This website is operated by hBARSCI. Throughout the site, the terms “we”, “us” and “our” refer to hBARSCI. hBARSCI offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, clicking on an “Accept” button, registering for an account, and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access our site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - USE RESTRICTIONS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our Service or products for any illegal or unauthorized purpose nor may you, in the use of the Service or any product, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of right to use the Service.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on our site through which the service is provided, without express written permission by us.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRODUCT PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service and our product offerings (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS
Certain products may be available for purchase online through our site. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have tried to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, with or without prior notice, to do any one or more of the following: (i) limit the sales of our products to any person, geographic region or jurisdiction; (i) limit the available quantity of or discontinue any product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all order(s); and (iv) refuse to provide any user with any product or service. We may exercise these rights on a case-by-case basis.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Notwithstanding anything to the contrary, the following terms and conditions apply to all clearance sale or clearance-priced products: (i) products are available in limited quantities on a first come, first serve basis, and pricing is not applicable to substituted items; (ii) additional discounts cannot be combined with clearance sale pricing; (iii) all sales are final, and we will not accept returns for any reason; (iv) sales are limited to the United States; (v) we reserve the right to modify or terminate the promotion at any time; and (vi) products are provided “as is”, with all faults, without warranty of any kind.
Subject to the limited product warranty contained in these Terms and except as permitted under the Return Policy, all sales of products will be final. Where we authorize return of hazardous materials, you shall pack and label each return shipment of hazardous materials in accordance with applicable laws and regulations applying to transportation of hazardous materials and provide shipping documents that comply with applicable laws and regulations. All returned products are subject to our inspection and acceptance. Title and risk of loss in returned products will transfer to us only upon our acceptance of the products. For more details, please review our Return Policy.
Use of Products
All product purchases will be governed by these Terms, and any additional or inconsistent terms and conditions are expressly rejected. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws and regulations (including minimum age requirements, customs and export control laws and restrictions) in regard to the receipt, possession, use, and sale of any item purchased from this site. By placing an order, you represent and warrant that you are not prohibited by law from purchasing the products ordered, and the products ordered will be used only in a lawful manner.
You further represent and warrant that you are familiar with the characteristics, qualities and uses of the products that you purchase from us and acknowledge that there may be hazards associated with the possession and use of the products. You are responsible for instructing and warning all persons who may come into contact with the products regarding such hazards. Unless otherwise expressly stated on the products or in the documentation accompanying the products, the products are intended for educational use only and are not to be used for any other purpose, including, without limitation, unauthorized commercial uses, or any type of consumption by or application to humans or animals, and we do not assume any warranty or liability for such uses. You are solely responsible for conducting all necessary testing and verification, including for fitness for the intended purpose, prior to the use of product(s) purchased from us.
Limited Product Warranty; Limitations
Products and product components from third-party suppliers (“Third-Party Products”) are warranted solely by the applicable manufacturer or licensor, and we shall pass through, to the extent permitted, the manufacturer’s and/or licensor’s warranties. Your use of any Third-Party Products is subject to the terms and conditions of the manufacturer’s and/or licensor’s license terms, including any end user license agreement, in whatever form (e.g., terms packaged with them or “click-through” terms), in addition to these Terms. You acknowledge that we are not the manufacturer of, and (notwithstanding anything to the contrary) have no responsibility or liability for and provide no warranty for, any of Third-Party Products.
We warrant, solely to the original purchaser of such products through our site, that products we manufacture and that bear the hBARSCI manufacturing label (“hBARSCI Products”), will materially conform to our standard specifications in effect on the date of shipment for the shorter of ninety (90) days from the date of delivery or the shelf-life of such product. For clarity, we do not warrant that the quality, safety, efficacy or performance of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products or Service will be corrected.
You must notify us of defective or non-conforming products within the warranty periods specified in the limited product warranty set forth herein or within thirty (30) days after you learn of the facts giving rise to the claim, whichever first occurs, and your failure to give notice of any claim within the applicable time period shall be deemed an absolute and unconditional waiver of such claim. Our liability under this limited product warranty will not extend to any products that are abused, altered, improperly stored, or misused by you or anyone else, or that become defective or non-conforming through the actions or inaction of you or anyone else, including through the combination with other chemicals or products. You will have the obligation of substantiating the chain of custody of products following their delivery to you. We are not responsible for the impact of factors including, without limitation, sanitation, humidity, and operator practices (including, without limitation, misuse, abuse, and/or negligent operation, or unauthorized modifications, adjustments, and/or repairs) on serviced equipment and will not be required to provide the warranty set forth herein on equipment subjected to such factors. All formulae, drawings, illustrations, descriptive matter, and particulars contained on our site, marketing materials, and any technical advice or other statements given by us or our representatives with respect to the use of products or any results that may be obtained therefrom, are indicative only and do not form a part of these Terms and are not representations and warranties of any kind.
At our request, you shall promptly forward to us any allegedly defective or non-conforming product or a representative sample thereof, as specified by us. If any product warranted hereunder proves defective or non-conforming, as determined by us in our sole reasonable discretion, our sole and exclusive obligation and your sole and exclusive remedy hereunder will be for us, at our option, to: (i) replace at no cost to you, any such defective or non-conforming product with a non-defective or conforming product; (ii) in the event a return is authorized, credit your account for all amounts paid with respect to the defective or non-conforming product upon our receipt of, and opportunity to evaluate, the defective or non-conforming product; or (iii) repair or have repaired (including, through re-working or re-processing, as applicable) a defective or non-conforming product. In the event of replacement, the replacement product will be warranted for the remainder of the original warranty period. For purposes of these Terms, a defective or non-conforming product is defined only as a product that does not meet the limited product warranty set forth herein, and excludes products that fail to meet any fitness of use by you or any unusual or unique operating conditions.
You hereby waive any and all actions, claims, suits, and demands of any type whatsoever (including, without limitation, claims based on strict liability, products liability, tort, or contract) against us, our subcontractors, or our agents, or any of our or their respective employees, for personal injury, wrongful death, or property damage arising out of or in any way connected with the Service or your receipt, handling, storage, possession, transportation, disposal, purchase, resale, or use of the products (whether used singly or in combination with other products), except, in the case of hBARSCI Products, to the extent caused by the gross negligence of us, our subcontractors, or our agents, or any of our or their respective employees.
SECTION 6 - BILLING; ACCOUNT INFORMATION; PAYMENTS AND ORDER PROCESS
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You agree to pay all charges that may be incurred by you or on your behalf when purchasing products through our site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. Payment for products shall be remitted at the time of order through our site, in United Stated Dollars, using any of our accepted forms of payment. In addition, you remain responsible for any taxes and other surcharges or third-party fees that may be applicable to your orders.
Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We reserve the right to change or update product information and to correct errors, inaccuracies or omissions at any time without prior notice. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation.
Estimated shipping and/or delivery dates are based on estimates at the time of the order, but are not guaranteed.
Title and risk of loss in all products will transfer to you upon our delivery to our designated carrier or shipping agent at our or our supplier’s facility, as applicable. We are not responsible for shipping. You shall immediately inspect all deliveries for shipping damage upon receipt. In the event of loss or damage in transit, you should file your own claim with the carrier.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through our site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - OWNERSHIP
Except as expressly set forth herein, no right, title or interest in or to our intellectual property or proprietary rights (“Intellectual Property Rights”) is granted by us to you whether by implication, estoppel, or otherwise, and the provision of the Service and sale of products to you hereunder shall have no effect on our Intellectual Property Rights with respect to the Service or the products, including, without limitation, any and all patent, trade secret, copyright, trademark, trade dress, and service mark rights relating to the Service or the products. Without limiting the foregoing, we are and will remain the sole and exclusive owner of all right, title and interest in and to our standard operating procedures, specifications, drawings, descriptions, images, content and designs, including any improvements or other inventions relating thereto. You agree to respect all such rights, and to take or permit to be taken no actions which would infringe upon, misappropriate or violate such rights. You shall not derive or attempt to derive by reverse engineering, disassembling, or otherwise any portion of the Service or the products. As between you and us, all Intellectual Property Rights in and to the Service, the products, or any materials, processes, ideas, concepts, techniques, inventions, discoveries, or improvements produced by us or provided by us under these Terms will be our property. Your interest in and obligations with respect to any Third-Party Products, whether or not obtained with our assistance, will be determined in accordance with the agreements and policies of such third parties.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon, misappropriate, or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service or any products will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service or any products will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products obtained through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, conformity to models or samples, suitability, sustainability, durability, title, and non-infringement, and/or arising from a course of dealing, course of performance or usage of trade.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost business, lost goodwill, lost productivity, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products obtained through the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
OUR TOTAL LIABILITY (INCLUDING OUR SUBCONTRACTORS AND AGENTS), IF ANY, FOR DAMAGES RELATING TO THESE TERMS OR ANY PRODUCT OR SERVICE WILL BE AN AMOUNT EQUAL TO THE PRICE OR FEES PAID FOR THE PARTICULAR PRODUCT(S) IN RESPECT TO WHICH SUCH DAMAGES ARISE, IN NO EVENT TO EXCEED $1,000,000 UNITED STATES DOLLARS. HOWEVER, THIS PROVISION DOES NOT LIMIT OUR LIABILITY THAT CANNOT BE LIMITED BY LAW.
SECTION 15 - INDEMNIFICATION
You shall indemnify, defend, and hold harmless each of us, our subsidiaries, affiliated entities, and divisions, and our and their respective successors, assigns, officers, directors, shareholders, subcontractors, agents, employees, and representatives (each, an “Indemnified Party”) from and against, and in respect of, any and all actions, claims, suits, judgments, damages, liabilities, losses, settlement payments, penalties, costs, and expenses (including, without limitation, attorneys’ fees) of every kind whatsoever arising out of, from, or in connection with your use of the Service, or your purchase, receipt, possession or use of any product obtained through the Service. You may not settle any such claim against an Indemnified Party without the prior written consent of that Indemnified Party. Any legal counsel appointed by you to defend such a claim must be experienced in the type of litigation involved and must be reasonably satisfactory to the Indemnified Party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
We reserve the right, without notice and at our sole discretion, to terminate your account or your use of the site and to block or prevent future access to and use of the site (i) if you violate any of these Terms, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the site will immediately cease and you will remain liable for all amounts due up to and including the date of termination.
You agree that we shall not be liable to you or any third party for any termination of your access to the site. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, course of dealing, usage of trade, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. You may not transfer, assign or delegate your rights or obligations under these Terms or any portion thereof. These Terms will be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns and designees.
SECTION 19 - GOVERNING LAW
These Terms are made pursuant to, and will be construed and enforced exclusively in accordance with, the internal laws of the State of New York (and U.S. federal law, to the extent applicable). Any lawsuit arising from or related to these Terms must be brought exclusively before the U.S. District Court for the Western District of New York or any court sitting in Monroe County, New York. The parties hereby expressly exclude the application of The United Nations Convention on Contracts for the International Sale of Goods to this Agreement, including, without limitation, Article 35(2) thereof. EACH PARTY HERETO EXPRESSLY AND IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM RELATING TO OR ARISING IN ANY WAY FROM THESE TERMS, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THESE TERMS, OR ANY TRANSACTION CONTEMPLATED IN THESE TERMS OR ANY SUCH DOCUMENTS. YOU AND WE EACH ACKNOWLEDGE THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. YOU EXPRESSLY WAIVES ANY OBJECTION THAT YOU MAY HAVE NOW OR LATER TO THE VENUE OR JURISDICTION OF ANY ACTION, INCLUDING, WITHOUT LIMITATION, based upon lack of personal jurisdiction, improper venue, forum non conveniens, or similar grounds. Any action arising under this Agreement, OTHER THAN FOR NON-PAYMENT, must be brought within one (1) year from the date that the cause of action arose.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.