Terms
of use.

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Averix LLC d/b/a Averix Labs ("Averix Labs," "we," "us," or "our") governing your access to and use of the website located at averixlabs.com (the "Site") and the purchase of our products.

Averix Labs sells peptides and related compounds to researchers and qualified institutions. All products are sold for laboratory research use only and are not for human or veterinary use. Averix Labs makes no claims regarding the safety, efficacy or suitability of any product for any particular application.

By placing an order, you expressly represent and warrant the following:

• You are a researcher or an authorized representative of a qualifying institution or business, and you are purchasing products solely for laboratory research use.
• You understand that Averix Labs products have not been evaluated or approved by the U.S. Food and Drug Administration and are not accompanied by any therapeutic, diagnostic or medical claims.
• You are solely responsible for determining whether your acquisition, handling and use of any product complies with all applicable federal, state and local laws, regulations and professional licensing requirements in your jurisdiction.
• You will not administer these products to humans or animals, and will not use, resell or distribute them in any manner that violates applicable law.

Products are sold for use by the organization on your research account and may not be resold, transferred or otherwise distributed to any third party, whether or not for value, including to any person or entity that is not a qualified research organization. Any resale or transfer is a material breach of these Terms and will result in the closure of your account and the refusal of future orders.

You must be at least 21 years of age to use the Site or purchase products. By using the Site, you represent that:

• You are at least 21 years old
• You have the legal capacity to enter into binding agreements
• You are acting in a research or institutional capacity consistent with applicable law
• You are not located in a jurisdiction where the purchase or possession of these compounds is prohibited

We reserve the right to require verification of research or institutional affiliation before processing any order, and to refuse or cancel any order at our discretion.

4.1 Research accounts

A research account is required to place an order. You may browse the Site and build a cart without one; at checkout you will be asked to sign in or create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, and you agree to notify us immediately of any unauthorized access.

4.2 Order acceptance

Submission of an order constitutes an offer to purchase. We reserve the right to accept, refuse or cancel any order at our sole discretion, including for reasons of suspected misuse, stock limitations, pricing errors or regulatory concerns. Orders are not confirmed until you receive an order confirmation email.

4.3 Pricing and payment

All prices are listed in U.S. dollars and are subject to change without notice. We accept payment via the methods presented at checkout. Payment is due in full before an order ships. We use third-party payment providers; by providing payment information, you agree to their applicable terms.

4.4 Taxes

Prices do not include sales, use, excise or similar taxes. Where applicable law requires us to collect tax, it is calculated at checkout and added to your order total. If you claim an exemption, you must provide a valid exemption certificate before the order is placed; tax collected on an order for which no certificate was on file may not be refundable. You are responsible for any tax that applies to your purchase and that we are not required to collect.

Shipping terms, delivery timelines, replacement eligibility and refund procedures are governed by our separate Shipping, Returns and Refunds Policy, which is incorporated into these Terms by reference.

Risk of loss and title for products pass to you upon delivery to the carrier. We are not responsible for delays or failures caused by carriers, customs authorities or circumstances beyond our reasonable control.

6.1 Program description

Averix Labs operates an SMS notification program ("Averix Labs Shipping Notifications") that sends transactional shipping updates by text message to customers who provide a mobile phone number at checkout. This program is strictly transactional and does not send marketing or promotional content.

Messages sent under this program correspond to the following carrier scan events for your order:

• Drop-off confirmation when your package is received by the carrier
• In-transit notification when your package is moving through the carrier network
• Out-for-delivery alert on the day of delivery
• Delivery confirmation once your package arrives

6.2 Consent and opt-in

By providing your mobile phone number on the Averix Labs checkout page, you consent to receive automated SMS notifications related to your order, as described in Section 6.1. A disclosure next to the phone number field on the checkout page describes this opt-in. Phone number entry is optional; if you do not provide a phone number, no SMS messages will be sent to you. Consent timestamp, IP address and the exact disclosure shown to you are recorded on your order for compliance purposes.

6.3 Message frequency

Message frequency varies based on your order activity. You may receive up to four (4) messages per order shipped, corresponding to the four scan events listed in Section 6.1. We do not send recurring or scheduled messages outside the context of an active order.

6.4 Message and data rates

Msg & data rates may apply. Averix Labs does not charge for SMS notifications, but your mobile carrier may charge for messages received based on your individual plan. Please consult your wireless carrier for details about message and data charges that may apply.

6.5 Opt-out instructions

You may opt out of SMS notifications at any time by replying STOP (or STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT) to any message you receive. Upon receiving your opt-out request, we will discontinue SMS notifications to your number and you will receive a final confirmation message acknowledging the opt-out. After opting out, you will not receive further SMS messages from this program unless you re-enroll by providing your phone number on a future checkout.

6.6 Help and support

For assistance with SMS notifications, reply HELP to any message you receive, or contact us directly at contact@averixlabs.com. We respond to inquiries within one business day.

6.7 Supported carriers and service provider

SMS notifications are delivered via Twilio Inc., our third-party messaging service provider. The program is supported on all major U.S. wireless carriers, including AT&T, Verizon, T-Mobile and US Cellular. Carriers are not liable for delayed or undelivered messages. We are not responsible for delays or failures in SMS delivery caused by your mobile carrier, network conditions or other circumstances beyond our reasonable control.

6.8 Privacy

For information about how we collect, use, share and protect data associated with SMS notifications, please refer to our Privacy Policy, which describes our SMS data practices in detail.

We ship only to addresses within the United States. You agree not to export, re-export or transfer any product outside the United States, or to any person or entity, except in compliance with all applicable U.S. export control and economic sanctions laws, including the Export Administration Regulations and the regulations administered by the Office of Foreign Assets Control.

By placing an order, you represent that neither you nor the organization on your research account: (a) is located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions; (b) is listed on, or owned or controlled by a party listed on, any U.S. government restricted-party list, including the Specially Designated Nationals and Blocked Persons List and the Entity List; or (c) will use any product for any purpose prohibited by U.S. law.

We make reasonable efforts to provide accurate product descriptions, lot test results and specifications. However:

• Product information is provided for research reference purposes only and does not constitute scientific or medical advice
• Lot testing results reflect the specific lot tested and may vary across production runs
• We do not warrant that products are suitable for any specific research application or that results will be reproducible in all laboratory environments
• Users are solely responsible for determining the suitability of any product for their intended research purpose

All content on the Site, including but not limited to logos, product images, text, graphics and the Averix Labs brand, is the property of Averix Labs or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify or create derivative works from any Site content without our prior written consent.

You are granted a limited, non-exclusive, non-transferable license to access and use the Site solely for lawful research-purchasing purposes consistent with these Terms.

You agree not to:

• Misrepresent your research or institutional affiliation, or your intended use of products
• Use the Site for any unlawful purpose or in violation of any applicable federal, state or local law or regulation
• Attempt to gain unauthorized access to any portion of the Site or our systems
• Use automated bots, scrapers or similar tools to access or extract data from the Site
• Post false, misleading or defamatory content about Averix Labs or its products
• Engage in any activity that could damage, disable or impair the functionality of the Site

11.1 Limited warranty

We warrant that, at the time of shipment, each product will conform to the specifications we state for it: the lot certificate of analysis where one is published, and otherwise the specifications on the product page. This warranty runs for thirty (30) days from the date of delivery and is conditioned on the product having been stored and handled in accordance with the instructions provided with it and on the Site.

11.2 Exclusive remedy

If a product does not conform to this warranty and you notify us in writing within the warranty period, describing the nonconformity, we will at our option replace the product or refund the price paid for it. This is your sole and exclusive remedy for a nonconforming product. The warranty does not cover products that have been altered, improperly stored or used in a manner inconsistent with these Terms, and it extends only to the original purchaser.

11.3 Disclaimer

EXCEPT FOR THE LIMITED WARRANTY IN SECTION 11.1, THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY. WE DO NOT WARRANT THAT ANY PRODUCT IS SUITABLE FOR ANY PARTICULAR RESEARCH APPLICATION, THAT RESULTS WILL BE REPRODUCIBLE, OR THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AVERIX LABS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE ORDER GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to indemnify, defend and hold harmless Averix Labs and its officers, directors, employees, affiliates and agents from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or products; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your misrepresentation of credentials or intended use.

We are not liable for any failure or delay in performing our obligations, including delivery, where the failure or delay results from causes beyond our reasonable control, including natural disasters, severe weather, fire, flood, epidemic or public health emergency, war, terrorism, civil unrest, labor disputes, carrier or supplier failures, shortages of materials, utility or telecommunications failures, cyberattack, or any act, order or regulation of a governmental authority. Our obligations are suspended for the duration of such an event. If an event prevents delivery of an order for more than thirty (30) days, either party may cancel the affected order and we will refund any amount paid for it.

These Terms shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict of law principles.

Any disputes arising out of or relating to these Terms or your use of the Site shall first be submitted to good-faith negotiation. If unresolved within thirty (30) days, disputes shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with proceedings conducted in Wichita, Kansas. Nothing herein shall prevent either party from seeking emergency injunctive relief in a court of competent jurisdiction.

Any claim or cause of action arising out of or relating to these Terms, the Site or any product must be commenced within one (1) year after the claim or cause of action accrues. A claim not commenced within that period is permanently barred.

We reserve the right to modify these Terms at any time. Revised Terms will be posted on the Site with an updated effective date. Your continued use of the Site after the posting of revised Terms constitutes your acceptance of those changes. We encourage you to review these Terms periodically.

No employee, agent or representative of Averix Labs has authority to modify these Terms or to make any promise, warranty or representation that differs from them, whether orally or in writing, and no such statement is binding on us unless it is set out in a written amendment signed by an authorized officer of Averix Labs.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms, together with our Privacy Policy and Shipping, Returns and Refunds Policy, constitute the entire agreement between you and Averix Labs with respect to your use of the Site and purchase of products, and supersede all prior or contemporaneous agreements, representations or understandings.

Any terms or conditions contained in a purchase order, vendor registration form or other document you submit that add to, differ from or conflict with these Terms are rejected and have no effect, even if we acknowledge or fulfill the order.

If you have questions about these Terms, please contact us: