TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU
  • (A) DO NOT AGREE TO THESE TERMS;
  • (B) ARE NOT THE OLDER OF
    • (i) AT LEAST 18 YEARS OF AGE, OR
    • (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH NEXT SCIENCE, LLC; OR
  • (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of products through www.orders.nextscience.com (the “Site”). These Terms are subject to change by Next Science, LLC (referred to as “Next Science,” “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. For purposes of these Terms, the term “you” refers to the customer. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product that is available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site (see Section 8).

2. Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion, and we reserve the right to cancel any order. After receiving your order, we will send you a confirmation email with your order number and details of the order. Acceptance of your order and the formation of the contract of sale between Next Science and you will not take place unless and until we send your order confirmation email. You may cancel your order at any time before we send your order confirmation email by calling our Customer Service Department at 1-855-968-6399.
3. Prices and Payment Terms.
  • (a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and is indicated in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
  • (b) Terms of payment are within our sole discretion and unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept all major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable shipping fees and taxes, if any.
If Next Science has agreed in writing to extend credit to you, invoices are payable within thirty (30) days from the invoice date. We may charge a late payment penalty of 1.5% per month on undisputed amounts, or the maximum rate permitted by law, whichever is less. Without waiving any other rights or remedies, we may refuse additional orders and suspend any services until all overdue amounts are paid in full.
4. Shipments; Delivery; Title and Risk of Loss.
  • (a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation email.
  • (b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments, nor any loss, shortage, breakage or leakage of product during transportation.
5. Returns and Refunds.
Except for any products designated on the Site as non- returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such products are returned in their original condition with no evidence of tampering. To return products, you must call 1-855-968-6399 or email our Returns Department at cs@nextscience.com to obtain a Return Authorization (“RA”) number before shipping your product. No returns of any type will be accepted without an RA number.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment and therefore we strongly recommend that you use a carrier that can provide you with proof of delivery for your protection.

Refunds are processed within approximately ten business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE OR ANY PRODUCT ON WHICH THE SEAL HAS BEEN BROKEN IN ANY WAY OR OTHERWISE SHOWS EVIDENCE OF TAMPERING WITH OR USE OF THE PRODUCT.
6. Warranties.
OTHER THAN AS PROVIDED HEREIN AND ANY WARRANTY PROVIDED ON THE LABELING, PACKAGING OR PACKAGE INSERT FOR THE PRODUCT: (A) YOUR PURCHASE IS AT YOUR SOLE RISK; (B) THE PRODUCT IS PURCHASED AS-IS; AND (C) WE MAKE NO OTHER WARRANTIES WITH RESPECT TO OUR PRODUCTS.

WE WARRANT THAT, AT THE TIME OF SHIPPING, PRODUCTS WILL, IN ALL MATERIAL RESPECTS BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.

ALL OTHER WARRANTIES, REPRESENTATIONS, TERMS AND CONDITION (STATUTORY, EXPRESS, IMPLIED OR OTHERWISE) AS TO QUALITY, CONDITION, DESCRIPTION, MERCHANTABILITY, FITNESS FOR PURPOSE (OTHER THAN FOR THE APPROVED USE INDICATED ON THE LABELING, PACKAGING OR PACKAGE INSERT) OR NON-INFRINGEMENT (EXCEPT FOR THE IMPLIED WARRANTY OF TITLE) ARE HEREBY EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEXT SCIENCE HEREBY EXPRESSLY DISCLAIMS, AND BUYER HEREBY EXPRESSLY WAIVES, ANY WARRANTY REGARDING RESULTS OBTAINED THROUGH THE USE OF THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF INACCURATE, INVALID OR INCOMPLETE RESULTS.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT OR AS OTHERWISE STATED ON THE LABELING, PACKAGING OR PACKAGE INSERT FOR THE PRODUCT, AND IS LIMITED TO THE WARRANTY PERIOD (defined below). NO PERFORMANCE OR OTHER CONDUCT, ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
  • (a) Who May Use This Warranty?

    This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the product.
  • (b) What Does This Warranty Cover?

    This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products purchased from the Site.
  • (c) What Does This Warranty Not Cover?

    This limited warranty does not cover any damages due to:
    • (i) transportation;
    • (ii) storage;
    • (iii) improper use, including any use other than the approved use set forth on the product labeling, packaging and package insert;
    • (iv) failure to follow the product instructions;
    • (v) modifications;
    • (vi) combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Next Science; or
    • (vii) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
  • (d) What is the Period of Coverage?

    This limited warranty starts on the date of your purchase and lasts until the stated expiration date set forth in the documentation provided with the product (the “Warranty Period”). The Warranty Period is not extended if we replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
  • (e) What Are Your Remedies Under This Warranty?

    With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) replace such products (or the defective part) free of charge; or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the replacement product to you if we elect to replace the defective products.
  • (f) How Do You Obtain Warranty Service?

    To obtain warranty service, you must call 1-855-968-6399 or email our Customer Service Department at cs@nextscience.com during the Warranty Period to obtain an RA number. No warranty service will be provided without an RA number.
  • (g) Limitation of Liability

    Either party shall defend, indemnify, and hold harmless the other from and against any and all damages incurred or suffered by such indemnified party arising, directly or indirectly, from any third party claims related to: (i) the breach by the indemnifying party of any of its covenants, agreements, representations, warranties or other obligations in these Terms; or (ii) fraud, gross negligence or intentional misconduct by the indemnifying party or its representatives in connection with these Terms.

    In addition, you shall defend, indemnify, and hold harmless Next Science and its affiliates, and their respective representatives, from and against any and all damages incurred or suffered by Next Science or such persons arising, directly or indirectly, from: (i) any claim that your use of the products infringes the intellectual property rights of any third party; (ii) medical diagnosis or treatment decisions; and/or (iii) use of the product in a manner or environment, or for any purpose, for which Next Science did not design it, or in violation of Next Science’s written recommendations or instructions.

    Notwithstanding any other term of this section, the indemnifying party shall not be liable for damages caused by the indemnified party. Neither party will be responsible for any settlement of a suit or proceeding made without its prior written approval.

    IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND HOWEVER CAUSED (INCLUDING FAULT OR NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, INCLUDING THE SALE, INSTALLATION, USE OR INABILITY TO USE ANY PRODUCT, INCLUDING WITHOUT LIMITATION, DATA LOSS, LOSS OF PROFITS, GOODWILL OR BUSINESS INTERRUPTION.

    THE TOTAL LIABILITY OF NEXT SCIENCE ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR THE PRODUCTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE SHALL, TO THE EXTENT PERMITTED BY APPLICABLE LAW, BE LIMITED TO DAMAGES IN THE AMOUNT EQUAL TO THE AMOUNT PAID TO NEXT SCIENCE UNDER THESE TERMS.

    THE ABOVE LIMITATION AND THE LIMITED WARRANTY SET FORTH HEREIN SHALL NOT BE CONSTRUED TO REDUCE OR LIMIT ANY WARRANTY PROVIDED ON THE LABELING, PACKAGING OR PACKAGE INSERT FOR THE PRODUCT WITH RESPECT TO THE SAFETY OR EFFICACY OF THE PRODUCT WHEN USED IN STRICT ACCORDANCE WITH LABELING DIRECTIONS.
  • (h) What can you do in case of a dispute with us?

    The informal dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
7. Product Recalls.
You agree to fully cooperate in implementing any recall or withdrawal of Product deemed necessary by us. We will notify you in the event of a product recall or withdrawal and will provide instructions on how to assist in returning all affected product.
8. Export Regulations
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. Among other things, these laws and regulations prohibit or require a license for the export of certain types of commodities and technical data to specified countries. Products purchased from the Site may be controlled for export purposes by export regulations, including, but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”). You agree and bear sole responsibility for any violation of such laws and regulations by you, and that you will indemnify, defend, and hold Next Science harmless for the consequences of any such violation.
9. Privacy.
We respect your privacy and are committed to protecting it. Our Privacy Policy, available at www.orders.nextscience.com, governs the processing of all personal data collected from you in connection with your purchase of products through the Site.
10. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
12. Dispute Resolution and Binding Arbitration.
  • (a) YOU AND NEXT SCIENCE AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

    ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
  • (b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 11. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
  • (c) You agree to an arbitration on an individual basis. In any dispute,
    NEITHER YOU NOR NEXT SCIENCE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
    The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
13. Assignment.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Next Science.
15. No Third Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
16. Notices.
  • (a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
  • (b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to 1-855-968-6399; or (ii) by personal delivery, overnight courier or registered or certified mail to Next Science, 10550 Deerwood Park Boulevard, Suite 300, Jacksonville, Florida 32256. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
17. Severability.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. 18. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
17. Entire Engagement.
Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreemen between you and us on the matters contained in these Terms.

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