Conditions of Use

TERMS OF USE AGREEMENT

This Terms of Use Agreement (the "Agreement") constitutes a valid, binding contract between you and OTC Biotechnologies, L.L.C. a Texas limited liability company, and its affiliates (collectively "OTC Biotechnologies"). Your access to, and use of OTC Biotechnologies websites and webpages (collectively the "Site") are provided subject to compliance with the terms of this Agreement. Your use of this Site signifies and constitutes your acceptance of this Agreement, as it may be amended from time to time. Please read this Agreement carefully as it forms a binding contract between you and OTC Biotechnologies.

OTC Biotechnologies takes the issue of privacy on the Internet very seriously. To view our privacy policy, click here.

TERRITORIAL RESTRICTIONS
OTC Biotechnologies makes no representation that the content, information, or material contained in the Site is appropriate or available for use throughout the world. It is forbidden to access the Site from territories where the local or foreign laws provide that the content, information, material, or use of the Site is illegal. You choose to use the Site on your own initiative, and it is your responsibility to ensure that you conform to all applicable laws.

USE OF SITE
Your use of the Site is at the sole discretion of OTC Biotechnologies, which may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site, registration, or ordering of products via the Site does not entitle you to continue to use the Site.

In order for us to provide any goods or services through this site, you must provide true, accurate and current information about yourself as prompted by the Site's registration form. OTC Biotechnologies is not responsible for transactions resulting from information you provide that is untrue, inaccurate, not current or incomplete or fraudulent.

Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:

impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.

LINKS TO OTHER SITES
The Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by OTC Biotechnologies of the contents on such web sites. OTC Biotechnologies is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of the materials on such sites. If you decide to access linked third party web sites, you do so at your own risk.

REGISTRATION AND PASSWORDS
OTC Biotechnologies encourages you to register in order to take full advantage of the information available on this Site. To make your experience easier and more convenient we will store you registration information for future use. The information we store will include billing, shipping and e-mail address as well as your order history. We may use the information you provide to electronically send you information related to this Site. Please refer to our privacy policy to learn about what information OTC Biotechnologies collects and why. In consideration of your use of the Site as a registered user, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form; and to maintain and promptly update the registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or OTC Biotechnologies has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OTC Biotechnologies has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

When you register, you will be asked to select a password. You will also be given an opportunity to provide a password hint. If you forget your password, OTC Biotechnologies will provide you with the hint, however, to keep your information secure, OTC Biotechnologies cannot provide you with your password. Your password is your responsibility and must be protected. Treat your password to the Site as you would treat cash or your ATM password. You are responsible for all orders placed using your password. By accepting this Agreement, you agree to each of the following:

Not to give out your password to any other person. OTC Biotechnologies may rely on your password to identify you when providing services to you.
Never to leave your PC unattended while using the Site.
To always log off the system after using the Site.
To notify OTC Biotechnologies immediately if you suspect that your has become known to any unauthorized person.

Please be aware that the policy regarding the unauthorized use of your password is very different from, for example, the policy that your bank may have regarding unauthorized use of your credit card or ATM card. Unlike the bank, OTC Biotechnologies is not required to, and will not, insure you against the unauthorized use of your password. Rather, you are responsible for every order placed via the Site using your password, regardless of the size or cost of the order.

If you would like to update your password or other registration information, please click here.

SECURITY
Rest assured that OTC Biotechnologies will treat your registration information and other data with the appropriate safety and security features and confidentiality standards.

For your security, orders on our site are encrypted with SSL, technology on both the client and server end. VeriSign has issued OTC Biotechnologies a unique ID, which assures visitors that they have reached our authentic site, thereby allowing communications it be encrypted. In order for SSL to work you must have a browser that supports SSL.

Please note that e-mail may not be encrypted and cannot be considered a secure means of transmitting credit card numbers.

PRODUCT OR SERVICE AVAILABILITY
The availability of the products and services described on the Site, and the product and service descriptions, may vary from territory to territory, or time to time. You should contact OTC Biotechnologies for the availability of specific products or services to you.

INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS OTC BIOTECHNOLOGIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF OTC BIOTECHNOLOGIES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, THE USE OF YOUR PASSWORD TO ACCESS OR USE THE SITE, AND ANY SITES LINKED TO THIS SITE.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OTC BIOTECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
OTC BIOTECHNOLOGIES MAKES NO WARRANTY THAT:
(1) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
(3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OTC BIOTECHNOLOGIES OR THROUGH THIS SITE SHALL CREATE ANY WARRANT NOT EXPRESSLY STATED IN THIS AGREEMENT.

LIMITATIONS AND EXCLUSIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OTC BIOTECHNOLOGIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OTC BIOTECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SITE;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, OTC BIOTECHNOLOGIES'S LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE TOTAL SUM OF ALL NET COMMISSIONS RECEIVED BY OTC BIOTECHNOLOGIES IN CONJUNCTION WITH THE PRODUCT PURCHASED THROUGH THIS SITE, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $1,000. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST OTC BIOTECHNOLOGIES ARISING OUT OF THE USE OF THE SITE.
OTC BIOTECHNOLOGIES SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE
The Site is protected by copyright, trademark, trade dress and other intellectual property rights. OTC Biotechnologies, its suppliers or the original creator of the material own all copyrights to the Site, including without limitation, the content, organization, graphics, design, compilation, and all object and source code associated therewith. Some of the content on the Site may be the copyrighted work of third parties. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as specifically allowed in this Agreement, is strictly prohibited. The XSITEX.com logo, XSITEX.com, and other trademarks, service marks, logos, product names and service names (collectively, the "Marks"), registered or not, are owned or licensed by OTC Biotechnologies. You agree not to copy, display, or otherwise use any of the Marks without the prior written permission of OTC Biotechnologies.

To the extent that OTC Biotechnologies has the right to do so without compensation to third parties, and except for material specifically provided under other terms, OTC Biotechnologies grants you a personal, revocable, non-transferable, and non-exclusive permission to view the content, information, and material of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site.

Except as specifically set forth above, nothing contained in this Agreement shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any trademark, patent, copyright, mask work, or any other intellectual property right of OTC Biotechnologies or any third party. You do not acquire ownership rights to any content, information, or material through the viewing or use of the Site. OTC Biotechnologies's posting of content, information, or material on the Site does not constitute a waiver of any right in such content, information, or material. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever without the prior written permission of OTC Biotechnologies.

MODIFICATION
OTC Biotechnologies may update, revise, supplement, modify or amend this Agreement at any time and without notice to you. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether or not you have actual or constructive notice of, and whether or not you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.

ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and OTC Biotechnologies with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.

OTC Biotechnologies's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. OTC Biotechnologies's rights under this Agreement shall survive any termination of this Agreement.

The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

SEVERABILITY
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

GOVERNING LAW AND VENUE
This Agreement, the entire relationship between you and OTC Biotechnologies, and any litigation or other legal proceeding between you and OTC Biotechnologies (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules.

This contract is fully performable in San Antonio, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Bexar County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

TERMINATION
OTC Biotechnologies may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

CONTACT INFORMATION
If you have a comment, question or request, or if you need to contact OTC Biotechnologies for any other reason, there are three easy ways to do so.

E-mail: You can e-mail OTC Biotechnologies at customer-service@otcbiotech.com.

Toll-Free Telephone Number: You may call OTC Biotechnologies at 1-800-677-8072. If you call after normal business hours, please leave a message and your telephone number. A Customer Service Specialist will get back to you as quickly as possible. Normal business hours are Monday through Friday, 9 a.m. to 5 p.m. Central Time.

U.S. Mail: Send postal mail to OTC Biotechnologies at:

OTC Biotechnologies, L.L.C.
4100 NW Loop 410, Suite 230
San Antonio, TX 78229
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