Terms & Conditions

Kimera Chems  and its affiliated brands, including but not limited to Kimera Chems, Kimera Chems LLC and kimerachems.co provides this and other  websites (including applications and other online services that are accessible through various  desktop, tablet and mobile web browsers from time to time) subject  to your compliance with these Terms of Use. 

These Terms of Use constitute an agreement between Kimera Chems and you. We recommend that  you print out a copy of these Terms of Use for your records. 

By using the Website, you affirm that you are able and legally competent to agree to and comply  with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally  competent to agree to them, then you may not use the Website or benefit for the information and  materials presented herein. 

Please note that these Terms of Use contain provisions that govern the resolution of claims between  Kimera Chems and you. Please see the Legal Disputes section for complete details. 

1. Privacy & Security 

Please review our Privacy Policy, which is incorporateded into these Terms of Use and also governs  your use of the Website. To the extent there is a conflict between the terms of the Privacy Policy  and these Terms of Use, the Terms of Use govern. 

Information security is important to Kimera Chems. We have established appropriate physical,  electronic and managerial safeguards to protect the information that we collect from or about our users. Kimera Chems does, however, reserve the right at all times to disclose any information as Kimera Chems deems necessary to satisfy any applicable law, regulation, legal process or  governmental request. 

2. Changes 

Kimera Chems  reserves the right, at any time, to change these Terms of Use, our Privacy Policy  and/or the Website. Changes, however, shall not apply retroactively. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms of Use  and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all  previous versions, notices or statements regarding the Website. If we request, you agree to sign a  non-electronic version of these Terms of Use. We will notify you of any change to these Terms of  Use by updating the “Last Updated” date at the top of these Terms of Use. 

3. Intellectual Property Rights

The Website contain valuable trademarks and service marks owned and used by Kimera Chems,  including but not limited to, Kimera Chems, the Kimera Chems design logo, labels and formulas. Any use of the Kimera Chems Marks without  the prior written permission of Kimera Chems is strictly prohibited. The arrangement and layout of  the Website, including but not limited to, the Kimera Chems Marks, images, text, graphics, buttons,  screenshots, music, digitally downloadable files, and other content or material, are the sole and exclusive property of Kimera Chems. 

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, SCRAPPING,  HARVESTING, EXTRACTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING  ALL OR ANY PART OF THE WEBSITE, OR ITS CONTENTS, IS EXPRESSLY PROHIBITED. 

Kimera Chems uses a network of independent product and content suppliers, distributors and other  such third parties to supply some of the products and content advertised on the Website. All other  trademarks, service marks, product names, package designs and company names or logos  associated with these product and content suppliers, distributors and other such third parties that  are not owned by us but appear on the Website are the property of their respective owners. 

4. User-Generated Content 

From time to time, the Website may permit the submission of content, such as comments, blogs  and product reviews, generated by you and other users (“User Content”). You are solely responsible  for your own User Content and the consequences of posting or publishing it. Any User Content or  other material, information or ideas that you submit to or post or publish on the Website is  nonconfidential and non-proprietary. By submitting User Content, you represent and warrant to Kimera Chems that: (i) your User Content does not violate any copyright, trademark, trade secret,  patent or other intellectual property right, any right of privacy or publicity of any third party or  any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize  Kimera Chems to use your User Content, including written consent to use of any product or the  name, voice, likeness or any other applicable personal rights of each identifiable person featured  or referenced in your User Content and (iii) your User Content does not violate Kimera Chem’s  Acceptable Use Policy set forth below. As between you and Kimera Chems, you will retain all of  your ownership rights in and to your User Content. By submitting User Content to Kimera Chems,  you hereby grant to Kimera Chems a perpetual, worldwide, non-exclusive, irrevocable, royalty free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce,  distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast  television or any other uses or media) your User Content, in whole or in part, including future  rights that Kimera Chem (or its successor) may otherwise become entitled to that do not yet exist,  as well as new uses, media, means and forms of exploitation throughout the universe exploiting  current or future technology yet to be developed. You also hereby grant each user of the Website a  non-exclusive license to access your User Content through the Website and to use, access, watch,  reproduce, distribute, transmit, forward, display and perform such User Content in whole or in  part, to the extent permitted by the Website under these Terms of Use.

Kimera Chems does not endorse any User Content or any opinion, recommendation, or advice  expressed therein. 

Kimera Chems reserves the right but is not obligated to monitor User Content or other content sent  to or through the Website. Kimera Chems has the right to refuse, remove, edit or delete any User  Content and/or to terminate any user’s access to the Website for any reason. Kimera Chems takes  no responsibility for User Content. 

5. Social Media Tag Usage 

BY USING #kimerachems #kimera AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN  ANY WAY RELATED TO ANY OF THE WEBSITE, EACH USER AGREES TO PROVIDE  Kimera Chems WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE  UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITE, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER  REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE  INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT  LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS. 

6. Acceptable Use Policy 

By submitting User Content and otherwise using the Website, you agree not to: (i) submit any User  Content that is protected by or otherwise subject to any third party intellectual property or  proprietary rights (including any privacy and publicity rights) unless you own or have permission  from the rightful owner of such rights to post such User Content and to grant Kimera Chems all of  the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is  unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,  hateful or racially, ethnically or otherwise objectionable; (iii) use the Website to harm any person  or entity, including Kimera Chems; (iv) impersonate any person or entity, including but not limited  to, a representative of Kimera Chems, or falsely state or otherwise misrepresent your affiliation with  a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the  origin of any content transmitted to or through the Website; (vi) upload, post, e-mail or otherwise  transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other  form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains  computer viruses or other computer code, files or programs that interrupt, destroy or limit the  functionality of the Website or any other computer software or hardware or telecommunications  equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or  international laws, rules or regulations, including but not limited to those promulgated by the U.S.  Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use  personal information about other users of the Website without their consent; (x) use the Website (including through submission of User Content) to disparage or make unsubstantiated claims about  any person, third party or its/their products or services; (y) use any of the Website in any manner  that could overburden or impair any of the Website or the networks or systems connected to the  Website; and/or (z) use any device, software or instrumentality to interfere with the proper working  of the Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website. You also agree that you will not violate or attempt to violate the security  of the Website. Violations of system or network security may result in civil or criminal liability.  Kimera Chems reserves the right to investigate occurrences which may involve such violations and  may involve and cooperate with law enforcement authorities in prosecuting users who have  participated in such violations. 

7. Order Acceptance & Delivery 

The receipt of an order number or an email order confirmation does not constitute the acceptance  of an order or a confirmation of an offer to sell. Kimera Chems reserves the right, without prior  notification, to limit the order quantity on any item and/or to refuse service to any customer.  Verification of information may be required prior to the acceptance of an order. Prices and  availability of products on the Website are subject to change without notice. Errors will be  corrected when discovered and Kimera Chems reserves the right to revoke any stated offer and to  correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Website and the Kimera Chems Rewards Program described  below. Kimera Chems reserves the right, at its sole discretion, to refuse or cancel any order for any  reason. Your account may also be restricted or terminated for any reason, at Kimera Chems’s sole  discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation. 

Customers clearance and delivery is an important component of your procurement considerations  and typically will involve a third party. Customs clearance agents are usually made by contracting  a reputable Customers Clearance Agent. Customs clearance is a highly specialized job which is  why it is outsourced and not performed in-house. The Kimera Chems utilizes reputable third-party customs clearance agents however there are instances where a delivery may run into issues—it  could range from damaged packaging or a proofing error. In the event of any issues with delivery,  you will be notified immediately, and solutions will be discussed accordingly, which include, but  are not limited to, a redelivery or reshipment. 

8. Pricing 

At Kimera Chems, we prioritize transparency and integrity in all our dealings. As part of our commitment to transparency, we want to inform our valued customers that prices may change without prior notice. While we strive to maintain competitive pricing and offer the best value for our products/services, factors such as market fluctuations, supplier costs, and economic conditions may necessitate adjustments from time to time. Rest assured, any changes in pricing will be communicated promptly and openly, allowing you to make informed decisions. We understand the importance of clarity and honesty in our interactions with customers, and we remain dedicated to upholding these principles as we continue to serve you.

9. Links to Other Websites 

For all, no, or any reason, the Website may contain links to third-party websites (“Other Website”)  that are not under Kimera Chems’s control. Kimera Chems makes no claim and accepts no  responsibility regarding the quality, nature or reliability of the Other Website that are accessible  by hyperlinks from the Website or link to the Website. Kimera Chems provides these links to you  as a convenience and the inclusion of any link does not imply endorsement by Kimera Chems of  Other Website or any association with the operators of such Other Website. You are responsible  for viewing and abiding by the privacy statements and terms of use posted at any third-party  Website. 

10. Mobile Devices and Mobile Applications

If you use a mobile device to access pages of the Website optimized for mobile-viewing, opt in to  receive SMS (text messages) from Kimera Chems (as/when available), or use a mobile application,  the following additional terms and conditions (“Mobile Terms”) also apply to you. Your access to  the Website via your mobile device or use of a mobile application confirms your agreement to  these Mobile Terms, as well as the rest of the Terms of Use. By opting in, you agree to receive  promotional SMS text messages on your mobile device. Your consent is not required as a condition  of purchasing any goods or services from Kimera Chems. By agreeing to receive SMS messages  from Kimera Chems, you certify that you are over 21 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone  number and can incur any mobile message or data charges. You agree that you are solely  responsible for all message and data charges that apply to use of your mobile device to access the  Website or use of a mobile application. All such charges are billed by and payable to your mobile  service provider. Please contact your participating mobile service provider for pricing plans,  participation status and details. You understand that wireless through Wi-Fi or a participating  mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or  otherwise. Additional terms and conditions may apply to your use of a mobile application, based  on the type of mobile device on which you install and use the mobile application. 

11. Notice to California Residents

California Proposition 65 requires that special warnings be provided when products contain  chemicals known by the State of California to cause cancer, birth defects, or other reproductive  harm if the use of those products may cause exposure to those chemicals above specific limits.  These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany  style lamps, and electrical cords.  

Pursuant to California Civil Code Section 1789.3, Kimera Chems provides users of the Website with the following notice: 

You may report complaints to the Consumer Information Division of the California Department of  Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952- 5210. 

12. California Consumer Privacy Act (CCPA) 

For customers where CCPA may apply, Kimera Chems provides mechanisms to support Your  compliance with regard to the personal information we collect on Your behalf for data about Your  employees. Kimera Chems recommends, if CCPA applies, that You update Your employees with  privacy notices that specify types of personal data collected in Kimera Chems and purposes of  processing such data. If you would like to submit a request for support of your employee’s exercise of California privacy rights under the CCPA, You may do so by contacting us at  privacy@KimeraChems.co or calling 123-456-7890. We will verify Your request using  information associated with Your account, including email address. Further identification may be  required. You may also designate an authorized agent to act on your behalf. Kimera Chems does  

13. Prohibited Acts, Goods With Certain Restrictions 

General.  

There are certain products that come with additional restrictions and those restrictions may vary  from state to state, jurisdiction to jurisdiction. 

It is understood that the customer(s) assume all associated risk of the purchase and/or use of any  goods or products on our Website. Notably, Kimera Chems assumes no responsibility of any  personal injury, death, or property damage associated with the use of all or any goods products  sole on the Website. The customer(s) assume all responsibility of ensuring that all applicable safety and use precautions are following while using any and all products or goods. Whether it be bottled  water or a proprietary compound, this same general disclaimer and assumption of associated risk  applies to all products or goods purchased from Kimera Chems. All local, state, and federal laws  and ordinances, as well as doctors and providers advise, must be adhered during the use of any  product or good. Determining the nature of these laws and ordinances, as well as the extend of  healthy and permissible use, is the exclusive responsibility of the customer(s). 

1. Products Designated for Research & Development. 

You understand and affirmatively agree that products bought through Kimera Chems may NOT and will NOT be exported, resold, nor used for the development or manufacture of chemical or biological weapons, nor used for the development or manufacture of controlled drugs, nor used for any purposes that lie outside of those permissible under these terms of sale. 

You understand and affirmatively agree that all Kimera Chems materials are sold strictly for  scientific research and development purposes ONLY, and are not intended for therapeutic or  diagnostic use. 

You understand and affirmatively agree that Kimera Chems materials are for purchase only by  qualified researchers with the knowledge, judgement, secure storage arrangements and equipment  to safely handle Kimera Chems compounds for their intended application. 

You understand and affirmatively agree that any communications indicating use of Kimera Chems  materials for other than scientific research and development purposes may result in refusal of  purchases and/or deactivation or deletion of any relevant Kimera Chems account(s). 

You understand and affirmatively agree that materials bought through Kimera Chems could be  classified by certain regulatory agencies as unapproved new drugs if they were to be sold for the  purpose of consumption by and/or administration to humans, but by continuing to access the  Kimera Chems website, and/or by making a purchase on Kimera Chems, you specifically agree and  confirm that you will NOT purchase nor use any Kimera Chems product for the purpose of  consumption by yourself or other humans, or administration to yourself or other humans.

You understand and affirmatively agree that all materials available for purchase on Kimera Chems  are being sold by Kimera Chems solely for use in scientific research and development. 

1. For Informational Purposes Only.  

For those products or goods identified as ingredients, chemicals or materials, for sale by  Kimera Chems are intended for laboratory and research use only, unless otherwise explicitly stated.  They are not intended for human ingestion or for use in products that may be ingested. You must  be at least 21 (twenty one) years of age to purchase goods on this website. The listing of an ingredient,  chemical or material on this website does not constitute a license to, or a recommendation for its  use in infringement of any patent whatsoever. It is understood that all of the products purchased  here designed as ingredients, chemicals or materials will be handled only by qualified and trained  individuals. In purchasing these products, the customer acknowledges that there are hazards  associated with their handling and use. Customer represents and warrants to us that from  customer’s own independent review and study they are fully aware and knowledgeable about (a)  the health and safety hazards associated with the handling of the products purchased; (baq) industrial  hygiene controls necessary to protect its workers from such health and safety hazards; (c) the need  to adequately warn of health and safety hazards associated with products; and (d) government  regulations regarding the use of and exposure to such products. We reserve the right to limit sales  of products or not to sell products to unqualified customers. In no event shall Kimera Chems, or  any of its affiliates be liable for special, incidental or consequential damages, whether purchaser’s  claim in contract, negligence, strict liability or otherwise. In consideration of the sale of the product  to the purchaser, which sales we would not otherwise make, purchaser agrees to indemnify and  hold Kimera Chems harmless from all claims, expenses, losses and liability of any nature  whatsoever arising out of purchaser’s handling and/or use of any product sold here, whether used  alone or in combination with any other substance no matter what it’s origination. As stated above,  concerning the use of products or goods sold, products supplied by Kimera Chems are intended  only for research purposes unless otherwise explicitly stated. The purposes not intended for products sold here include but not limited to, in vitro diagnostic purposes, in foods, drugs, medical devices, or cosmetics for humans or animals or for commercial purposes. 

Customer acknowledges that the products have not been tested by supplier for safety and efficacy  in food, drug, and medical device, cosmetic, commercial or any other use. Customer expressly  represents and warrants to supplier that Customer will properly test and use any products purchased from supplier and/or materials produced with products purchased from supplier(s) in accordance with the practices of any reasonable person who is an expert in any appropriate scientific field of study and in strict compliance with all applicable state and federal laws and  regulations, now and hereinafter enacted. Customer further warrants to supplier that any material  produced with products from supplier shall not be adulterated or misbranded within the meaning  of the Federal Food, Drug and Cosmetic Act (“Act”) and shall not be materials which may not,  under the relevant sections, be introduced into interstate commerce. Customer realizes that, since  supplier products are, unless otherwise stated, intended primarily for research purposes nothing  else, they may not be on the Toxic Substances Control Act (TSCA) inventory. Customer assumes  responsibility to assure that the products purchased from supplier are approved for use under 

TSCA, if applicable. Customer has the responsibility to verify the hazards and to conduct any  further research necessary to learn the hazards involved in using products purchased from supplier.  Customer also has the duty to warn Customer’s customers and any auxiliary personnel (such as  freight handlers, etc.) of any risks involved in using or handling the products. Customer agrees to  comply with instructions, if any, furnished by supplier relating to the use of the products and not  misuse of the products in any manner. Customer agrees that any and all products here are not  intended for resale purposes. If the products purchased from supplier are repackaged, relabeled or  used as starting material or components of other products, Customer will verify supplier assay of  the products. ALL products and services offered are for laboratory and research activities  exclusively. By placing orders with this company it we understood by the customer that under no circumstances should use any of these chemicals/materials in an inappropriate manner. No  products here are to be used for recreational purposes or human consumption. All customers are assumed and expected to be qualified researchers. 

1. Products Sold As Food, Food Supplements, Supplements, Vitamins, Minerals, or  Food Replacements.  

For those goods and products sold as Food, Food Supplements, Supplements, Vitamins, Minerals,  or Food Replacements (“Nutritional Supplements”) by Kimera Chems are offered as food or dietary  supplements. The content on this website is only intended to inform about the nutritional and  physiological processes of the Nutritional Supplements. The information provided on this site is  for informational purposes only and is not intended as a substitute for advice from your physician  or other health care professional. 

A food supplement is a product that is intended to supplement the normal diet with nutrients or  other vital substances which have a nutritional or physiological effect. Food supplements are  intended for ingestion in pill, capsule, tablet, powder, liquid or similar forms in a certain dosage. 

You should not use the information on this site for diagnosis or treatment of any health problem or  as a substitute for medication or other treatment prescribed by your physician or health care  provider. You should consult with a physician or healthcare professional before starting any diet,  exercise or supplementation program, before taking any medication or food supplement, or if you  have or suspect you might have a health problem. 

Kimera Chems is not responsible for any statements, claims or directions of use that various  manufacturers make about their products. Kimera Chems cannot be held responsible for side effects  or health damages which may occur from the use of products offered on this Website. 

Food supplements are not a replacement for a varied and balanced food intake and a healthy  lifestyle. The recommended daily dose of a food supplement does not have any side effects in  healthy adults. If you suffer from an illness you should discuss the use of a food supplement with  a doctor. Food supplements should always be stored out of reach of small children. 

In some jurisdictions, some of these substances may be considered prescription drugs, controlled  or contraband substances. Since the information published on this website is accessible to anyone  throughout the world, Kimera Chems does not give legal advice that may apply to any particular consumer. Consumers are cautioned to check with local, regionalized legal counsel and/or health  care professionals before making any purchases on the Kimera Chems site. Also the consumer is  responsible for additional taxes or duties which may occur when importing and receiving the  products in his country. 

14. Communications with Kimera Chems 

For all communications made to or with Kimera Chems, including but not limited to feedback,  questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your  communications and Kimera Chems will have no obligation to protect your communications from  disclosure; (ii) Kimera Chems will be free to reproduce, use, disclose and distribute your  communications to others without limitation; and (iii) Kimera Chems will be free to use any ideas,  concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products  and services that incorporate such information. 

15. Indemnity 

You agree to indemnify and hold Kimera Chems and its agents and Kimera Chemss harmless from  any claim or demand, including reasonable attorneys’ fees, made by any third party due to or  arising out of (i) your use of the Website, including any User Content you submit, post to or  transmit through the Website, (ii) your violation of these Terms of Use or (iii) your violation of  any rights of another user. 

16. Disclaimer of Warranties 

Kimera Chems intends for the information and data contained in the Website to be accurate and  reliable but since the information and data have been compiled from a variety of sources, they are  provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Website and  any information contained therein is at your sole risk. Accordingly, to the extent permitted by  applicable law, Kimera Chems EXPRESSLY DISCLAIMS ALL WARRANTIES AND  CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED 

WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY,  MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY  WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING,  COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the 

Disclaimer of warranties or conditions

All ingredients, chemicals and material designated products sold on this web site are intended for  research and identification purposes only. Ingredient, chemical and material products are not  intended for human dosing, injection, or ingestion. We will not and cannot answer questions about  human dosing, injection, or ingestion. Any communication that implies the intent to inject, ingest,  or otherwise consume ingredients, chemicals or material products will result in the cancellation  and refund of your order. Additionally, future attempts to purchase from us will be denied. Our  website contains links to other sites that may provide dosing or injection information intended for  individuals with a valid prescription, testing, research or study purposes for ingredient, chemicals 

or material therapy from a fully licensed medical professional. We do not endorse this information;  it is offered here as a resource. By entering this site, you certify that you are 21 years of age or  older and understand the above information. Use of this website signifies your agreement to the  Terms of Service and Conditions outlined in our Terms of Service and Disclaimer pages. 

17. Limitation on Liability 

IN NO EVENT WILL KIMERA CHEMS OR ITS OFFICERS, MANAGERS, MEMBERS,  EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES  OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER  CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO 

ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT,  INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY  DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,  LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE  THE WEBSITE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER  CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE,  EVEN IF KIMERA CHEMS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE  POSSIBILITY OF SUCH DAMAGES OR LOSSES. 

You hereby acknowledge that the preceding limitation on liability will apply to all content,  merchandise and services available through the Website or other channels. Because some  jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental  damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless  of the previous paragraphs, if Kimera Chems is found to be liable, our liability to you or to any third  party is limited to the greater of (a) the amount in dispute not to exceed the total amount which  you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100. 

18. Legal Disputes 

PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OF USE  OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN  COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY  CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. 

19. Agreement to Binding Arbitration 

Any dispute, claim or controversy between you and Kimera Chems, its agents, employees, officers,  directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this  section, ‘Kimera Chems’) arising from or relating in any way to: (1) these Terms of Use and their  interpretation or the breach, termination or validity thereof, and the relationships which result from  these Terms of Use; (2) your use of any website owned or operated by Kimera Chems and its  affiliated brands; or (3) any products or services sold or distributed by Kimera Chems and its  affiliated brands or through any website owned or operated by Kimera Chems and its affiliated brands (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court. 

The arbitrator also has the sole authority to and shall address all claims or arguments by both  parties concerning the formation, legality, and enforceability of this arbitration clause, the scope  of this clause, and the arbitrability of any claim or issue arising between us. There is no judge or  jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can  award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court  would. 

20. Jury Trial and Class Action Waiver 

Except as the Terms of Use otherwise provide, you and Kimera Chems acknowledge and agree that  you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal  courts of general jurisdiction. The parties further agree that any arbitration shall be conducted in  their individual capacities only and not as a class action/class arbitration or other representative  action, and the parties expressly waive their right to file a class action or seek relief on a class  basis. You and Kimera Chems may not be plaintiffs or class members in any purported class,  collective, private attorney general, or representative proceeding, or otherwise make or proceed  with any claim on a collective or consolidated basis, and may each bring claims against the other  only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief  only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. Other rights that you would have if you went to court, such as access to discovery,  also may be unavailable or limited in arbitration. 

21. Governing Law 

You and Kimera Chems agree that any claim between us involves commerce under, and is governed  exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local  laws, or the laws of other countries, concerning or purporting to place limits on the availability or  scope of arbitration or in any way imposing requirements beyond or inconsistent with those set  forth in the FAA. Where otherwise applicable, the laws of Wyoming apply. 

22. Initiating Arbitration and Arbitration Rules 

Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’  advance written notice of its intent to file for arbitration. Kimera Chems will provide such notice  by email to your e-mail address on file with Kimera Chems and you must provide such notice by  email to legal@KimeraChems.co. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. Any arbitration will be held  before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the  Consumer Due Process Protocol (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) as currently in effect, and as modified by this Agreement, and will be  administered by the AAA. The AAA Rules are available online at https://www.adr.org/consumer, by calling the AAA at 800-778-7879, or by writing to the AAA Notice Address set forth below. To the extent that there is a conflict between this clause and the AAA Rules, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual  basis. 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the AAA and to legal@KimeraChems.co. The AAA’s address is: American Arbitration Association Case Filing Services, Denver Regional Office, 1400 16th Street, Suite 400, Denver, Colorado 80202 (the “AAA Notice Address”), or email customerservice@adr.org. You may also send a copy to the AAA online at https://www.adr.org. 

You may choose to have the arbitration conducted by telephone, based on written submissions, or  in person in the county where you live or at another mutually agreed location. 

23. Arbitration Fees 

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The parties agree to split the fees for Arbitration evenly between the parties. Likewise, the parties are responsible for their own fees, and neither party will be permitted to seek attorneys’ fees and costs  in arbitration unless the arbitrator determines the claims are either completely frivolous or  intentional and malicious.  

We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by you and us, will be decided by the arbitrator. 

24. Other 

To the extent that any other provision of the Terms of Use is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be null and void and the terms of this arbitration agreement shall control. 

25. Termination 

Your ability to access and use the Website remains in effect until terminated in accordance with these Terms of Use. You agree that Kimera Chems, in its sole discretion, may terminate your  account and your use of the Website and may remove and delete your User Content if  Kimera Chems believes that you have violated or acted inconsistently with these Terms of Use or  for any other reason. Kimera Chems also may in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website may be effected without prior notice and you acknowledge and agree that Kimera Chems may bar any further access to the Website. Further, you agree that Kimera Chems will not be liable to you or any third party for any termination of access to the Website. Further, Kimera Chems is not responsible in any way whatsoever for any data or financial information loss, theft, cyberattacks, etc. arising out of your dealing(s) with Kimera Chems website.

For instructions for deleting your account, please see the section labelled Privacy Policy. 

The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use  Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections,  together with and any other rights and obligations which by their nature are reasonably intended  to survive such termination, will survive any termination of these Terms of Use. 

26. Right to Access 

YOU MUST BE AT LEAST AGE 21 TO USE THE WEBSITE. By using the Website, you affirm that you are over age 21. If you are under age 21, you may not access or use the Website. IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER’S REGISTRATION WITH AND USE OF THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE WEBSITE. 

Kimera Chems maintains a website that you may access in connection with the Goods You purchase from Kimera Chems or Kimera Chems’s authorized agents. You agree that You will not use  or attempt to use this website, or the Goods purchased, for any purpose: 1) that is any way unlawful  or prohibited, 2) that transmits any unauthorized or unsolicited advertisements, solicitations,  schemes, spam, flooding, or other unsolicited e-mail or unsolicited commercial communications,  3) that transmits any viruses, 4) that interferes with Kimera Chems’s network services; 5) that  attempts to gain unauthorized access to Kimera Chems’s network services, or 6) that impairs or  limits Kimera Chems’s ability to operate this website or any other person’s ability to access or use  the website. You agree that you will only access or use information related to You in accordance with the Services You purchase, and not for any illegal purposes. You agree that you will access this website at your own risk. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE, SERVER AND THE INTERNET GENERALLY. You understand that  Kimera Chems cannot and does not ensure continuous access to the website. Access may be interrupted due to technical limitations, such as heavy use and server malfunctions, or other circumstances, such as maintenance. Kimera Chems reserves the right to modify this website at any time without your consent. TO BE CLEAR, YOU UNDERSTAND AND AGREE THAT  Kimera Chems WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,  SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING  FROM, OR IN ANY WAY CONNECTED TO, YOUR ACCESS TO, USE OF, INABILITY TO  USE, OR RELIANCE ON THE WEBSITE OR ANY MATERIALS, INFORMATION,  PRODUCTS, GOODS OR SERVICES OBTAINED OR ACCESSED THROUGH THE  WEBSITE. FURTHER, THIS ALSO GOES FOR THE USE OF GOODS AND SERVICES THAT ALL USE UPON PURCHASE IS SOLELY FOR LEGAL USE ONLY. FOR THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION SHALL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION  OR LIMITATION PERMITTED BY APPLICABLE LAW. 

27. Jurisdictional Issues 

The Website is operated by Kimera Chems from its offices in WYOMING, USA. The Website is intended for users who reside in the United States of America. Kimera Chems makes no representations or warranties that the Website or any materials contained in them are valid,  appropriate or available for use outside of the United States. If you access and use the Website outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Kimera Chems reserves the right to limit the availability of the Website and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Website is subject  to United States export controls and may not be downloaded or otherwise exported or re-exported:  (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other  country to which the United States has embargoed goods or which is subject to other applicable  U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially  Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 

 

28. General Information 

No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. These Terms of Use set forth the entire Agreement between you and Kimera Chems with respect to use of the Website and supersede any prior agreements between  you and Kimera Chems relating to such subject matter. The Terms are not assignable, transferable  or sub-licensable by you except with Kimera Chems’s prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading,  caption or section title contained herein is inserted only as a matter of convenience and in no way  defines or explains any section or provision hereof. Kimera Chems’s performance of these Terms of  Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is  in derogation of Kimera Chems’s right to comply with governmental, court and law enforcement  requests or requirements relating to your use of the Website or information provided to or gathered by Kimera Chems with respect to such use. A printed version of these Terms of Use and of any  notices given in electronic form will be admissible in judicial or administrative proceedings based  upon or relating to these Terms of Use to the same extent and subject to the same conditions as  other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language. 

29. Violations, Questions, Comments? 

Please report any violations of these Terms of Use to the system administrator. Further, if you have questions, comments or complaints about these Terms or the Website, please contact us at:  help@Kimerachems.co.

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