INFORMATION COVERED BY THIS TERMS AND CONDITIONS POLICY
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (collectively with any amendments, “TERMS AND CONDITIONS“) BEFORE PLACING AN ORDER OR USING THIS WEBSITE. THIS WEBSITE IS OWNED AND OPERATED BY Ellison-Grey Laboratories (collectively “Ellison-Grey Laboratories”, “US”, “WE” or “OUR”). THE TERMS AND CONDITIONS MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION.
BY USING THIS WEB SITE OR ANY WEB SITE OF Ellison-Grey Laboratories PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR Ellison-Grey Laboratories’S PRODUCTS AND SERVICES.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE Ellison-Grey Laboratories PRODUCTS OR SERVICES.
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Your continued use of the Sites and/or other products or services of Ellison-Grey Laboratories after any such changes constitutes your acceptance of the new Terms and Conditions. Any updates or amendments will be posted on the Sites. The Terms and Conditions displayed on the Sites at the time the order is accepted will apply to the order.
These Terms and Conditions govern and apply to your (“you” or “your“) access to and use of the Site and any related ANY product website that is directly connected to Ellison-Grey Laboratories product or services on which these Terms and Conditions appear, any order you place through any of the Sites, and to all products and services we supply, produce, distribute, or market.
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 business 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 we make a change to or cancel an order, we will 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 unauthorized resellers or distributors.
[The wording below that is in all capital letters should be in all capital letters based upon the opinions of the New York Attorney General and United States Federal Trade Commission rules]. The user of this site agrees that the use of this site is undertaken at their own risk. No warranties are made by the company, its subsidiaries, its agents, or any of its employees or officers that the site will operate error-free or without interruption. No warranties are made as to the accuracy of the information on the site.THIS SITE, ITS CONTENT AND ANY MERCHANDISE CONTAINED THEREIN ARE PRESENTED “AS IS,” NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ARE MADE BY THE COMPLAINANT, ITS AGENTS, AFFILIATES, EMPLOYEES OR OFFICERS, TO THE FULL EXTENT PERMISSIBLE BY FEDERAL, STATE AND LOCAL LAW, THE COMPANY DISCLAIMS ALL WARRANTIES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO ANY INJURY OR LOSS, CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM THE USE OF THIS SITE.
Waiver Of Class Action Rights
Modification Of Terms
Limitations On Liability
If any provision of these Terms and Conditions, or part thereof, shall be deemed invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision, or part thereof, shall be deemed severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions or part thereof.
The terms of this section survive any termination of the Terms and Conditions.
DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
Disputes. The terms of this Section shall apply to all Disputes between you and Ellison-Grey Laboratories. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Ellison-Grey Laboratories arising under or relating to the Products, the Sites, this Agreement, or any other transaction involving you and Ellison-Grey Laboratories, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND Ellison-Grey Laboratories AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR Ellison-Grey Laboratories FOR (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT INFRINGEMENT OR MISUSE, AND (D) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in this Agreement, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
Binding Arbitration. You and Ellison-Grey Laboratories further agree: (a) to arbitrate all Disputes between the parties pursuant to the provisions in this Agreement; (b) this Agreement memorializes a transaction in interstate commerce; (c) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (d) this Section shall survive termination of this Agreement. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
Dispute Notice. In the event of a Dispute, you or Ellison-Grey Laboratories must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”).
The Dispute Notice to Ellison-Grey Laboratories must be addressed to: Ellison-Grey Laboratories, 80 Red Schoolhouse Rd, Building 109, Chestnut Ridge, NY 10977, U.S.A., Attn.: Chief Legal Officer (the “Ellison-Grey Laboratories Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Ellison-Grey Laboratories and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Ellison-Grey Laboratories may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND Ellison-Grey Laboratories AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be governed by the rules of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”), available at https://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this Agreement, except that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims.
If there is a conflict between the JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Agreement. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (a) trade secret misappropriation, (b) patent infringement, (c) copyright infringement or misuse, or (d) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in The State of New York at your option.
(a) Initiation of Arbitration Proceeding. If either you or Ellison-Grey Laboratories decide to arbitrate a Dispute, we agree to the following procedure:
(i) Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at https://www.jamsadr.com (“Demand for Arbitration”).
(ii) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to:
620 Eighth Ave
New York, NY 10018
(iii) Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.
(b) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Ellison-Grey Laboratories or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Ellison-Grey Laboratories is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
(c) Arbitration Fees. Ellison-Grey Laboratories shall pay, or (if applicable) reimburse you for, all JAMS filing, administration, and arbitrator fees for any arbitration commenced (by you or Ellison-Grey Laboratories ) pursuant to provisions of this Agreement.
Amendments to this Section. Notwithstanding any provision in this Agreement to the contrary, you and Ellison-Grey Laboratories agree that if Ellison-Grey Laboratories makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Ellison-Grey Laboratories address) in this Agreement, Ellison-Grey Laboratories will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments.
If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in this current Agreement, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of the Terms and Conditions.
Questions Or Additional Information
Product Resale Prohibited
Money Back Guarantee
Mail the package via certified mail within 10 days after receiving your return order number (this is strictly enforced) to the address provided.