Strict Liability Waiver & Assumption of Risk
01Acknowledgment of the Products
You acknowledge that the products sold by Compoundsarex Labs, Inc. are research-grade chemical compounds that have not been evaluated for human or veterinary use, ingestion, injection, topical application, or any therapeutic, diagnostic, prophylactic, cosmetic, or recreational purpose. They are sold solely for in-vitro laboratory research conducted by qualified personnel.
02No Claims, No Warranties
Compoundsarex Labs, Inc. makes no claims of safety, efficacy, sterility beyond what is stated on the product label, suitability for any particular purpose, or conformity with any pharmacopoeia or compendial standard. The products are sold as is, with all faults.
03Express Assumption of Risk
You expressly, knowingly, and voluntarily assume all risks arising from or in any way connected with your acquisition, possession, transportation, storage, handling, use, transfer, or disposal of any product, including:
- Chemical exposure, contact dermatitis, allergic reaction, or sensitization;
- Risks of reconstitution, dilution, or admixture, including contamination;
- Risks of mislabeling, misidentification, or misuse;
- Unknown short-term and long-term physiological or toxicological effects;
- Risks of regulatory or law-enforcement action against you in your jurisdiction;
- Any other foreseeable or unforeseeable risk inherent in handling an unapproved research compound.
04Strict Liability Waiver
To the fullest extent permitted by law, you waive, release, and discharge Compoundsarex Labs, Inc., its affiliates, officers, directors, employees, and agents (the "Released Parties") from any claim, demand, action, or cause of action sounding in:
- Strict liability (including strict products liability) under any theory of design defect, manufacturing defect, or failure to warn;
- Breach of any implied warranty of merchantability or fitness for a particular purpose;
- Negligence, gross negligence, or negligent misrepresentation, to the maximum extent permitted by law;
- Failure to test, inspect, recall, or notify; and
- Any related theory of recovery in tort, contract, equity, or statute.
05Covenant Not to Sue
You agree never to commence or prosecute any action against any Released Party arising from any matter waived under this document. Breach of this covenant entitles Compoundsarex Labs, Inc. to recover its reasonable attorneys' fees and costs.
06Indemnification
You agree to defend, indemnify, and hold harmless the Released Parties from any third-party claims, demands, suits, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of (a) your acquisition, possession, transfer, or use of any product; (b) your breach of this Waiver, the Terms & Conditions, or the on-entry RUO acknowledgment; or (c) your violation of any law or third-party right.
07Voluntary Execution
You represent that you have read this Waiver in its entirety, understand its content, have had the opportunity to consult with legal counsel of your choosing, and accept it of your own free will, without duress or undue influence.
08Waiver of Unknown Claims
You waive all rights under California Civil Code section 1542 and any analogous statute or principle of common law in any jurisdiction, which provide that a general release does not extend to claims the releasing party does not know to exist at the time of executing the release.
09Survival
The waivers, releases, indemnities, and covenants in this document survive delivery, use, or disposal of the products, and survive any refund or cancellation of an order. They are binding upon you and your heirs, executors, administrators, successors, and assigns.
10Governing Law
This Waiver is governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Any dispute is subject to the binding arbitration clause and class-action waiver in the Terms & Conditions, which are incorporated by reference.
11Severability
If any provision is found invalid or unenforceable, the remainder of this Waiver remains in full force, and the unenforceable provision is reformed to the minimum extent necessary to make it enforceable.