final. The Returns Policy describes the limited circumstances in which refunds, replacements, or store credit may be available, such as damaged shipments, incorrect items, or defective products.

8. Intellectual Property

All content on the website, including text, graphics, logos, images, product descriptions, structural diagrams, software, and the compilation thereof, is owned by Affinity Vials or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from the website without our prior written consent, except that you may print or download one copy of a reasonable number of pages for your own personal, non-commercial use, provided that you do not modify any content or remove proprietary notices.

The Affinity Vials name, logo, and product names are trademarks of Affinity Vials LLC. You may not use these trademarks without our prior written consent.

9. User Conduct

You agree not to:

• Use the website in any manner that violates applicable law;
• Misrepresent your identity, credentials, or intended use of products;
• Attempt to gain unauthorized access to the website, other accounts, or any networks or systems connected to the website;
• Interfere with the operation of the website or other users' enjoyment of it;
• Use any automated means to access the website except as expressly permitted;
• Reverse engineer, decompile, or attempt to discover the source code of any part of the website;
• Resell products without our written consent; or
• Provide products to any person who does not meet the eligibility criteria set forth in these Terms.

Additional restrictions are set forth in our Acceptable Use Policy.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AFFINITY VIALS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, OR THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, OR ANY PRODUCT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO AFFINITY VIALS DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless Affinity Vials, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms or any policy incorporated herein;
• Your misuse of any product, including any use other than in vitro laboratory research;
• Your violation of any applicable law or third party right;
• Any misrepresentation regarding your eligibility, credentials, or intended use of products; or
• Any claim that your use of products caused personal injury, property damage, or other harm to yourself or any third party.

12. Disclaimer of Warranties

THE WEBSITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFFINITY VIALS DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION ON THE WEBSITE.

WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE SAFETY, EFFICACY, OR SUITABILITY OF ANY PRODUCT FOR ANY PARTICULAR USE. PRODUCTS ARE NOT FDA APPROVED AND ARE NOT INTENDED FOR ANY USE OTHER THAN IN VITRO LABORATORY RESEARCH.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles. Subject to the Dispute Resolution section below, any dispute arising out of or relating to these Terms or your use of the website or products shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of such courts.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute, you agree to first contact us at legal@affinityvials.com and attempt to resolve the matter through good-faith negotiation for a period of at least thirty (30) days.

14.2 Binding Arbitration

Except for claims that may be brought in small claims court and disputes regarding intellectual property, any dispute, claim, or controversy arising out of or relating to these Terms, the website, or any product (each, a "Dispute") shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. Arbitration shall take place in Maricopa County, Arizona, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND AFFINITY VIALS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@affinityvials.com within thirty (30) days of first accepting these Terms. The opt-out applies only to the arbitration agreement and class action waiver; the remaining Terms remain in effect.

15. Termination

We may suspend or terminate your access to the website and your account at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the website ceases immediately. Provisions that by their nature should survive termination (including but not limited to Intellectual Property, Limitation of Liability, Indemnification, Disclaimers, Governing Law, and Dispute Resolution) shall survive.

16. Changes to Terms

We may modify these Terms at any time by posting the revised Terms on the website with an updated "Last Updated" date. Material changes will be communicated through reasonable means, such as a notice on the website or via email to the address associated with your account. Your continued use of the website after such changes constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the website.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with the Privacy Policy, Shipping Policy, Returns Policy, Cookie Policy, Acceptable Use Policy, DMCA Policy, and Research Use Only Disclaimer, constitute the entire agreement between you and Affinity Vials regarding the subject matter hereof and supersede all prior agreements, communications, and understandings.

19. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. Any attempt to do so is void. We may freely assign these Terms.

20. Contact

Questions about these Terms may be directed to: