Please read this Agreement carefully. THIS AGREEMENT STARTS WHEN YOU ACCEPT. You accept when you do any of the following things after an opportunity to review this agreement: give us a written or electronic signature; tell us orally or electronically that you accept; open a package or product that says you are accepting by opening it; or using the product after we've told you that such use constitutes acceptance. IF YOU DO NOT WISH TO ACCEPT THESE TERMS, YOU MUST RETURN THE PRODUCT IN ITS ORIGINAL CONDITION WITHIN 30 DAYS AFTER RECEIPT. If you request it, we will credit your account in full for the product, shipping and handling, and your reasonable cost to return.
This Agreement (the “Agreement”) affects your legal rights and remedies and provides that disputes between you and the seller of this product, Biologic Solutions (the “Company”), must be resolved through binding arbitration rather than in a court.
Any claim or dispute between you and Company (or any of Company’s subsidiaries or affiliates) arising out of or relating in any way to the product or this Agreement shall be resolved through final, binding arbitration. This obligation applies regardless of whether the claim or dispute involves a tort, fraud, breach of contract, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Included are all claims arising out of or relating to any aspect of our relationship; claims that may arise after the termination of this Agreement; and claims related to direct marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls.
We each agree that each of us may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the claim or dispute and setting forth the specific relief sought. All Notices to the Company shall be sent to the following address: Biologic Solutions, 2975 Westchester Avenue, Suite 300, Purchase, NY 10577. Upon receipt of such Notice, the other party shall have a thirty-day period in which it may satisfy the claim against it by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of such thirty-day cure period, you or the Company may commence an arbitration proceeding. The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of New York or in the location in which you received this Agreement or in your home state. For any non-frivolous claim that does not exceed $25,000, the Company will pay all costs of the arbitration and will agree to conduct the arbitration through the AAA offices in your home state. For any claim under $10,000, the Company further agrees that any hearings may be held by telephone and that the Company will not seek attorney’s fees in the event the Company prevails. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts and witnesses.
This Agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. Â§ 1 et seq.
If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable. The preceding sentence does not apply to New Jersey residents or transactions.