INFORMATION
Returns and Refunds:
All Sales are final. No returns or refunds. We are available for consultation to ensure you get the best results from our line of products. You may be required to provide us with appropriate data for consultation analysis.
Return on Investment (ROI) Analysis – Micronomix will normally pay for itself in reduced costs from your current protocol budget. We can prepare a return on investment analysis for your operation at your request.
Privacy Policy:
We do not sell your contact information and do not share your private (non-public) contact information with third parties unless authorized to do so.
Terms and Conditions:
Confidentiality:
We maintain information about your business operations confidential for the purpose of our mutual business relationship and do not disclose it to unauthorized third parties.
Confidential information should be designated “confidential” or “proprietary” when disclosed to us.
Confidential Information shall not include information (a) already rightfully and lawfully known to either party at the time of receipt thereof from the other; (b) that was readily available to the general public at the time of receipt thereof from the other; (c) that subsequently becomes known to the general public through lawful means and no fault or omission on the part of the party receiving such information; (d) that is subsequently disclosed by a third party which has a bona fide and legal right to make such disclosure; or (e) that is required to be disclosed by a court of competent jurisdiction or other governmental authority or pursuant to applicable law, provided that the receiving party shall give prompt notice to the disclosing party prior to any such disclosure and reasonably assist the disclosing party in seeking a protective order.
Warranty of Products:
Supplier provides no warranties, expressed or implied, as it relates to the Products, Products’ performance, or any other use or issue involving the Products and hereby expressly disclaims any warranties, express or implied, with respect thereto.
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General Disclaimers:
EXCEPT AS IT PERTAINS TO THE REPRESENTATION MADE BY SUPPLIER ON ITS LABEL, SUPPLIER DOES NOT WARRANT THAT THE PRODUCTS OR CONTENT WILL BE ERROR-FREE OR THAT ANY OF THE PRODUCTS WILL MEET CLIENT’S SPECIFICATIONS OR REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING SAME. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, SUPPLIER SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, THE DOCUMENTATION, THE CONT ENT, AND/OR ANY MATERIALS OR SERVICES FURNISHED TO CLIENT, WHETHER EXPRESS, IMPLIED , STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE PRODUCTS, DOCUMENTATION, CONTENT, OR SERVICES PROVIDED HEREUNDER.
Limitation of Liability:
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SUPPLIER, ITS AFFILIATES, OR ANY OF ITS SUBCONTRACTORS ARISING OUT OF OR IN CONNECTION WITH THE SALE OF PRODUCTS EXCEED THE AMOUNT PAID BY CLIENT TO SUPPLIER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING A CLAIM GIVING RISE TO LIABILITY.
IN NO EVENT SHALL SUPPLIER, ITS AFFILIATES, OR ANY OF ITS SUBCONTRACTORS BE LIABLE FOR ANY LOST PROFITS OR REVENUES, LOSS OF DATA OR OPPORTUNITIES, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY OTHER SPECIAL, CONS EQUENTIAL, RELIANCE, INCIDENTAL, PUNITIVE, OR INDIRECT
DAMAGES ARISING OUT OF THE USE OF MICRONOMIX PRODUCTS WHETHER UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT SUPPLIER, ITS AFFILIATES, OR ANY OF ITS SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. T H E S E
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Applicable Law, Jurisdiction and Venue:
All matters arising out of or relating to our relationship shall be governed by the substantive laws of the State of Florida, without reference to its conflict of laws principles.
Any action of any kind by any party against another party may only be brought in the state and federal courts of competent jurisdiction of Marion County, State of Florida, and the parties hereby submit to the exclusive jurisdiction and venue of such courts for such purposes.
Notice:
Any notice required or permitted to be sent hereunder shall be in writing and shall be sent in a manner requiring a signed receipt. Notice is effective upon receipt.
Force Majeure:
Micronomix® shall not be deemed in default of their obligations hereunder to the extent that performance of their obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, act of government, shortages of materials or supplies, or any other cause beyond the control of Micronomix. Micronmix will give written notice thereof promptly and use its best efforts to cure the delay unless Micronmix decides, in its sole and absolute discretion, to terminate the sale and refund buyer.