The following Terms and Conditions Agreement ("Agreement") governs your access to and use of www.nanochipid.com ("Site"), owned and operated by Nanochip ID Inc. ("NANOCHIP") and the Nanochip microchip products (“PRODUCTS”) made available to you by NANOCHIP . Please review the entire Agreement carefully. By checking the box agreeing to the Terms and Conditions when ordering PRODUCTS, you electronically sign the Agreement and agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.
The Agreement is an electronic contract that governs your use of and access to the Site and PRODUCTS. By checking the box on the ordering form, you acknowledge that you understand and agree to be legally bound by the Agreement and the terms, conditions and notices contained or referenced herein. Checking the box creates an electronic signature that has the same legal force and effect as a handwritten signature.
When you order PRODUCTS, either as a 'Guest' customer or as a password protected 'Express Checkout' customer, you authorize NANOCHIP to charge your credit card for the price stated on the Site and order form. Your authorization applies to the credit/debit card on file and any updates to the card/bank information on file. Your authorization also allows NANOCHIP to obtain updated account information from your card issuer. When you create or add a password for your account, you authorize NANOCHIP to store your shipping and billing address for future purchases. You agree and represent that all information you provide for the purpose of ordering PRODUCTS is accurate, complete and current including credit card billing address and expiration date. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify NANOCHIP immediately of any unauthorized use of your account or any other breach of security. NANOCHIP will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by NANOCHIP or another party due to someone else using your account or password. If NANOCHIP does not receive payment from the issuer of your credit card, NANOCHIP reserves the right to terminate shipment of PRODUCTS to you.
PRODUCTS ordered from NANOCHIP are not for resale.
Purchasing PRODUCTS from NANOCHIP does not convey any right to claim that your organization is an "affiliate" of NANOCHIP.
NANOCHIP ID number stickers are provided with the PRODUCTS for the implanting organization's and pet owner's records.
THE IMPLANTING ORGANIZATION MUST PROVIDE THE PET OWNER WITH ONE OF THE NANOCHIP ID NUMBER STICKERS.
NANOCHIP MICROCHIP PRODUCTS ARE NOT REGISTERED TO THE PURCHASING ORGANIZATION UNTIL THE PURCHASING ORGANIZATION ENTERS THE ID NUMBERS AT: www.nanochipid.com/account
Free Secondary Registration for NANOCHIP customers (organizations) requires the purchase of NANOCHIP microchip PRODUCTS and creation of a password to establish a password protected account for registering ID numbers. Free Secondary Registration is not transferable to organizations that do not have a NANOCHIP password protected account.
The Site may contain third-party owned content and links to other websites ("Linked Sites"). NANOCHIP does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of NANOCHIP, and NANOCHIP is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. NANOCHIP is providing third-party content and Linked Sites to you only as a convenience, and the inclusion of such third-party content and Linked Sites is not an endorsement by NANOCHIP in favor of any third party. NANOCHIP may, in its sole discretion, review content posted to the Site by third parties. However, NANOCHIP has no obligation to review or maintain third-party postings to the Site, and may change or remove such postings at any time.
While NANOCHIP takes reasonable steps to ensure that the information on the Site is correct, NANOCHIP does not warrant the accuracy and completeness of the material on the Site. NANOCHIP may make changes to the material on the Site, or to the PRODUCTS and prices described in it, at any time without notice. The material on the site may be out of date, and NANOCHIP makes no commitment to update such material. The PRODUCTS and the Site are provided "as is". NANOCHIP makes no representation or warranty of any kind whatsoever relating to the PRODUCTS, the Site, linked sites, or other content that may be accessible directly or indirectly through the Site. NANOCHIP disclaims to the maximum extent permitted by law any and all such representations and warranties. Without limiting the generality of the foregoing, NANOCHIP disclaims to the maximum extent permitted by law any and all warranties of merchantability or fitness for a particular purpose, warranties against infringement of any third-party intellectual property or proprietary rights, warranties relating to the transmission or delivery of the Site, warranties relating to the accuracy, reliability, correctness, or completeness of data made available on the Site or otherwise by NANOCHIP, and warranties otherwise relating to performance, nonperformance, or other acts or omissions by NANOCHIP or any third party. Further, there is no warranty that the Site or PRODUCTS will meet your needs or requirements or the needs or requirements of any other person. NANOCHIP makes no warranties or representations, express or implied, that the information provided through the Site will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; that the Site will be available at any particular time or location; that defects or errors in the Site will be corrected; or that the content on the Site is free of viruses or other harmful components. Any information on the Site is subject to change without notice, and NANOCHIP disclaims all responsibility for these changes. NANOCHIP makes no warranties or representations relating to third-party content or content on linked sites. Any and all pricing, delivery, or contract information is subject to final confirmation by NANOCHIP. Your reliance on such information provided solely through the site is at your own risk.
In no event will NANOCHIP be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your use, misuse, or inability to use the PRODUCTS or in connection with any failure of performance or defect. Your use of the PRODUCTS is at your own risk. In the event that you have a dispute with another user related to or arising from, or in any way connected with the use of the PRODUCTS, you release NANOCHIP from any claims, demands, and damages of every kind and nature arising out of or in any way connected with such a dispute.
You agree to defend, indemnify, and hold harmless NANOCHIP from any loss, damage, or cost (including attorneys' fees) resulting from your use of the PRODUCTS.
In no event will NANOCHIP, or any party involved in creating, producing, or delivering the Site be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the Site, or any linked sites, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. In the event that you have a dispute with another user related to or arising from, or in any way connected with the use of the Site, you release NANOCHIP from any claims, demands, and damages of every kind and nature arising out of or in any way connected with such a dispute.
You agree to defend, indemnify, and hold harmless NANOCHIP and third parties who contribute to the Site from any loss, damage, or cost (including attorneys' fees) resulting from your violation of the Agreement or any activity related to your account.
THE AGREEMENT IS SUBJECT TO THE LAWS OF THE STATE OF DELAWARE. IF THERE IS ANY DISPUTE BETWEEN US CONCERNING THE AGREEMENT OR YOUR ACCESS TO OR USE OF THE SITE AND PRODUCTS, WE BOTH AGREE TO SUBMIT THE DISPUTE TO NON-BINDING MEDIATION, FOLLOWED BY BINDING ARBITRATION. BOTH THE MEDIATION AND THE ARBITRATION WILL BE GOVERNED UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND THE VENUE FOR THE ARBITRATION WILL BE STATE OF DELAWARE.
NANOCHIP reserves the right, in its sole discretion, to terminate your access to and use of the Site or PRODUCTS, with or without notice.
The failure of NANOCHIP to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.
Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and NANOCHIP and governs your use of the Site and PRODUCTS. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.