Terms of Service

Research-use-only products

All products are research-use-only and are sold subject to the Research Use Policy. Human or animal consumption, diagnostic, therapeutic, or clinical use, and resale for therapeutic use are prohibited.

Buyer attestation & eligibility

Orders for non-restricted products are placed and fulfilled through checkout in real time, without a per-order manual review. The buyer must attest to being 21+ and a qualified researcher or institution. Certain restricted or eligibility-gated products are not available for direct checkout and are instead handled as an eligibility request that NytroGene reviews before fulfillment; NytroGene may decline or require additional verification for any such request.

Handling & storage

Buyers are responsible for proper storage, handling, and disposal of research chemicals in accordance with applicable law and good laboratory practice.

Text messaging

By providing your mobile number you agree to receive the text messages you request from NytroGene — one-time sign-in passcodes, order and shipping updates, and, if you separately opt in, restock and new-batch alerts. Consent to marketing texts is not a condition of purchase. Message frequency varies; message and data rates may apply. Reply STOP to opt out of marketing texts and HELP for help. See the Privacy Policy for how mobile information is handled.

Limitation of liability

To the fullest extent permitted by law, NytroGene disclaims liability for any use of products outside their research-use-only scope, and total liability is limited to the amount paid for the product. [VERIFY with counsel]

Indemnification

The buyer agrees to indemnify and hold NytroGene harmless from claims arising out of the buyer's use, handling, or resale of products in violation of these terms or applicable law.

Governing law

These terms are governed by the laws of the State of Michigan [VERIFY], without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement below. See also the Shipping, Refund, and Privacy policies.

Dispute resolution and arbitration agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIMS.

You and NytroGene agree that any dispute, claim, or controversy arising out of or relating to these terms, the Research Use Policy, your use of this site, or any product you purchase from NytroGene — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after termination of these terms — will be resolved by binding individual arbitration rather than in court, except as expressly set out in “Exceptions to arbitration” below. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

Informal resolution first

Before starting an arbitration, you agree to first contact NytroGene in writing and describe the dispute, the relief you seek, and the order number(s) involved, and NytroGene agrees to do the same for any claim it has against you. Both parties agree to attempt in good faith to resolve the dispute informally for 60 days from the date that notice is received. This informal-resolution period is a precondition to starting arbitration, and any applicable statute of limitations is tolled while it runs.

Your right to opt out of arbitration

You may opt out of this arbitration agreement. To do so, send written notice within 30 days of your first order stating your name, the email address and shipping address on the order, the order number, and a clear statement that you are opting out of the arbitration agreement. Notice must be sent to NytroGene at the contact address published on this site. [VERIFY with counsel: designate a specific mailing address and/or email for opt-out notices.]

Opting out affects only the arbitration agreement and the class action waiver. It does not affect the rest of these terms, and it will not affect your ability to purchase from NytroGene or the price you pay.

Class action waiver

YOU AND NYTROGENE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If this class action waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief — and only that claim or request for relief — must be severed from the arbitration and brought in a court of competent jurisdiction. All other claims remain subject to arbitration. [VERIFY with counsel: some jurisdictions instead require that an unenforceable class waiver void the entire arbitration agreement; choose the severance approach deliberately.]

Exceptions to arbitration

Either party may bring an individual claim in small claims court if the claim qualifies and remains in that court on an individual basis. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property or to address unauthorized access to, or misuse of, the site. Nothing in these terms prevents you from reporting a concern to, or seeking relief from, any federal, state, or local government agency, including the Food and Drug Administration, the Federal Trade Commission, or a state attorney general; that right cannot be waived.

How arbitration works

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these terms, before a single arbitrator. The AAA's rules and forms are available at adr.org. [VERIFY with counsel: confirm the administrator, that the AAA will accept this clause under its Consumer Due Process Protocol, and the current rule set.]

Unless you and NytroGene agree otherwise, any in-person hearing will take place in the county or parish where you reside, or at another mutually agreed location. The arbitrator may also conduct the arbitration by written submissions, telephone, or video conference. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court decides whether the class action waiver is enforceable.

The arbitrator may award any relief that a court could award to you individually under applicable law, including statutory damages and attorneys' fees where a statute provides for them, and the arbitrator's award may be entered as a judgment in any court of competent jurisdiction. The arbitrator must issue a reasoned written decision.

Arbitration fees — NytroGene pays

NytroGene pays the cost of setting up and administering the arbitration. Specifically, NytroGene will pay all filing, administration, and arbitrator fees charged by the AAA for an arbitration you bring under this section, including any portion that the AAA's Consumer Arbitration Rules would otherwise allocate to you. If you have already paid a filing fee, NytroGene will reimburse it.

You remain responsible for your own attorneys' fees and your own costs of presenting your case, except where a statute or the arbitrator's award provides otherwise. NytroGene will not seek its attorneys' fees or costs from you in arbitration unless the arbitrator finds that your claim was frivolous or brought for an improper purpose, as measured by Federal Rule of Civil Procedure 11(b).

[VERIFY with counsel: this fee commitment is deliberate and supports enforceability, since cost-shifting to consumers is a common basis for an arbitration clause being held unconscionable. Counsel should confirm the wording against the AAA's current consumer fee schedule, and should advise on mass-arbitration exposure — an unconditional promise to pay all administrative and arbitrator fees can become a very large liability if many coordinated claims are filed at once, and is usually paired with a batching or bellwether provision.]

Jury trial waiver

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND NYTROGENE EACH KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY. [VERIFY with counsel: jury-waiver enforceability varies by state, and some states require separate conspicuous assent.]

Severability and survival of this section

If any part of this arbitration agreement is found unenforceable, the remaining parts remain in effect, except as stated in the class action waiver above. This arbitration agreement survives the termination of these terms and the completion, cancellation, refund, or return of any order.

If NytroGene changes this arbitration agreement after the date you last accepted these terms (other than a change to its contact address), you may reject the change by sending written notice within 30 days, in which case the version of this section in effect when you last accepted these terms will continue to govern disputes between you and NytroGene.