GENERAL TERMS AND CONDITIONS OF WEBSITE USE
This website (the “Site”) is provided by Conrex Pharmaceutical Corporation (“Conrex”). By using the site or downloading materials from the Site, you agree to abide by the following terms and conditions.
Use of Site. By accepting these terms through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.
Limited License. The content of this Site, including but not limited to the text and images displayed herein and their arrangement (collectively, the “Materials”), are copyrighted by Conrex. The Materials on this Site may not be copied, modified, distributed, republished, uploaded, downloaded, posted or transmitted in any way without the prior written consent of Conrex, except that you may download one copy of the Materials onto your computer for your personal, non-commercial use, provided you do not delete or change any copyright, trademark or other proprietary notices contained in the Materials.
Conrex, the Conrex logo, Sesha Skin Therapy and all other brand names, products names and trademarks, unless otherwise noted, are owned or licensed by Conrex, and Conrex reserves all intellectual property rights in same. Except as expressly provided herein, Conrex does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
Images of people, places, products or personalities displayed on this Site are either the property of, or used with permission by, Conrex. The use of any of these images by you, or anyone else authorized by or associated with you, is prohibited unless you obtain prior written permission from Conrex. Any unauthorized use of the images may violate copyright, trademark, privacy, publicity and/or communications laws and regulations and subject you to liability for damages.
You agree to indemnify, defend, and hold Conrex harmless from and against any losses, liabilities, damages, demands, claims, causes of action and expenses (including, without limitation, attorneys’ fees and court costs) arising out of or related to your use of the Materials and/or the Site, or your provision of information or materials to Conrex.
Content Disclaimer. All Materials and other content provided on this Site are for educational purposes only. Such Materials and other content are not intended to substitute for the diagnosis, treatment and advice of a medical professional. Such Materials and content do not cover all possible uses, precautions, side effects and interactions, and should not be construed to indicate that any product is safe for you. Consult your medical professional for guidance before using any product. Proper treatment of any condition depends on a variety of personal health factors, and can best be assessed by a health care provider. In addition, before administering any product, check product information (including package inserts) regarding dosage, precautions, warnings and interactions.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. PRODUCTS MAY NOT BE EXACTLY AS THEY APPEAR ON YOUR SCREEN. PRODUCTS PICTURED MAY NOT BE AVAILABLE FOR PURCHASE IN ALL GEOGRAPHIC AREAS. CONREX DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE AVAILABILITY OF THE PRODUCTS, OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINION, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. CONREX MAY, BUT SHALL NOT BE REQUIRED TO, UPDATE THE MATERIALS AND/OR CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. CONREX MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS OR PRICES DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, AND THE INFORMATION AND MATERIALS ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TERMS AND CONDITIONS OF SALE OF PRODUCTS
Scope. The terms and conditions of sale contained herein apply to all sales and samples of goods (“Products”) made or provided by Conrex to any purchaser (or, with respect to samples, prospective purchaser) (“Buyer”). Conrex does not accept and hereby expressly rejects all terms and conditions contained in any document issued by Buyer which purport to pertain to the Products and/or the relationship between Conrex and Buyer, which terms and conditions are in addition to or inconsistent with the terms and conditions set forth herein, and such terms and conditions shall not become part of the order between Buyer and Conrex.
Orders. All orders are subject to acceptance in writing by Conrex at its office in Newtown Square, Pennsylvania. Buyer shall have no right to cancel any accepted order without the prior written consent of Conrex. Conrex reserves the right, in its sole discretion, to refuse, limit or cancel any order for any reason.
Prices. All stated prices are F.O.B. Conrex’s shipping point. Buyer shall bear and be solely responsible for all shipping costs and shall bear all risk of loss in transit. All stated prices are exclusive of taxes. Buyer shall pay any taxes, fees and duties or other amounts, however designated (other than taxes on Conrex’s net income or gross receipts), levied or based upon the Products and/or any order. Applicable taxes shall be billed as a separate item on each invoice to the extent possible.
Payment Terms. By purchasing a Product on this Site, Buyer acknowledges that Conrex utilizes a third party payment processing system and to look solely to such party with respect to any payment processing issue. Buyer further acknowledges that all registration, billing and shipment information provided by Buyer is truthful and accurate.
Delivery. Delivery dates are approximate. Conrex shall not be liable for delays in or failure of delivery of Products due to acts of God, acts of Buyer or of third parties (including without limitation, Conrex’s suppliers), acts of civil or military authority, fires, strikes, floods, epidemics, war, riot, terrorist acts, delays in transportation or other causes beyond Conrex’s reasonable control.
Acceptance. All claims with respect to allegedly nonconforming or defective Products shall be made by Buyer in writing within thirty (30) days of receipt of shipment of such Products, after which the Products shall be deemed accepted for all purposes and Conrex shall have no liability for same. Claims with respect to the Products must be verified by an authorized representative of Conrex, and Buyer must obtain authorization and shipping instructions from Conrex prior to returning any Products. Risk of loss of same shall remain with Buyer until delivery to Conrex.
SESHA SKIN THERAPY accepts returns and exchanges for up to thirty (30) days after the date of PURCHASE (excluding shipping & handling charges). Product containers must be at least half full. To ensure a timely refund or exchange, please fill out a return slip and send it along with the item. You can download and print a return slip from our website. Shipping fees for exchanged product are also the customer’s responsibility. EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING SENTENCE, CONREX DOES NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL, WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.
Conrex’s exclusive obligation under the warranties above, and Buyer’s exclusive remedy, shall be limited to replacing the defective Products, subject to Buyer’s providing timely notice of any defect pursuant to the acceptance section hereof and Conrex’s agreement to accept return of same. Conrex will deliver replacements for defective Products to Buyer freight prepaid. Products returned to Conrex for which Conrex provides replacement under the above warranty shall become the property of Conrex.
Limitation of Liability; Disclaimer of Certain Damages. IN NO EVENT WILL CONREX BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, WHETHER OR NOT CONREX KNEW OR HAD REASON TO KNOW OF THE LIKELIHOOD OF SUCH DAMAGES. THE TOTAL LIABILITY OF CONREX WITH RESPECT TO THE MANUFACTURE, SALE, DISTRIBUTION, RESALE, REPLACEMENT OR USE OF ANY PRODUCTS HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY BUYER FOR SUCH PRODUCT OR PORTION THEREOF GIVING RISE TO THE LIABILITY.
CONSUMER RIGHTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND REMEDIES; YOU MAY ALSO HAVE OTHER RIGHTS AND REMEDIES WHICH ARISE FROM OPERATION OF LAW AND VARY FROM STATE TO STATE.
User Reviews and Feedback. All reviews and feedback submitted by Buyer on or with respect to Conrex or the Products may be copied, modified, adapted, published and/or deleted in their entirety by Conrex without notice, attribution or payment to you.
PURCHASE OF PRODUCTS FOR RESALE
If Buyer is purchasing the Products for resale, the following additional terms and conditions will apply:
Buyer will sell or otherwise provide the Products solely to patients or customers of Buyer (“Customers”) and not to third parties. It is Conrex’s policy not to sell to persons who resell to persons other than their own Customers, or who sell the Products for less than Conrex’s manufacturer suggested retail price. Buyer will not, directly or indirectly, alone or in conjunction with any other person or entity, sell or otherwise provide the Products to any Customer or other person or entity located outside the United States.
Buyer will extend no warranties or guarantees, orally or in writing, respecting the Products, or their performance, design, quality, merchantability or fitness for purpose, other than those expressly set forth herein.
Buyer will promptly respond to all inquiries from Customers, including complaints, and/or will refer such inquiries to Buyer as appropriate. Buyer agrees to cooperate with Company in dealing with any Customer complaints concerning the Products and to take any action requested by Company to resolve such complaints.
Buyer, at its sole cost and expense, will procure and maintain insurance of such types and in such amounts as are generally maintained by persons or entities of similar size and purpose naming Company as an additional insured.
Waiver; Remedies Nonexclusive. No failure by Conrex to take any action or assert any right hereunder shall be deemed to be a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Acceptance by Conrex of any payment or payments from Buyer shall not constitute a waiver of any default or prevent Conrex from asserting a claim for an additional amount due or from exercising any other right or remedy. The rights and remedies of Conrex provided for herein shall be cumulative of and in addition to all other rights and remedies now or hereafter available to Conrex at law or in equity.
Entire Agreement. These terms and conditions constitute the entire agreement between Conrex and Buyer with respect to the subject matter hereof and supersede all prior agreements with respect thereto. No amendment or modification of these terms and conditions shall be binding unless in writing and duly executed by authorized representatives of each party.
Severability. If any provision of these terms and conditions should be declared invalid by any competent court of law, it shall be considered deleted from this order. All other provisions hereof shall remain in full force and effect.
Governing Law; Jurisdiction. The validity of these terms and conditions, as well as its interpretation, operation, and effect shall be determined exclusively by the laws of the Commonwealth of Pennsylvania, notwithstanding its conflicts of laws principles. Any dispute arising out of or in connection with these terms and conditions or the relationship of Conrex and Buyer shall be adjudicated exclusively in the state courts for Delaware County, Pennsylvania or the federal courts for the Eastern District of Pennsylvania, and all parties consent to personal jurisdiction and venue therein.