KATHAROS GENERAL T&C
TERMS & CONDITIONS OF USE AND SALE
Effective Date: May 1, 2026
IMPORTANT: PLEASE READ THESE TERMS & CONDITIONS (“TERMS” AND/OR
“AGREEMENT”) CAREFULLY. THIS AGREEMENT CONTAINS IMPORTANT
PROVISIONS INCLUDING, BUT NOT LIMITED TO, PERMITTED USE OF
RESEARCH CHEMICALS, LIMITATIONS OF LIABILITY, PAYMENT AND
CHARGEBACK RULES, A BINDING ARBITRATION AGREEMENT, AND A CLASS
ACTION WAIVER.
Welcome to Katharos Laboratories, Inc. (“Katharos”, “we”, “us”, or “our). By accessing or using
our website www.katharoslab.com (including any subdomains)(the “Website”), creating an
account, or purchasing or using any Product (defined below), you acknowledge that you have
read, understood, and agree to be bound by these Terms on behalf of yourself and any entity you
represent. If you do not agree, you must not use the Website or purchase or use any Product from
Katharos.
These Terms are intended as a general template and may not reflect all applicable legal
requirements in your jurisdiction. We strongly recommend that you obtain independent legal
advice before relying on and agreeing to these Terms.
PARTIES, SCOPE & ACCEPTANCE
These Terms are between: (i) Katharos Laboratories, Inc.; and; (ii) each user of the Website
and/or purchaser or user of any product or services ( “you” or “your”).
These Terms govern: (i) your access to and use of the Website and any related services, content,
or features offered through it (collectively “Services”); and (ii) your inquiry, ordering, purchase,
receipt, handling, storage, use, transfer, and disposal of any products, materials, or Services
obtained from us (collectively “Products”).
We sell and ship Products only within the United States and its territories. We do not ship
internationally. You must not use any freight forwarding or transshipment service to move
Products outside the United States in violation of these Terms or applicable law.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms
at any time. Material changes will be posted on the Website or otherwise communicated to you.
All changes will be effective immediately upon posting to the Website.
ELIGIBILITY, AGE & CUSTOMER REPRESENTATIONS
You must be at least 21 years old and legally competent to enter contracts. By using the Website
or purchasing Products, you represent and warrant that you meet this requirement.
By placing an order, you represent and warrant that: (i) you are a trained professional or are
acting on behalf of a laboratory, university, company, or other legitimate research institution; (ii)
you and your organization have the expertise, training, and facilities necessary to safely handle
research chemicals, peptides, and related materials including our Products; (iii) you will ensure
that only appropriately trained and authorized personnel have access to Products; and (iv) you
hold and will maintain any federal, state, or local licenses, registrations, permits, or institutional
approvals required for your activities (e.g., DEA registration where applicable, institutional
biosafety approvals, etc.).
All information you provide (account details, shipping and billing addresses, tax exemption
certificates, enduse statements, identity documents, etc.) must be truthful, accurate, and
complete. You must promptly update any changes. We may suspend or terminate your account,
or refuse or cancel orders, if we suspect that information is false, misleading, or incomplete.
We may refuse, restrict, or cancel any order or account, at any time and for any lawful reason,
including suspected misuse, diversion, regulatory risk, fraud, chargeback abuse, or violation of
these Terms.
PRODUCTS FOR RESEARCH USE ONLY; NO MEDICAL USE
All Products sold by Katharos are intended for in-vitro laboratory research purposes only, they
are not intended for human consumption, medical, veterinary, agricultural, pesticidal,
diagnostic, therapeutic, household, or any other non-research purposes.
Products are not intended to be drugs, medications, or pharmaceutical preparations as defined
by the Federal Food, Drug and Cosmetic Act (“FDCA”). Products are not intended to
diagnose, treat, cure, mitigate or prevent any disease or condition. Research chemicals must not
be confused with dietary supplements, drugs, food additives, or any other regulated substances.
All information provided on this Website is for educational purposes only and has not been
evaluated or approved by the U.S. Food and Drug Administration (“FDA”) for any purpose.
Products have not been evaluated, cleared, or approved by FDA or any other regulatory authority
as drugs, medical devices, dietary supplements, foods, cosmetics or biologic products. Products
are not compounded drugs. Katharos is not a “503A” compounding pharmacy, “503B”
outsourcing facility or chemical compounding facility as defined under the FDCA.
BY PURCHASING OR USING ANY PRODUCTS FROM US, YOU AGREE THAT YOU
ARE ACQUIRING RESEARCH CHEMICALS SOLELY FOR QUALIFIED LABORATORY
RESEARCH CONDUCTED BY QUALIFIED PROFESSIONALS. UNDER NO
CIRCUMSTANCES MAY ANY PRODUCT BE ADMINISTERED TO HUMANS OR
ANIMALS, OR USED IN ANY MEDICAL PROCEDURE OR VETERINARY CARE. ANY
SUCH USE IS EXPRESSLY PROHIBITED, ILLEGAL IN MANY JURISDICTIONS, AND
ENTIRELY AT YOUR OWN RISK.
We are committed to providing comprehensive and accurate information regarding our Products,
their proper usage, and safety considerations. We will assist customers by addressing their
inquiries related to product characteristics, specifications, and usage guidelines. However, we
cannot provide guidance, advice, or assistance specific to research activities. We are dedicated to
maintaining the highest ethical standards and providing exceptional customer service. By clearly
stating our non-engagement in research, we aim to ensure transparency, focus on our core
business operations, and meet the needs of our customers effectively.
We encourage customers to consult with appropriate research institutions and professionals
for guidance on their researchprojects.
Continued access to or use of this Website, Products, or Services constitutes your full agreement
to our Terms. Any violation of these Terms, including misuse of Products, will result in
immediate and permanent suspension of access to all Services, with no right of appeal. We
reserve the right to perform due diligence screening upon the information provided to check for
accuracy. We, in our sole discretion, may require further verification of affiliation prior to order
fulfillment.
INFORMATION ON THE WEBSITE AND IN ANY COMMUNICATIONS FROM US IS
PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND
DOES NOT CONSTITUTE MEDICAL, LEGAL, OR REGULATORY ADVICE.
STATEMENTS REGARDING PRODUCTS HAVE NOT BEEN EVALUATED BY THE FDA
AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY
DISEASE. YOU MUST CONSULT YOUR OWN QUALIFIED PROFESSIONALS.
YOU ARE SOLELY RESPONSIBLE FOR: (I) DETERMINING WHETHER A PRODUCT IS
APPROPRIATE FOR YOUR INTENDED RESEARCH; (II) OBTAINING ANY REQUIRED
INSTITUTIONAL OR REGULATORY APPROVALS FOR YOUR RESEARCH; AND (III)
ENSURING ALL USE OF PRODUCTS COMPLIES WITH APPLICABLE LAW AND THESE
TERMS.
REGULATORY & LEGAL COMPLIANCE
You are solely responsible for ensuring that your activities comply with all applicable federal,
state, and local laws and regulations, including, without limitation: (i) FDCA and FDA
regulations; (ii) the Controlled Substances Act and Drug Enforcement Administration
regulations, where applicable; (iii) the Toxic Substances Control Act for chemical substances;
(iv) environmental and hazardous waste regulations (e.g., Resource Conservation and Recovery
Act and corresponding state rules); (v) Occupational Safety and Health
Administration workplace safety regulations, including chemical hazard communication and
laboratory safety; (vi) U.S. Department of Transportation hazardous materials regulations when
shipping or offering hazardous materials for transport; (vii) Federal Trade Commission rules,
including regarding advertising and mail/internet order merchandise; (viii) tax rules administered
by the Internal Revenue Service and state authorities; (ix) antimoneylaundering rules
and FinCEN requirements where applicable; and (x) U.S. exportcontrol and sanctions programs
(e.g., EAR and OFAC regulations).
You may not export, reexport, or transfer Products or related technical information to any
country, person, or enduse prohibited by U.S. law. You represent that: (i) you are not located in,
organized under the laws of, or ordinarily resident in any embargoed or comprehensively
sanctioned country; and (ii) you are not on, and not owned or controlled by any person on, any
U.S. government restrictedparty list.
You must: (i) review and follow all warnings and instructions in Product labels and Safety Data
Sheets where applicable; (ii) provide and enforce suitable personal protective equipment and
safety procedures; and (iii) properly classify, store, handle, and dispose of Products and related
waste, including via licensed hazardouswaste vendors where required.
You acknowledge that labeling Products as “For Research Use Only” does not automatically
exempt them from regulatory oversight. Any misuse, misbranding, or promotional claims
inconsistent with true researchonly intent may cause Products or your activities to become
subject to additional regulations, for which you, not Katharos, are responsible.
ORDERS, PRICING, PAYMENT & AUTHORIZATION
All orders are subject to our acceptance. Product listings, descriptions, and prices on the Website
and other documents are invitations to order, not binding offers. A binding contract is formed
only when we send you an order confirmation or ship the Products.
All prices displayed on this Website are inclusive of applicable taxes unless otherwise stated. By
placing an order, you agree that the total amount charged at checkout includes any required sales,
use, or similar taxes imposed by applicable laws and regulations. We calculate and collect taxes
based on the shipping address provided and in accordance with state and local tax requirements.
In certain jurisdictions where tax collection obligations may vary or are not clearly defined, we
reserve the right to include an estimated tax amount within the listed price. You are solely
responsible for any additional taxes, duties, or governmental fees that may apply to your order
under applicable law. We reserve the right to adjust pricing to reflect changes in tax rates or
applicable laws without prior notice.
We may accept credit and debit cards, ACH/echeck, wire transfers, and other payment methods
as listed at checkout. You authorize us (and our payment processors) to charge your designated
payment method for the full order amount, including taxes and shipping.
By providing a card, you represent and warrant that: (i) you are the authorized cardholder or
have permission from the cardholder; (ii) the card details are accurate and current; and (iii) you
will not dispute, “call back,” or request a chargeback so long as the transaction corresponds to
these Terms and your order as submitted.
By providing bank account information, you authorize us to initiate onetime or recurring debits
(as applicable) in the amount of your order or agreed charges, and you represent that: (i) you are
an authorized signer on the account; and (ii) you will not issue a stop payment, reversal, or
dispute so long as the transaction corresponds to these Terms and your order as submitted.
Once you submit an order and payment is authorized, you may not modify payment details for
that order. If you believe you made an error, you must contact us immediately. We reserve the
right to decline any requested changes.
If any amount you owe is not received when due, we may: (i) assess interest at the maximum rate
allowed by law or, if less, 1.5% per month, until paid in full; (ii) suspend or cancel pending
shipments; and (iii) recover from you all reasonable costs of collection, including attorneys’ fees
and court costs.
CHARGEBACKS, PAYMENT DISPUTES & LIQUIDATED DAMAGES
IF YOU BELIEVE A CHARGE IS UNAUTHORIZED, INCORRECT, OR RELATED TO AN
ISSUE WITH YOUR ORDER, YOU AGREE TO CONTACT US PROMPTLY AND GIVE US
A REASONABLE OPPORTUNITY TO INVESTIGATE AND RESOLVE THE
MATTER BEFORE INITIATING ANY CHARGEBACK OR BANK DISPUTE, TO THE
EXTENT ALLOWED BY YOUR CARDHOLDER/ACH RIGHTS.
A “Chargeback” means any chargeback, reversal, or dispute that: (i) is based on circumstances
allocated to you under these Terms; (ii) misrepresents the facts (for example, stating that you did
not place the order when you in fact did); or (iii) is otherwise initiated in bad faith or in clear
violation of these Terms. If a Chargeback is initiated or sustained, you will be in material breach
of this Agreement.
To the fullest extent permitted by law, if you initiate or cause a Chargeback, you agree that we
shall be entitled to recover from you: (i) the full amount of the disputed transaction(s); (ii)
reasonable liquidated damages relating to the administrative burden, investigation costs,
processor penalties, and harm to our merchant accounts; (iii) all chargeback fees and related bank
or processor fees; (iv) our reasonable attorneys’ fees and costs incurred in contesting the
chargeback or collecting the above amounts; and (v) interest on all of the above at the maximum
rate permitted by applicable law from the date the chargeback was posted until paid in full. These
liquidated damages are intended to be compensatory, not a penalty. If a court or arbitrator
determines that any portion is unenforceable, it shall be reduced to the maximum amount
permitted by law; the remainder shall remain in effect.
You acknowledge that: (i) chargebacks and fraudulent disputes cause significant damages
beyond the face value of the order; (ii) the administrative and reputational costs are difficult to
quantify precisely in each case; and (iii) the liquidated damages framework above is a reasonable
estimate of those losses at the time of contracting.
YOUR ACCESS RIGHTS AND CONDUCT
Subject to these Terms, we grant to you a limited, non-exclusive, non-transferable, freely
revocable right to access the Websites and use the Services as permitted by the features of the
Website solely for your personal, non-commercial use, and only as permitted under these Terms.
We reserve all rights in the Website and the Intellectual Property (as defined below) not
expressly granted to you herein. We reserve the right, in our sole discretion, to deny use of the
Website to anyone, for any reason, and at any time, subject to applicable law.
You may not use the Website or Services on behalf of another individual or seek to obtain
Services for someone other than yourself.
You agree that you are not permitted to, and you will not attempt to: (i) infringe the patent,
trademark, trade secret, copyright, or other intellectual property or other rights of another person;
(ii) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website; (iii) reverse
engineer, disassemble, decompile, or translate any components of the Website, attempt to derive
the source code of any components of the Website, or authorize or assist any third party to do any
of the foregoing; (iv) modify, copy or make derivative works based on any part of the Website or
any underlying software, technology or other information, including any printed materials of the
same; (v) use any robot, spider, or other such programmatic or automatic device, including,
without limitation, automated dial-in or inquiry devices, to obtain information from the Website
or otherwise monitor or copy any portion of the Website; (vi) systematically collect or use any
content from the Website, including through the use of any data mining, or similar data gathering
and extraction methods; (vii) disrupt or interfere in any manner with the operation of the
Websites, or the hardware or network used to operate the Websites, or disobey any requirements,
procedures, policies or regulations of networks connected to the Websites; (viii) allow, enable, or
otherwise support the transmission of unsolicited or unauthorized advertising, junk or bulk email
(SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial
or non-commercial communication; (ix) upload or otherwise spread any software viruses,
worms, time bombs, corrupted files, trojan horses or any other computer code, files, or programs
that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of
any software, hardware, network, server, or communications systems or equipment; (x) attempt
to disable, bypass, modify, defeat, or otherwise circumvent any security related tools
incorporated into the Website; (xi) use any high volume, automated, or electronic means to
access the Website (including, without limitation, robots, spiders or scripts); (xii) create Internet
“links” to or from the Website, or “frame” or “mirror” any content which forms part of the
Website, place pop-up windows over its pages, or otherwise affect the display of its pages; (xiii)
disrupt, interfere with, or inhibit any other person from using the Website or other affiliated or
linked websites, material, contents, products and/or services; (xiv) prepare, compile, use,
download or otherwise copy any user information and/or usage information for any portion
thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to
any third party; or (xv) use the Website to violate any local, state, national or international law,
rule or regulation, or in a manner that is harmful, threatening, harassing, abusive, defamatory,
slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive
of another’s privacy, or racially, ethnically or otherwise offensive, hateful, or abusive, on in any
manner that exceeds the scope your limited access rights granted herein.
If you submit or post any content (e.g., reviews, testimonials, questions, feedback), you: (i) grant
us a worldwide, perpetual, irrevocable, royaltyfree license to use, reproduce, modify, distribute,
and display such content in any media; and (ii) represent and warrant that you have all rights
necessary to grant this license and that your content does not infringe any thirdparty rights or
violate any law.
The software, code, proprietary methods, systems, functionality and content used in the
Websites, without limitation all text, images, video, audio and design, and all names, logos, and
other materials displayed on the Website (collectively, the “Intellectual Property”) are the
exclusive property of Katharos, or third parties with whom we do business. The Intellectual
Property may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered
for sale, or redistributed in any way. You do not have any right to the Intellectual Property, or to
use the Intellectual Property in any way, except the limited right to access the Websites in
accordance with these Terms.
THIRD PARTY CONTENT AND LINKS
The Websites may contain links or references to websites operated by third parties. The provision
of a link or reference to any other website is for your convenience only and does not constitute or
imply that we endorse or recommend such third parties or their websites. We have no control
over, do not review, and cannot be responsible for, third party websites or their content. When
leaving the Websites for a third party website, you should carefully review its applicable terms of
service, including privacy policy. Your access to any other website, and use of any content,
products or Services thereon is at your own risk, and we are not responsible or liable, directly or
indirectly, for any information, content, products or Services relating to any third-party websites,
or for any damages or loss in connection with your use or reliance on such information, content,
products or Services, or the acts or omissions of such websites or their operators.
PRIVACY
The confidentiality and privacy of your information is very important to us. Use of the Website,
Services and purchase of Products is subject to the Privacy Policy. Please see our Privacy Policy,
which explains how we may collect, use, share and disclose your information, which is
incorporated into these Terms.
TERMINATION
You may terminate your Account at any time, for any reason, by sending an email
to customerservice@katharoslab.com.
We may terminate your account and your right to access
the Websites, at any time, for any reason or no reason. We reserve the right to discontinue the
Website with or without notice to you. We will not be liable to you or any third party should we
exercise our right to change or discontinue the Website.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPLICITLY STATED IN A WRITTEN WARRANTY SPECIFIC TO A
PRODUCT, ALL PRODUCTS AND/OR THE WEBSITE ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. KATHAROS EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY,
CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR SYSTEM
INTEGRATION. KATHAROS MAKES NO WARRANTY THAT THE PRODUCT AND/OR
WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES KATHAROS
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE PRODUCTS AND/OR WEBSITE, OR THAT DEFECTS IN THE PRODUCTS
AND/OR WEBSITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT
ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF
THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM
THE USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM KATHAROS OR THE WEBSITE WILL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
RESEARCH MATERIALS INVOLVE INHERENT VARIABILITY AND UNCERTAINTY.
KATHAROS DOES NOT WARRANT THAT ANY PRODUCT, SERVICE OR PROTOCOL
WILL ACHIEVE ANY PARTICULAR SCIENTIFIC, TECHNICAL, OR COMMERCIAL
RESULT IN YOUR SYSTEMS, ASSAYS, OR EXPERIMENTS. ANY HEALTHRELATED
OR SCIENTIFIC INFORMATION ON THE WEBSITE IS GENERAL EDUCATIONAL
INFORMATION ONLY AND MUST NOT BE USED TO DIAGNOSE, TREAT, OR MANAGE
ANY MEDICAL CONDITION.
KATHAROS DOES NOT WARRANT THAT ANY INFORMATION, PICTURES OR
GRAPHIC DEPICTIONS, DESCRIPTIONS OR OTHER CONTENT OF THE WEBSITE ARE
ACCURATE, COMPLETE, RELIABLE, UPDATED, CURRENT, OR ERROR-FREE.
KATHAROS IS NOT RESPONSIBLE FOR THE INTERNET, DATA BANDWIDTH OR
SIGNAL OF YOUR COMPUTER OR MOBILE DEVICE. KATHAROS MAKES NO
REPRESENTATION OR WARRANTY THAT THE PRODUCTS AND/OR WEBSITE ARE
APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED
STATES OR ALL TERRITORIES WITHIN THE UNITED STATES. KATHAROS MAY RELY
ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT AND IN NO EVENT
AND UNDER NO CIRCUMSTANCES SHALL KATHAROS BE HELD LIABLE TO YOU
FOR ANY LIABILITY OR DAMAGES RESULTING FROM OR ARISING OUT OF YOUR
USE OF THE WEBSITE OR YOUR ACCOUNT.
KATHAROS DOES NOT WARRANT THAT THE PRODUCT PACKAGING DEPICTED ON
THE WEBSITE WILL MATCH THE ACTUAL PRODUCT THAT YOU RECEIVE.
LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL
KATHAROS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES,
PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH,
LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR
INABILITY TO USE THE PRODUCT AND/OR SERVICE, INCLUDING ANY
INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY
SERVICES PERFORMED OR PRODUCTS OFFERED BY KATHAROS OR THIRD
PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
KATHAROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KATHAROS’ TOTAL AGGREGATE
LIABILITY ARISING OUT OF OR RELATING TO ANY PRODUCT, SERVICE OR ORDER
SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO KATHAROS FOR
THAT SPECIFIC ORDER. FOR CLAIMS UNRELATED TO A SPECIFIC ORDER,
KATHAROS’ TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED US $100. YOU
ACKNOWLEDGE THAT: (I) THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION
ARE AN ESSENTIAL BASIS OF THE BARGAIN; AND (II) KATHAROS’ PRICING
REFLECTS THIS ALLOCATION OF RISK.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR
CONTENT, SERVICES OR PRODUCTS MUST BE BROUGHT WITHIN ONE (1) YEAR OF
THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY
IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF
SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM
PERMITTED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Katharos, its owners, officers, employees,
attorneys, contractors, and affiliates from and against any and all claims, demands, actions,
damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out
of or related to: (i) your use, handling, storage, transport, or disposal of any Product; (ii) any
breach of these Terms or violation of law by you or anyone acting on your behalf; (iii) any
misuse of Products, including any use in humans or animals, or any unauthorized resale or
diversion; (iv) any thirdparty claim alleging bodily injury, death, property damage, or
environmental harm connected with your use or misuse of Products; and/or (v) any Chargeback
or other fraudulent or abusive payment behavior. We reserve the right to control the defense of
any claim by a third party for which we are entitled to indemnification, and you agree to provide
us with such cooperation as is reasonably requested by us. These indemnification obligations are
not limited by the liability limitations in above and will survive termination of this Agreement.
ARBITRATION AGREEMENT; WAIVER OF TRIAL BY JURY AND WAIVER OF
CLASS ACTION.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION.
YOU AGREE THAT
ALL DISPUTES BETWEEN YOU AND KATHAROS WILL BE RESOLVED BY
MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO
PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY
REQUIRE YOU TO ARBITRATE DISPUTES WITH KATHAROS AND LIMIT THE
MANNER IN WHICH YOU CAN SEEK RELIEF.
Any dispute, claim or controversy of any nature arising out of or relating in any way to the
Products, use of the Website, the Services, these Terms, or this Arbitration Agreement (as
defined below), including without limitation the interpretation, validity, scope, or applicability of
these Terms or the Arbitration Agreement (hereinafter, collectively, the “Dispute”), which cannot
be resolved informally, shall be resolved by binding arbitration on an individual, and not a class
or representative, basis under the terms set forth below (the “Arbitration Agreement”). This
Arbitration Agreement applies to you and Katharos, and to any of our subsidiaries, affiliates,
agents, employees, predecessors in interest, successors in interest, and assigns.
THE PARTIES
UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO
LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE
THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING
INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO
HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL
ARBITRATION.
Disputes where the amount in controversy is less than US$6,000 and filed by you or Katharos
individually in a small claims court are not subject to arbitration, so long as the disputes remain
in such court and advance only an individual (non-class, non-representative) claim for relief. In
the event of any actual, alleged or threatened violation of confidentiality or violation of
Katharos’ or its licensor’s intellectual property or other proprietary rights, Katharos may
immediately resort to court proceedings in a court of competent jurisdiction as set forth below in
order to seek immediate injunctive relief without posting of a bond, proof of damages or other
similar requirement. The institution of any action for injunctive relief shall not constitute a
waiver of the right or obligation of any party to submit any claim seeking relief other than
injunctive relief to arbitration.
You expressly agree that any and all actions taken under the Arbitration Agreement and related
provisions, including but not limited to all filings, orders, judgments, and awards made in any
arbitration proceeding, are confidential and may not be disclosed to any third party, except as
otherwise may be required by law.
The arbitration proceeding will be administered by the American Arbitration Association
(“AAA”) under the AAA’s Commercial Arbitration Rules (the “AAA Rules”) before a single
arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and
binding. Any final award or judgment may be filed and enforced in any court of competent
jurisdiction.
Notwithstanding the foregoing, if the AAA determines that its Consumer Arbitration Rules are
applicable to a particular Dispute, those rules shall apply to the extent required by the AAA,
including with respect to the allocation of arbitration fees and costs. Any arbitration proceeding
may not be consolidated or joined with any other proceeding and will not proceed as a class
action.
The place of arbitration shall be in Sheridan County, Wyoming, unless otherwise agreed to in
writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement
evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C.
§ 1, et seq., as may be amended from time to time, shall govern the interpretation, enforcement
and proceedings pursuant to this Arbitration Agreement. To the extent state law is applicable, the
laws of the State of Wyoming shall apply without regard to conflict of laws provisions.
This Arbitration Agreement provision will survive the termination of these Terms. Except as set
forth in the Section titled Class Action Waiver below, if any portion of this Arbitration
Agreement is deemed invalid or unenforceable through a final judicial determination, the entire
Arbitration Agreement shall be null and void. No portion of this Arbitration Agreement may be
amended, severed, or waived absent a written agreement between you and Katharos.
The parties agree that they must initiate arbitration within one (1) year after any Dispute arose;
otherwise, the Dispute is permanently barred.
YOU AND KATHAROS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING.
Further, unless both you and Katharos agree otherwise, the arbitrator may not
consolidate one or more person’s claims with your claims and may not otherwise preside over
any form of a representative or class proceeding. If there is a final judicial determination that
applicable law precludes enforcement of this section’s limitations as to a particular claim for
relief, then that claim (and only that claim) must be severed from the arbitration and may be
brought in court.
TO THE EXTENT ANY CLAIM IS DETERMINED NOT TO BE SUBJECT TO
ARBITRATION, OR FOR ENFORCEMENT OF AN ARBITRATION AWARD, YOU
CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND
FEDERAL COURTS LOCATED IN SHERIDAN COUNTY, WYOMING. TO THE EXTENT
ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND
KATHAROS IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL.
LYOPHILIZED PRODUCTS
Some of our products are lyophilized, meaning they have been freeze-dried for optimal
preservation, stability, and ease of shipping. This process results in Products that are not in liquid
form. The lyophilization process is part of our commitment to delivering high-quality, stable, and
reliable products to our customers. By purchasing our Products, you acknowledge you are aware
of the lyophilized nature of our Products. You accept that the Products are not in a liquid form
and understand the reason for the lyophilization process. Given the specific nature of our
lyophilized Products, we do not accept returns or provide refunds if a customer complains about
the Product not being in liquid form. This policy applies to all our Products without exception.
You have the right to return or request a refund for Products under other circumstances that are
consistent with our Refund Policy, but not based on the product being freeze-dried or not in
liquid form.
COMMUNICATIONS BY TEXT MESSAGE AND EMAIL
By accepting these Terms and/or by sending us an initial text message (an “SMS Enrollment”),
you consent to receiving text messages sent via an automatic telephone dialing system regarding
your account and use of the Websites, Products and Services. These text messages may include
order confirmations, shipping notifications and other transactional messages.
With your SMS Enrollment, you represent and understand that: (i) you are the owner or
authorized user of the mobile device you used in order to initiate the SMS Enrollment; (ii) you
are authorized to approve any applicable charges in connection with the text messages you send
to and receive from us; (iii) you will be responsible for all messaging and other data charges that
may apply for any text messages sent by you to us, or from us to you; and (iv) neither us, nor
your or our mobile carriers, will be liable for delayed or undelivered messages.
Note that access to the Website, Products and Services is not conditioned upon your consent to
receive text messages from us, and you can opt-out of any of our SMS services at any time by
texting “STOP” to the message received, from the mobile device that is subscribed to receive the
SMS messages.
After you send the text message “STOP” to us, we may send you one final text
message to confirm that you have been unsubscribed. If you have opted-in to receive more than
one type of text message from us, you will need to opt-out of each SMS service to which you are
subscribed. Until you have done so, you may continue to receive the types of text messages from
us that you have opted-in to receive but have not unsubscribed from.
You also understand that while we take your privacy and the security of your information very
seriously, the transmission of information over the internet and mobile networks is not 100%
secure. Text messages and emails that you send to or receive from us are not encrypted, which
means that it is possible they may be intercepted by third parties. If you choose to send or receive
information by text message or email, you do so at your own risk. By initiating an SMS
Enrollment, you consent to sending text messages to us, and receiving text messages from us,
that are not encrypted. Likewise, by emailing us or giving us your email, you consent to receive
unencrypted emails messages from us.
If you are experiencing any issues with our text messaging or email services, or if you have any
concerns about sending or receiving any sensitive, please contact us by sending an email to
customerservice@katharoslab.com. If you have questions specific to your text or data plan,
please contact your wireless provider.
MISCELLANEOUS
These Terms (including any policies referenced and incorporated herein and any order
confirmations issued by us) constitute the entire agreement between you and Katharos regarding
the Website, Services and/or Products and supersede all prior agreements and understandings,
whether written or oral.
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be
enforced to the maximum extent permissible, and the remaining provisions shall remain in full
force and effect.
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that
right or provision.
You may not assign or transfer these Terms or any rights or obligations hereunder without our
prior written consent. We may assign or transfer these Terms, in whole or part, without your
consent, including in connection with a merger, acquisition, reorganization, or sale of assets.
Neither these Terms, nor any content, materials or features of the Website and/or Products create
any partnership, joint venture, employment, or other agency relationship between you and
Katharos. You may not enter into any contract on our behalf or bind us in any way.
We shall not be liable for any failure or delay in performance due to circumstances beyond our
reasonable control, including but not limited to acts of God, natural disasters, war, terrorism,
labor disputes, equipment or power failures, supply shortages, governmental actions, or network
or communications failures.
Except as otherwise specifically set forth in these Terms, including with respect to the
indemnification obligations contained herein and the agreement to arbitration, both parties
hereby expressly agree that there is no intent by either party to create or establish third party
beneficiary status rights or their equivalent in any other referenced individual, subcontractor or
third party, and, except as specifically set forth in these Terms, that no third party shall have any
right to enforce any right or enjoy any benefit that is created or established under these Terms.
Legal notices to Katharos must be sent via email transmission to legal@katharoslab.com. We
may send notices to you via the contact information associated with your account or included
with your order.
ACKNOWLEDGEMENT & CONSENT
BY ACCESSING OR USING THE WEBSITE, CREATING AN ACCOUNT, OR PLACING
AN ORDER FOR PRODUCTS, YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU
HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS; (II) YOU
ARE AT LEAST 21 YEARS OLD AND HAVE AUTHORITY TO BIND YOURSELF AND (IF
APPLICABLE) YOUR ORGANIZATION; (III) ALL PRODUCTS ARE SOLD FOR
RESEARCH USE ONLY AND NOT FOR HUMAN OR ANIMAL USE OR CONSUMPTION;
(IV) YOU ACCEPT THE RISK ALLOCATION, WARRANTY DISCLAIMERS,
LIMITATIONS OF LIABILITY, INDEMNIFICATION OBLIGATIONS, AND
PAYMENT/CHARGEBACK RULES SET FORTH HEREIN; AND (V) YOU WILL COMPLY
AT ALL TIMES WITH THESE TERMS AND ALL APPLICABLE LAWS IN CONNECTION
WITH YOUR USE OF THE WEBSITE, SERVICES AND PRODUCTS. IF YOU DO NOT
AGREE, YOU MUST NOT USE THE WEBSITE, SERVICES OR PURCHASE OR USE ANY
PRODUCT FROM KATHAROS.
CONTACT US
If you have any questions about these Terms, please contact us at:
Katharos Laboratories, Inc.
140 E. Broadway Ave., Suite 25
Jackson, WY 83001
Email: customerservice@katharoslab.com