Free trial period
Customer contact policy
Cancellation of orders
Returns and refunds
Important information about
processing times
Limitation of liability and
disclaimer of warranty
Representations; product
disclaimers
Website user conduct and restrictions
Notice
Dispute resolution by binding
arbitration
Governing law
ATTENTION: This is a binding agreement between You, the person or entity agreeing
to the terms contained in this document (“You”, “Your” or “Customer”), and
NetaLab, Inc. the owner and administrator of this Website and all
content and functionality contained herein (“NETALAB”, “Our”, “Us”, or “Company”)
(collectively, the “Parties” or “We”). These terms and conditions, as well
as any additional terms, conditions and covenants referenced in or made available
by hyperlink in this document (collectively, these “Terms”, “Terms of Use” or this
“Agreement”), govern Your use of and access to this Website and any and all of its
sub-pages (collectively, the “Website”).
IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE
ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
ACCEPTANCE OF TERMS OF USE
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By using, visiting, or browsing the Website, as well as
placing an order with NETALAB through the Website, you accept, without limitation
or qualification, these Terms of Use and agree, without limitation, to the terms
of Our Privacy Statement. If You do not agree
to be bound by these Terms of Use and Privacy Statement, You should exit the Website
immediately. By accessing, using or ordering products through the Website,
You affirm that You have read this Agreement and understand, agree, and consent
to all Terms contained herein.
These Terms of Use constitute the entire agreement between NETALAB and You, and
supersedes all prior or contemporaneous agreements, representations, warranties,
and understandings with respect to the Website, the content, products, or services
provided by or through the Website, and the subject matter of these Terms of Use.
This Agreement is intended to be governed by the Electronic Signatures in Global
and National Commerce Act. You manifest
Your
agreement to the Terms in this document by any act demonstrating Your assent thereto,
including clicking any button containing the words “I Agree”; “Rush My Order”; “Submit”
or similar syntax, or by merely accessing the Website, whether You have read these
terms or not. It is suggested that You print this form for Your personal
records.
You further agree not to use or access the Website if doing so would violate the
laws of Your state, province or country. At the bottom of this
page appears a “last modified” date. If the “last modified” date remains unchanged,
then You may presume that no changes have been made since the “last
modified” date. A changed “last modified” dates indicates that this document
has been updated or edited, and the updated or edited version supersedes any prior
versions immediately upon posting.
CHANGES TO TERMS OF USE
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NETALAB reserves the right, at its discretion, to change,
modify, add, or remove portions of this Agreement and Our other policies and agreements
related to the Website at any time and in any manner, without prior notice to
You. You are bound by such revisions and should therefore
periodically visit this page to determine the then current Terms of Use to which
You are bound. You can review the most current version of
the Terms of Use at any time by clicking on the “Terms and Conditions” hyperlink
located at the bottom of the pages on the Website. By using the Website, You signify
Your acceptance of this Agreement. Your use of the Website
after changes are made signifies Your assent to be bound by this Agreement
and the Privacy Statement as they exist at that time.
ORDERING PRODUCTS THROUGH THE WEBSITE; POLICIES
NOTE: All products come with a fourteen (14) day free trial period (“Free Trial”)
as described in this Agreement. If You have any
questions about Our Free Trial, please contact Our Customer Service Department toll-free
at 1-866-437-0122.
Our Customer Service Department is open twenty-four hours a day, seven days a week.
FREE TRIAL PERIOD
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Beginning on the
day that You place an order for a product (“Product”)
from the Website, Your credit card will be charged only a shipping and handling
charge ranging from $9.99 to $1.99 depending on the promotion (shipping and handling
is increased for international deliveries), and Your fourteen (14) day Free Trial
period begins (“Free Trial Period”). You agree that NETALAB can charge Your
credit card for the shipping and handling charge, and You agree to pay such amount
regardless of whether You cancel Your Free Trial in a timely fashion or not.
Shipping and handling charges are non-refundable. The Free Trial Period is
calculated in calendar days, not business days.
SHIPPING TERMS
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You will be shipped a thirty (30) day supply of the Product
You ordered. Orders are generally shipped within 24 hours of receipt (MON-FRI)
using the shipping method selected. Please be advised that shipments are not sent
on Saturdays, Sundays, or any Holidays. NETALAB does not guarantee specific arrival
dates or times. NETALAB does not refund or credit delivery or processing charges
for any shipments. Delivery time is subtracted from Your Free Trial Period, and
will reduce the number of days allocated to Your Free Trial Period.
If
You
want to extend Your Free Trial Period due to slow postal delivery or delayed pickup,
You must call Our Customer Service Department toll-free at 1-866-437-0122. Reasonable requests (as
determined by NETALAB, in its sole discretion) to extend Your Free Trial Period
generally will be granted.
HOME DELIVERY PLAN
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If You are satisfied with the Product and wish to continue to receive
the Product on a monthly basis, You need do nothing else. Upon the expiration
of the Free Trial Period, You will be automatically enrolled in Our Home Delivery
Plan, and Your credit card will be billed for the full cost of the Product that
You ordered (i.e.,
a thirty day supply). At present, the full cost of the Product is $84.64 (Florida
residents add sales tax).
Unless You cancel Your enrollment in Our Home Delivery
Plan, approximately thirty (30) days following Your original order date (and every
thirty (30) days thereafter), NETALAB will send you another thirty (30) day supply
of the Product and the credit card You provided to us will be automatically billed
$84.64 for the Product (Florida residents add sales tax) plus a shipping and handling
charge of $4.99 (shipping and handling is increased for international deliveries).
CUSTOMER CONTACT POLICY
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You are required to provide an accurate phone
number, e-mail address, and shipping address when placing
Your order. You must contract
Us
before the expiration of Your 14-day Free Trial Period if You have not received
Your trial Product. If You fail to contact us within Your 14-day Free Trial Period,
NETALAB cannot be held liable for Your shipments and NETALAB will assume that You
have received the product.
DELIVERY CONFIRMATION POLICY
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Because a variety of instances beyond Our control may occur at Your
shipping address, You agree that any delivery confirmation (even those that do not
include a signature) provided by the selected shipping provider is deemed sufficient
proof of delivery to the credit card holder.
CANCELLATION OF ORDERS
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If You are not satisfied with the Product and wish to cancel future deliveries
of the Product, You must call Our Customer Service Department toll-free at 1-866-437-0122
prior to the expiration of the Free Trial Period and cancel Your order and any future
deliveries. Please note, if You fail to call NETALAB prior to
the expiration of the Free Trial Period, Your credit card will be charged for the
Product that was shipped to You.
After expiration of the Free Trial Period, You may at anytime cancel your enrollment
in Our Home Delivery Plan or modify the frequency of
Your
future shipments of the Product by calling Our Customer Service Department toll-free
at 1-866-437-0122.
YOU UNDERSTAND THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION AND THAT
YOU WILL BE LIABLE FOR PAYMENT OF PRODUCT THAT WAS SHIPPED TO YOU, AND FUTURE SHIPMENTS
OF PRODUCT, IF YOU FAIL TO NOTIFY US TO STOP SUPPLYING THE PRODUCT TO YOU.
You will be responsible for payment for any Product that has either (i) already been shipped to
You
or (ii) already been delivered to You at the time of Your call.
RETURNS and REFUNDS
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You MUST request a "Return Merchandise Authorization" or
"RMA" prior to sending a package back to our warehouse -- NO EXCEPTIONS--
You must follow the following RMA steps to ensure
proper receipt by our warehouse and credit by our customer service team:
You MUST clearly write the RMA number on the outside packaging
Your RMA number is valid for 10 days from the date it was issued
You must obtain a tracking number. We recommend using
Fedex
or UPS
IMPORTANT INFORMATION ABOUT RMA'S
- Any returns without an RMA number will not be
acknowledged
- We are NOT responsible for lost or stolen shipments
- We are NOT responsible for shipments sent without
a proper tracking number
We will only accept returns within 14-days from the date the product was originally
shipped to you
You may return any UN-USED product, in saleable condition, undamaged, with its original
packaging, including all product components and instruction manual.
We cannot process or refund packages marked "Return to Sender."
Refunds will ONLY be issued to the same credit card used when ordering the product.
You will be charged a 20% restocking fee
All shipping and handling charges are non-refundable
You are responsible for all shipping expenses to send to our warehouse
IMPORTANT INFORMATION ABOUT PROCESSING TIMES
- Upon receipt of your return, allow 3-5 business days for processing by our warehouse
- Once your return is processed, allow 3-5 business
days for any credits (if credits are due) to
be posted to your account, depending on your financial
institution.
CREDIT CARD DESCRIPTOR; BILLING ERRORS
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By ordering Products from NETALAB, You authorize NETALAB
to charge Your credit card accordingly. This authority shall remain
in effect until and unless You have cancelled future orders of the Products as described
in this Agreement, above. If
You believe that You have been erroneously billed, please
notify Our Customer Service Department toll-free at 1-866-437-0122
immediately of such error. If NETALAB does not hear from
You
within thirty (30) days after such billing error first appears on any account or
credit card statement, such fee will be deemed acceptable by You for all purposes,
including resolution of inquiries made by Your credit card issuer. You release us
from all liabilities and claims of loss resulting from any error or discrepancy
that is not reported to Us within thirty (30) days of its publication.
MODIFICATIONS OF PRODUCT OFFERINGS AND PRICE
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NETALAB reserves the right to modify the prices charged
for the Products, or to add or remove any Products, from the Website at any time
without prior notice to You. Price quotes provided to
You prior to any price modification shall be honored.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
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THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE
WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NETALAB DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS.
IN NO EVENT SHALL NETALAB OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT
CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE
OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY,
WARRANTY, OR OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS
(COLLECIVELY, “CLAIMS”) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT,
THE PRODUCTS, OR THE CUSTOMER’S USE OF THE WEBSITE OR ANY PRODUCT.
NETALAB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED,
OR THAT ANY NETALAB WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NETALAB FURTHER ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE
DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING
FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF
THE WEBSITE, EITHER ONLINE OR OFFLINE. NETALAB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY NETALAB WEBSITE
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
You agree that NETALAB’s entire liability for all
CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid
to NETALAB in the one (1) month period immediately preceding the incident on which
Your alleged claim is based. This limitation of liability shall apply for
all CLAIMS, regardless of whether NETALAB was aware of or advised in advance of
the possibility of damages or such CLAIMS.
The warranties and representations specifically
set forth in this agreement are the only warranties and representations with respect to this Agreement,
and are in lieu of any and all other warranties, written or oral, express or implied,
that may arise either by agreement between the parties hereto or by operation of
law, including warranties of merchantability and fitness for a particular purpose.
None of these warranties and representations will extend to any third person. Some
jurisdictions do not allow the exclusion of certain warranties, so some of the above
exclusions may not apply to
You.
REPRESENTATIONS;
PRODUCT DISCLAIMERS
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NETALAB is committed to improving the well-being of our customers by providing safe
and effective wellness products made with the highest quality ingredients.
You understand, however, that Our Products have not been evaluated by the Food and
Drug Administration, and Our Products are not intended to diagnose, treat, cure
or prevent any disease. The information on this Website or in emails is designed
for informational purposes only and is not intended to be a substitute for informed
medical advice or care.
You understand that You should not use this information to diagnose or treat any
health problems or illnesses without consulting Your doctor or physician. You further
understand that this Product is not intended for use by persons under 18 years of
age. You also understand that the Product is not intended or to be used to
treat any type of medical condition such as obesity. You agree that You either have
consulted, or will consult, with a physician or doctor before using any of Our Products,
particularly if You suffer from any medical condition including, but not limited
to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes,
anemia, depression, anxiety, other psychiatric conditions, a family history of these
or other medical conditions, or if taking any prescription, OTC and/or other herbal
medications, and You agree that you will cease immediately from taking or using
Our Products if You experience any ill effects or unintended side effects of any
Product.
NETALAB endeavors to provide
You with accurate information about Our Products. You
understand and agree that the information NETALAB conveys about or Products and/or
the efficacy of Our Products, is obtained from independent third parties such as
news agencies, scientific reports, and scientific / research entities (“Third Parties”).
NETALAB does not warrant or represent that such information is error-free, and NETALAB
does not represent or endorse any Third Parties or the methods that they use to
arrive at their conclusions. All Product specifications, performance data, and other
information on the Website is for informational and illustrative purposes only,
and do not constitute a guarantee or representation that the Products will conform
to such specifications or performance data.
NETALAB does not warrant or represent that Our Products will provide
You with any particular benefits, or that Your results will
match those of others who consume Our Products. Individual results will vary
from person to person, and are dependent on factors including age, weight, diet,
and exercise regimen.
By using the Website, You agree to comply with all applicable laws and regulations
of the United States. The material provided on the Website is protected by law including,
but not limited to, United States copyright and trademark law and international
treaties. NETALAB makes no representation that materials contained in the Website
are appropriate or available for use in other locations and access to them from
territories where their contents are illegal is prohibited. Those who choose to
access the Website from other locations outside the United States do so at their
own initiative and are responsible for compliance with applicable local laws.
YOUR REPRESENTATIONS
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You hereby represent and warrant that You are age eighteen (18) or older, that You
have read this Agreement and thoroughly understand the terms contained in this Agreement,
that any Products You purchase from the Website will be used for Your personal,
non-commercial use, and that You will not re-sell, re-distribute or export any Product
that You order from the Website. You further represent that NETALAB has the
right to rely upon all information provided to NETALAB by
You,
and NETALAB may contact You by email, telephone or postal mail for any purpose,
including but not limited to (i) follow-up calls, (ii) customer
satisfaction surveys, and (iii) inquiries about any orders You placed, or considered
placing, at or through the Website.
INTELLECTUAL PROPERTY
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The Website and all of its contents including, but not
limited to, articles, other text, photographs, illustrations, graphics, product
names, designs, logos, and the collection, arrangement, and assembly of all content
(collectively, “the Intellectual Property”) are protected by copyright, trademark,
and other laws of the United States, as well as international conventions and the
laws of other countries. The Intellectual Property is the exclusive property of
NETALAB or its licensors. No license or ownership rights in or to any of the
Intellectual Property are conveyed to
You
by virtue of this Agreement or by Your purchase of any Product from the Website.
The Intellectual Property is protected by the copyright and trademark laws of the
United States. Unless otherwise permitted by law, none of the Intellectual
Property may be reproduced by You without NETALAB’s prior written
permission.
WEBSITE USER CONDUCT AND RESTRICTIONS
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You must be 18 years of age or older to access Our Website. As a user of the Website,
You agree that in connection with Your use of the Website and the content
You will not:
Upload, post, email, or otherwise transmit any content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic,
libelous, invasive of anyone's privacy, hateful, or racially, ethnically, or otherwise
objectionable;
Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner
while using Our service or Website;
Use the Website for any unlawful purpose;
Upload, post, email, or otherwise transmit any content that You do not have a right
to transmit under any law or under contractual or fiduciary relationships (such
as inside information, proprietary, and confidential information learned or disclosed
as part of employment relationships or under non-disclosure agreements);
Upload, post, email, or otherwise transmit any content that infringes any patent,
trademark, trade secret, copyright, or other intellectual property right of any
party;
Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation;
Upload, post, email, 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 or hardware or telecommunications
equipment;
Interfere with or disrupt the Website, the services, the content or servers or networks
connected to the Website, the services or the content, or disobey any requirements,
procedures, policies, or regulations of networks connected to the Website, the services,
and/or the content, the terms of which are incorporated herein;
Intentionally or unintentionally violate any applicable local, state, national,
or international law.
Without the express prior written authorization of NETALAB, You may not:
Duplicate the Website (except as expressly provided elsewhere in this Agreement
or as permitted by law);
Create derivative works based on the Website or
any of the Intellectual Property;
Remove any copyright or other proprietary notices from the Website or any of the
Intellectual Property contained therein;
Frame or utilize any framing techniques in connection with the Website or any of
the Intellectual Property;
Use any meta-tags or any other “hidden text” using the Website’s name or marks;
“Deep-link” to any page of the Website;
Circumvent any encryption or other security tools used anywhere on the Website (including
the theft of user names and passwords or using another person’s user name and password
in order to gain access to a restricted area of the Website);
Use any data mining, bots, or similar data gathering and extraction tools on the
Website;
Use any device, software or routine to bypass any operational element or to interfere,
or attempt to interfere, with the proper working of the Website, server or activities
conducted therein; or,
Take any action that imposes an unreasonable or disproportionately large load on
the Website or its network infrastructure.
TERMINATION OF AGREEMENT
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This Agreement shall remain in force as long as
You
access the Website, use any functions or features of the Website, or order anything
from the Website. NETALAB reserves the right to terminate this Agreement without
notice and/or refuse to sell to anyone who NETALAB believes, in Our sole discretion,
(i) has violated any of the terms of this Agreement, (ii) is
abusing the Products or the services NETALAB provides, or (iii) is unable to provide
Us with sufficient information to allow Us to properly identify the customer’s real
name, address, or other contact information.
NOTICE
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Any notice required to be given under this Agreement to
You
may be provided to You by postal mail or by email. If notice is sent by email,
such notice shall be sent to the last known email address that
You provided to Us, and shall be deemed delivered once sent.
Notices by customers to NETALAB must be sent in writing to the following address:
NetaLab, Inc., 940 Lincoln Road, Suite 215, Miami Beach, FL 33139.
NETALAB’s various contact information is listed below:
|
Warehouse |
US Corporate |
UK Headquarters |
|
NETALAB, Inc |
NETALAB, Inc |
NETALAB Research,
LTD
|
LINKS
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The Website may provide links to other World Wide Web sites or resources. NETALAB
has not reviewed these websites and is not responsible for the accuracy, content,
privacy policies or availability of information found on websites that link to or
from any NETALAB Website. NETALAB cannot ensure that
You
will be satisfied with any products or services that You purchase from a third-party
site that links to or from any NETALAB Website or third-party content on our sites.
NETALAB does not endorse any of the merchandise, nor has NETALAB taken any steps
to confirm the accuracy or reliability of any of the information contained in such
third-party sites or content. NETALAB does not make any representations or warranties
as to the security of any information (including, without limitation, credit card
and other personal information) You might be requested to give any third party,
and You hereby irrevocably waive any claim against NETALAB with respect to such
sites and third-party content. NETALAB strongly encourages
You
to make whatever investigation You feel necessary or appropriate before proceeding
with any online or offline transaction with any of these third parties. Neither
NETALAB nor its affiliates, officers, directors, shareholders, employees, independent
contractors, telecommunications providers, or agents shall be liable for any damages,
including but not limited to direct, indirect, incidental, consequential, or punitive
damages arising out of your use of third-party material or third-party sites that
are linked to this Website. No link to the Website may be framed to the extent that
such frame contains any sponsorship, advertising, or other commercial text or graphics.
All links to the Website must be to www.dermacai.com. Deep linking to internal pages
of this Website is expressly prohibited without prior written consent from NETALAB.
FORCE MAJEURE
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NETALAB shall not be responsible for any failure to perform due to unforeseen circumstances
or to causes beyond Our reasonable control, including but not limited to: acts of
God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural
disasters; war, riot, arson, embargoes, acts of civil or military authority, or
terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor
or materials; failure of the telecommunications or information services infrastructure;
hacking, SPAM, or any failure of a computer, server or software, for so long as
such event continues to delay NETALAB’s performance.
INDEMNITY
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You agree to defend, indemnify, and hold harmless NETALAB,
its affiliates, officers, directors, shareholders, employees, independent contractors,
telecommunications providers, and agents, from and against any and all claims, actions,
loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable
legal and accounting fees, which are not limited to Florida’s Statewide Uniform
Guidelines For Taxation of Costs in Civil Actions, for all damages directly, indirectly,
and/or consequentially resulting or allegedly resulting from Your use, misuse, or
inability to use the Website, or Your breach of any of these terms and conditions
of this Agreement. NETALAB shall promptly notify
You by electronic mail of any such claim or suit, and cooperate
fully (at Your expense) in the defense of such claim or suit. If NETALAB does not
hear from You promptly, NETALAB reserves the right to defend such claim
or suit and seek full recompense from You.
DISPUTE RESOLUTION BY BINDING ARBITRATION
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We Each agree To First Contact Each Other With Any Disputes
We each agree to first contact each other with any disputes and provide a written
description of the problem, all relevant documents/information, and the proposed
resolution. You agree to contact Us with disputes
by calling Us at 1-866-437-0122 or writing to Us at
NetaLab,
inc., 940 Lincoln Road, Suite 215, Miami Beach, FL 33139. NETALAB will contact
You by letter to Your billing address You provided Us.
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes
We each agree to finally settle all disputes (as defined and subject to any specific
exceptions below) only by arbitration. In arbitration, there is no judge or
jury and review is limited. However, just as a court would, the arbitrator
must honor the terms and conditions in this Agreement, the Terms of Use, and the
Privacy Statement, and can award the same damages and relief, including any attorney’s
fees authorized by law. The arbitrator’s decision and award is final and binding,
with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on
the award may be entered in any court with jurisdiction. We also each agree
as follows:
“Disputes” are any claims (including the definition of “claims” contained in the
section Limitation of Liability and Disclaimer of Warranty above) or controversies
against each other related in any way to this Agreement, the Terms of Use, the Privacy
Statement, or Your purchase and use of the Product. This includes
claims You bring against Our affiliates, officers, directors, shareholders,
employees, independent contractors, telecommunications providers, or agents or other
representatives, or that NETALAB brings against You.
If either NETALAB or You wants to arbitrate a dispute, We each agree to send written
notice to the other providing a description of the dispute, previous efforts to
resolve the dispute, all supporting documents/information, and the proposed resolution.
Notice to You will be sent to Your billing address
that You provided Us and notice to Us will be sent to:
NetaLab, inc., 940 Lincoln Road, Suite 215, Miami Beach, FL 33139.
We each agree to make attempts to resolve this dispute within forty-five (45) days
of receipt of the notice to arbitrate, then We may submit the dispute to
formal arbitration.
The FAA applies to this Agreement and arbitration provision. We each agree
that the FAA’s provisions, not state law, govern all questions of whether a dispute
is subject to arbitration.
The arbitration will be administered by the National Arbitration Forum (“NAF”) under
its arbitration rules. If any NAF rule conflicts with the terms of this Agreement,
the terms of this Agreement apply. You can obtain procedures, rules, and fee
information from the NAF at 1-800-474-2371 or
www.adrforum.com.
Unless We each agree otherwise, the Arbitration will be conducted
by a single neutral arbitrator and will take place in the Miami-Dade County.
The federal or state law that applies to the Agreement will also apply during the
Arbitration.
We each agree not to pursue arbitration on a consolidated or
classwide
basis. We each agree that any arbitration will be solely between
You and NETALAB (not brought on behalf of or together with another
individual’s claim). If for any reason any court or arbitrator hold that this
restriction in unconscionable or unenforceable, then this agreement to arbitrate
does not apply and the dispute must be brought in court.
We each are responsible for our own costs relating to counsel, experts, and witnesses,
as well as any other costs relating to the arbitration. However, NETALAB will
cover any arbitration administrative or filing fee above: (a) $25 if You are seeking
less than $1,000 from NETALAB; or (b) the equivalent court filing fees for a court
action in the appropriate jurisdiction if you are seeking $1,000 or more from us.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED
OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER
PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE
ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT,
ARBITRATION, OR OTHER PROCEEDING.
GOVERNING LAW
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You agree that this Agreement and any issue or dispute arising out of or otherwise
related to this Agreement or with Your use of our Website, Intellectual Property,
the Terms of Use, the Privacy Statement, or any matter concerning NETALAB shall
be governed exclusively by the laws of the State of Florida, excluding its conflict
of law provisions.
SEVERABILITY
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If for any reason a court of competent jurisdiction finds any provision of this
Agreement, the Terms of Use, the Privacy Statement, or any portion thereof, to be
invalid or unenforceable, that provision will be enforced to the maximum extent
permissible and the remainder of the Agreement, the Terms of Use, and the Privacy
Statement will continue in full force and effect.
NO WAIVER
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No waiver of or by NETALAB shall be deemed a waiver of any subsequent default of
the same provision of this Agreement. If any term, clause or provision hereof
is held invalid or unenforceable by a court of competent jurisdiction, such invalidity
shall not affect the validity or operation of any other term, clause or provision
and such invalid term, clause or provision shall be deemed to be severed from this
Agreement.
HEADINGS
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All headings are solely for the convenience of reference and shall not affect the
meaning, construction or effect of this Agreement.
COMPLETE AGREEMENT
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This Agreement constitutes the entire agreement between the parties with respect
to Your access and use of the Website and Your ordering and use
of the Products, and supersedes and replaces all prior understandings or agreements,
written or oral, regarding such subject matters.
MODIFICATIONS OF AGREEMENT
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NETALAB reserves the right to change any of the provisions posted herein and
You agree to review these terms and conditions each time
You visit the Website. Your continued use of the Website following the posting of
any changes to these terms and conditions constitutes
Your
acceptance of such changes. NETALAB does not and will not assume any obligation
to provide You with notice of any change to this document. Unless accepted
by NETALAB in writing, these terms and conditions may not be amended by
You