HMD Scientific LLC
Effective Date: August 25, 2026 | Version 1.0
1. Agreement to These Terms
These Terms of Sale and Terms of Use (the “Terms“) are a binding agreement between you (“you,” “Buyer,” or “User“) and HMD Scientific LLC, a California limited liability company (“HMD Scientific,” “we,” “us,” or “our“), governing your access to and use of stg-hmdscientific-staging.kinsta.cloud and any related pages, accounts, and ordering systems (collectively, the “Site“), and your purchase of any item offered on the Site (each, a “Product“).
By creating an account, entering the Site, submitting an order, or accepting delivery of any Product, you accept these Terms in full. If you do not accept these Terms, you must not register, enter the Site, or place an order.
These Terms incorporate by reference, and must be read together with, the Shipping Policy, the Refund & Return Policy, the Chargeback & Complaint Policy, and the Privacy Policy, each posted on the Site. In the event of a conflict between these Terms and any other posted policy, these Terms control, except that the Refund & Return Policy is the sole and exclusive statement of when a refund or replacement is available.
2. Research Use Only — Core Covenant
2.1 Research use only. All Products offered by HMD Scientific are supplied strictly as chemical reference materials for in-vitro laboratory research and analytical use by qualified researchers. Products are supplied for no other purpose.
2.2 Not for consumption or in-vivo use. Products are not for human or animal consumption. Products are not foods, food additives, beverages, cosmetics, dietary supplements, drugs, or devices. Products are not intended for, and must never be used for, any in-vivo administration to humans or animals, any diagnostic or therapeutic application, any clinical or investigational use in humans or animals, any compounding activity, or any use in or on the human or animal body.
2.3 No claims of any kind. HMD Scientific makes no representation whatsoever regarding any biological, physiological, nutritional, or other effect of any Product. Product information published on the Site is limited to chemical, physical, and analytical specifications — including molecular formula, molecular weight, sequence, CAS or catalog identifier, purity as determined by third-party analysis, appearance, solubility characteristics, storage conditions, and lot identification. Nothing on the Site is, or may be relied upon as, guidance on use, quantity, administration, frequency, or handling in any living organism, and HMD Scientific will not supply such guidance in any channel — including email, chat, telephone, or social media — under any circumstances.
2.4 Buyer’s covenant. You covenant that you will not, and will not permit any person to: (a) consume, administer, or introduce any Product into any human or animal body; (b) use any Product in or in connection with any diagnostic, therapeutic, clinical, veterinary, food, beverage, cosmetic, or supplement application; (c) resell, transfer, repackage, relabel, or redistribute any Product to any person for any purpose described in (a) or (b); or (d) represent to any person that any Product is suitable for any purpose described in (a) or (b).
2.5 Breach. Any breach of this Section 2 is a material breach of these Terms. HMD Scientific may, without notice and without liability, cancel pending orders, suspend or terminate your account, refuse all future orders, and permanently bar you from the Site.
3. Eligibility — Age, Location, and Researcher Qualification
3.1 Age. You must be at least 21 years of age. On first entry to the Site and again at checkout, you must affirm that you are 21 or older. Providing a false affirmation is a material breach of these Terms and voids any order placed.
3.2 United States only. Products are sold only to Buyers located in, and for delivery only to addresses within, the fifty United States and the District of Columbia. HMD Scientific does not sell, ship, or export internationally, and does not ship to U.S. territories, APO/FPO/DPO addresses, P.O. boxes, freight forwarders, package-consolidation services, or any address HMD Scientific reasonably believes is used to forward Products outside the United States. You covenant that you will not export, re-export, or arrange the onward shipment of any Product outside the United States.
3.3 Qualified researcher representation. By registering an account and by submitting each order, you represent and warrant that:
(a) you are a qualified researcher, laboratory professional, scientific institution, research organization, educational institution, or a person duly authorized to purchase chemical reference materials on behalf of such an entity;
(b) you possess the training, facilities, equipment, and technical judgment necessary to receive, identify, store, handle, and dispose of research chemicals safely and lawfully;
(c) you will use Products solely for lawful in-vitro laboratory research and analytical purposes;
(d) you are not purchasing any Product for yourself, any household member, or any other individual, for consumption or in-vivo use; and
(e) all information you supply — including name, entity, delivery address, and any optional professional or institutional identifier — is true, current, and complete.
These representations are made anew, and are a condition of acceptance, each time you submit an order.
3.4 Optional professional identifier. Checkout includes an optional field for a professional or institutional identifier (for example, an NPI, an institutional account number, or an academic department reference). Completion is voluntary; the field exists solely to assist HMD Scientific in verifying the research context of an order. Supplying an identifier does not create any relationship other than that of seller and Buyer of research reference materials, does not authorize any use outside these Terms, and does not constitute advice, guidance, or a professional engagement of any kind.
3.5 Verification. HMD Scientific may, at its sole discretion and at any time, request documentation supporting any representation in this Section 3, and may hold, refuse, or cancel an order pending satisfactory response.
4. Registration, Accounts, and Site Access
4.1 Registration required. Access to Product listings, specifications, pricing, and ordering requires a registered account. Account approval is at HMD Scientific’s sole discretion and may be declined or revoked without cause.
4.2 Entry acknowledgement. Entry to the Site requires affirmative acknowledgement that you are 21 or older and that you are accessing the Site as a qualified researcher for research purposes only. By making that acknowledgement, by registering an account, and by placing an order, you represent and warrant that each of those statements is true.
4.3 Account security. You are solely responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account. Notify us immediately at support@hmdscientific.com of any unauthorized use. Accounts are personal to the registered Buyer or entity and may not be shared, sold, transferred, or assigned.
4.4 Accurate account information. You must keep your account information current. HMD Scientific is not responsible for any consequence arising from inaccurate, outdated, or incomplete account information, including misdirected shipments.
4.5 Suspension and termination. HMD Scientific may suspend or terminate any account, at any time, with or without notice, including where HMD Scientific reasonably believes an account is associated with a breach of these Terms, a false representation, a fraudulent payment, an attempted purchase for consumption or in-vivo use, or a request for guidance on use in humans or animals.
4.6 Site content. All Site content — text, specifications, documentation, images, layout, logos, and code — is owned by HMD Scientific or its licensors and is protected by intellectual property law. You may not copy, scrape, republish, mirror, frame, or exploit Site content except to print or store copies of specification documentation and certificates of analysis for your own internal laboratory records.
4.7 Prohibited conduct. You must not: use the Site for any unlawful purpose; misrepresent your identity, age, entity, or purpose; interfere with Site security or availability; use automated means to access the Site; attempt to place orders through any channel that circumvents these Terms; or solicit from HMD Scientific or any of its personnel any information regarding quantity, administration, frequency, or use of any Product in any living organism.
5. Product Information, Specifications, and Certificates of Analysis
5.1 Specifications only. Product listings state chemical and analytical specifications only. Specifications describe the material as manufactured and analyzed; they are not, and must not be read as, a statement of suitability for any application.
5.2 Certificate of analysis. A third-party certificate of analysis (“COA“) is issued for each lot supplied, and the COA covering the lot you receive is provided with your order. Each COA reflects the identified lot analyzed. Because inventory lots rotate, any COA provided in advance of shipment may not correspond to the lot you receive; the lot identifier printed on the vial or container you receive is authoritative. To obtain the COA for a specific lot, contact support@hmdscientific.com with the lot identifier.
5.3 Accuracy. HMD Scientific uses reasonable efforts to publish accurate specifications, pricing, availability, and imagery, but does not warrant that Site content is error-free. HMD Scientific may correct errors, and may cancel or decline any order arising from an error, at any time before shipment. Product images are representational.
5.4 No third-party content. HMD Scientific does not publish, host, solicit, or reproduce customer reviews, testimonials, ratings, endorsements, case studies, comparative outcome descriptions, or user-submitted imagery of any kind on the Site.
6. Order Acceptance, Refusal, and Cancellation
6.1 Offer and acceptance. Your submission of an order is an offer to purchase. No contract is formed, and no order is accepted, until HMD Scientific dispatches the order and issues a shipment confirmation. An order confirmation, payment authorization, or charge is an acknowledgement of receipt only and does not constitute acceptance.
6.2 Right to refuse. HMD Scientific reserves the absolute right to refuse, limit, hold, or cancel any order, in whole or in part, at any time before shipment, for any reason or no reason, in its sole discretion, without liability beyond reversal of any amount charged. Grounds include, without limitation:
(a) any indication that the Product is sought for consumption, self-administration, administration to another person or to an animal, or any in-vivo, diagnostic, or therapeutic purpose — including any statement, question, note, message, or search behavior to that effect in any channel;
(b) any request from the Buyer for information about quantity, frequency, administration, or use in a living organism;
(c) failure or refusal to make, or apparent falsity of, any representation in Section 3;
(d) an order pattern, quantity, or assortment inconsistent with in-vitro laboratory research use;
(e) a delivery address that is a P.O. box, freight forwarder, consolidation service, or address outside the permitted delivery area, or a mismatch between billing and delivery information that cannot be resolved;
(f) suspected fraud, unauthorized payment, or prior chargeback activity;
(g) any applicable federal, state, or local restriction affecting the Product or the destination; or
(h) any prior breach of these Terms by the Buyer or any account associated with the Buyer.
6.3 Cancellation by Buyer. You may request cancellation by emailing support@hmdscientific.com. HMD Scientific will accommodate the request only if it is received and processed before the order is released to fulfillment. Because orders are released promptly, cancellation cannot be guaranteed. Once an order is released, the Refund & Return Policy governs exclusively.
6.4 Quantity limits. HMD Scientific may impose per-order, per-account, or per-period quantity limits at its discretion.
7. Pricing, Fees, and Payment
7.1 Pricing. Prices are stated in U.S. Dollars and apply only to orders placed on the Site. Prices are subject to change at any time without notice; the price displayed at the time your order is submitted applies to that order.
7.2 No consumer promotions. HMD Scientific does not run consumer sales, countdown offers, flash offers, loyalty rewards, or referral incentives on the Site, and does not issue consumer discount coupons. Quantity-based pricing applies as a standing published schedule: orders of two units receive 5%, three units 10%, and four or more units 15% off the unit price. That schedule is not time-limited, is not promotional, and is available to every approved account on identical terms. Where a code field appears at checkout it is a research code used for institutional account administration, order attribution, or authorized research-account terms. Research codes are issued by HMD Scientific, are non-transferable, carry no cash value, and may be withdrawn at any time.
7.3 Amounts payable. You are responsible for the Product price, shipping and handling charges, and all applicable sales, use, and similar taxes. The Order Protection & Reship Guarantee described in the Shipping Policy is included in the Product price at no separate charge. All charges are disclosed at checkout before you submit your order.
7.4 Payment. Payment must be made in full at checkout by an accepted method. By submitting payment information you represent that you are authorized to use the payment instrument and that the information supplied is accurate. HMD Scientific may verify payment and billing details and may hold or cancel orders that cannot be verified.
7.5 Declined or reversed payment. If a payment is declined, reversed, or returned unpaid, HMD Scientific may cancel the order and suspend the account. You are responsible for any bank or processor fee HMD Scientific incurs as a result.
7.6 Taxes. Sales tax is calculated at checkout based on the delivery address. If you claim a resale or research exemption, you must supply a valid exemption certificate before the order is placed; exemptions cannot be applied retroactively.
8. Shipping, Title, and Risk of Loss
8.1 Shipping terms. Shipment, handling, carriers, packaging, temperature-sensitive handling, delivery signature, address accuracy, undeliverable packages, and transit claims are governed by the Shipping Policy, incorporated here by reference.
8.2 Title and risk of loss. Products are sold FOB origin. Title to and risk of loss for all Products pass to Buyer upon tender of the Products to the carrier at the fulfillment facility. Once title passes, Buyer is the owner of the Products for all purposes, including compliance, handling, storage, and disposal.
8.3 Reship Guarantee is contractual, not a transfer of risk. The Order Protection & Reship Guarantee described in the Shipping Policy is a contractual undertaking by HMD Scientific to reship or, where a reship is not possible, refund in defined transit-failure situations. It is a merchant guarantee, not insurance, not a policy of any insurer, and not a warranty. It does not alter Section 8.2: risk of loss still passes on tender to the carrier, and HMD Scientific’s obligation under the guarantee is limited to the remedies stated in the Shipping Policy and Refund & Return Policy and to the liability limits in Section 12.
8.4 Delivery estimates. All delivery windows are estimates. HMD Scientific is not liable for carrier delay, weather, service disruption, or any consequence of delayed delivery.
8.5 Thirty-day shipment. Consistent with California Business and Professions Code § 17538 and the Federal Trade Commission’s Mail, Internet, or Telephone Order Merchandise Rule, HMD Scientific will, within 30 days of accepting payment, either ship the order, issue a full refund, or send you written notice of the delay together with the option of a full refund.
9. Handling, Storage, Disposal, and Regulatory Responsibility
9.1 Buyer’s sole responsibility. From the moment title passes, Buyer is solely responsible for the safe, lawful, and appropriate receipt, identification, labeling, storage, containment, handling, transport, use, and disposal of each Product, and for the safety of every person who may come into contact with it.
9.2 Qualified handling. Products are chemical reference materials that may present hazards and whose properties may not be fully characterized. Products must be handled only by trained personnel, in an appropriate laboratory environment, using appropriate engineering controls and personal protective equipment, in accordance with applicable occupational safety and hazard-communication requirements.
9.3 Storage. Buyer is responsible for storing Products in accordance with the storage conditions stated on the Product page and container label, and for maintaining appropriate storage from the moment of delivery. HMD Scientific is not responsible for degradation, contamination, or non-conformity arising after delivery, including any consequence of storage outside stated conditions.
9.4 Disposal. Buyer is solely responsible for disposal of Products, containers, and any derived material in compliance with all applicable federal, state, and local waste requirements. Products must never be disposed of into sewers, drains, or municipal waste streams except where expressly permitted by law.
9.5 Regulatory compliance. Buyer is solely responsible for determining whether the Buyer’s intended in-vitro research use, possession, storage, transport, and disposal of a Product is lawful in the Buyer’s jurisdiction, and for obtaining any registration, license, permit, institutional approval, or authorization required. HMD Scientific makes no determination and gives no assurance regarding the legality of any Buyer’s activity in any jurisdiction, and does not provide legal or regulatory advice.
9.6 Records. Buyer will maintain records of Products purchased, their lot identifiers, and their disposition, as required by applicable requirements and good laboratory practice.
10. Confidentiality of Purchase and Public Sharing
HMD Scientific strongly discourages posting, sharing, publishing, tagging, or otherwise distributing images of, or references to, HMD Scientific Products, vials, labels, packaging, packing slips, invoices, order confirmations, or shipping materials on social media platforms, forums, messaging groups, video platforms, or any other public or semi-public channel. Public sharing risks presenting research reference materials outside their research context, and may result in content being misunderstood as consumer-facing. HMD Scientific may decline future orders from any account associated with public sharing that misrepresents Products or their permitted use.
11. Disclaimer of Warranties
11.1 As-is. EXCEPT FOR THE LIMITED CONFORMITY UNDERTAKING IN SECTION 11.2, ALL PRODUCTS AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. HMD SCIENTIFIC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
11.2 Limited conformity undertaking. HMD Scientific’s sole undertaking is that, at the time of tender to the carrier, each Product materially conforms to the identity and purity specifications stated on the third-party certificate of analysis for the lot supplied. This undertaking runs only to the original Buyer, is non-transferable, and expires on the earlier of the applicable claim window in the Refund & Return Policy or any transfer of the Product to a third party.
11.3 No assurance of results. HMD Scientific makes no representation regarding experimental results, reproducibility, suitability for any assay, method, instrument, or research objective, lot-to-lot equivalence beyond stated specifications, stability after delivery, or the accuracy of any third-party literature referenced in connection with a Product.
11.4 Buyer’s independent determination. Buyer is solely responsible for independently determining, by its own testing and technical judgment, whether a Product is suitable for Buyer’s intended in-vitro research application.
12. Limitation of Liability
12.1 Exclusion of indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HMD SCIENTIFIC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND FULFILLMENT PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST OR RUINED EXPERIMENTS, LOST SAMPLES, DOWNTIME, OR SUBSTITUTE PROCUREMENT COSTS, ARISING OUT OF OR RELATING TO THE SITE, ANY PRODUCT, OR THESE TERMS, ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Aggregate cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF HMD SCIENTIFIC ARISING OUT OF OR RELATING TO THE SITE, ANY PRODUCT, OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY BUYER TO HMD SCIENTIFIC FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.
12.3 Prohibited use. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HMD SCIENTIFIC WILL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, INJURY, ILLNESS, OR DAMAGE ARISING FROM ANY USE OF A PRODUCT THAT IS PROHIBITED BY SECTION 2, INCLUDING ANY CONSUMPTION OR IN-VIVO USE BY ANY PERSON, WHETHER OR NOT BUYER, AND WHETHER OR NOT FORESEEABLE.
12.4 Statutory carve-outs. Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded. Under California Civil Code § 1668, these Terms do not exempt HMD Scientific from responsibility for its own fraud, willful injury to the person or property of another, or violation of law, whether willful or negligent. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages; in those jurisdictions, the exclusions and limits above apply to the fullest extent permitted.
12.5 Allocation of risk. Buyer acknowledges that the disclaimers and limits in Sections 11 and 12 are a fundamental basis of the bargain and are reflected in the pricing of Products, and that HMD Scientific would not sell Products on any other basis.
13. Indemnification
You will defend, indemnify, and hold harmless HMD Scientific and its members, managers, officers, employees, agents, suppliers, and fulfillment providers from and against any and all claims, demands, actions, investigations, proceedings, liabilities, damages, judgments, settlements, fines, penalties, losses, costs, and expenses (including reasonable attorneys’ fees and expert fees) arising out of or relating to:
(a) your breach of these Terms, including any breach of Section 2 (Research Use Only) or Section 3 (Eligibility);
(b) any falsity in any representation you make;
(c) your receipt, storage, handling, transport, use, transfer, or disposal of any Product;
(d) any consumption or in-vivo use of any Product by you or by any person to whom you supplied, transferred, or gave access to a Product;
(e) any resale, redistribution, repackaging, or relabeling of any Product by you;
(f) your violation of any law, regulation, or third-party right; or
(g) any claim brought by any third party — including any person who consumed or was administered a Product — arising from any of the foregoing.
This obligation survives termination of your account and any expiration of these Terms. HMD Scientific may assume exclusive defense and control of any matter subject to indemnification at your expense, and you will cooperate fully. You will not settle any matter in a way that imposes obligation or admission on HMD Scientific without our prior written consent.
14. Refunds, Returns, and Disputes
14.1 All sales final. ALL SALES ARE FINAL. Products are returnable only in the limited circumstances set out in the Refund & Return Policy, which is the sole and exclusive statement of when a refund, replacement, or credit is available. No other statement, page, email, or communication creates any refund, return, or exchange right, and nothing in the Shipping Policy or the Chargeback & Complaint Policy creates any remedy beyond those stated in the Refund & Return Policy.
14.2 Contact before dispute. You agree to contact HMD Scientific and to allow the process in the Chargeback & Complaint Policy to run its course before initiating any chargeback, payment dispute, or third-party complaint.
15. Governing Law and Venue
These Terms, and any dispute arising out of or relating to these Terms, the Site, or any Product, are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Subject to Section 16, the exclusive venue for any action that is not subject to arbitration is the state and federal courts located in Los Angeles County, California, and you consent to personal jurisdiction and venue there and waive any objection based on inconvenient forum.
16. Dispute Resolution — Informal Resolution, Arbitration, Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAYS YOU CAN SEEK RELIEF, INCLUDING YOUR ABILITY TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT UNDER SECTION 16.9.
16.1 Informal resolution first. Before initiating arbitration or any action, the initiating party must send a written notice of dispute describing the claim and the relief sought — to compliance@hmdscientific.com and by mail to HMD Scientific LLC, care of its registered agent for service of process in the State of California (current address available from the California Secretary of State business search, or on request at compliance@hmdscientific.com), if you are initiating; to your account email and billing address if we are initiating. The parties will attempt in good faith to resolve the dispute for 30 calendar days from receipt. This informal step is a condition precedent to arbitration, and any applicable limitations period is tolled during it.
16.2 Agreement to arbitrate. If the dispute is not resolved under Section 16.1, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, any Product, any order, or the relationship between the parties — whether based in contract, tort, statute, fraud, misrepresentation, or any other theory, and whether arising before, during, or after termination — will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time of filing, as modified by this Section. If AAA is unavailable or declines to administer the arbitration consistently with this Section, the arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures. If neither will administer, a court of competent jurisdiction may appoint a single neutral arbitrator on the petition of either party, and the remainder of this Section 16 remains in force.
16.3 Federal Arbitration Act. This Section evidences a transaction in interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16. The arbitrator, and not any court, has exclusive authority to resolve any dispute regarding the interpretation, applicability, enforceability, or formation of this Section, except as stated in Sections 16.5 and 16.6.
16.4 Procedure. Arbitration will be conducted by a single neutral arbitrator. The seat of arbitration is Los Angeles County, California; a claimant who is an individual may elect a hearing in the county of the claimant’s residence, by telephone, or by videoconference, or may elect a determination on documents alone. The arbitrator may award any relief available in an individual action in court, subject to Sections 11 and 12, and will issue a written reasoned decision. Judgment on the award may be entered in any court of competent jurisdiction. Administrative and arbitrator fees will be allocated as provided in the applicable rules; HMD Scientific will pay the portion of filing, administrative, and arbitrator fees that the applicable rules assign to it, and will pay any fee that the rules assign to a consumer claimant to the extent required. The parties acknowledge California Code of Civil Procedure §§ 1281.97 and 1281.98 regarding timely payment of arbitration fees.
16.5 Class action waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding. If this Section 16.5 is found unenforceable as to any claim or any request for relief, that claim or request must be severed from the arbitration and brought in the courts identified in Section 15, and the remainder of this Section 16 remains in force as to all other claims.
16.6 Public injunctive relief. Notwithstanding anything to the contrary, nothing in these Terms waives, or may be construed to waive, any party’s right to seek public injunctive relief in any forum. Consistent with McGill v. Citibank, N.A., any claim for public injunctive relief is severed from arbitration and stayed pending completion of the arbitration of all arbitrable claims, and will then proceed in the courts identified in Section 15.
16.7 Exceptions. Either party may (a) bring an individual action in small claims court for claims within that court’s jurisdiction, and (b) seek temporary or preliminary injunctive relief in court to prevent unauthorized use or misuse of Products, misuse of intellectual property, or breach of Section 2, without waiving this Section.
16.8 Coordinated filings. If 25 or more similar demands for arbitration are filed against HMD Scientific by or with the assistance of the same counsel or coordinated entity, the demands will be administered in staged batches of no more than 50, each batch with a single arbitrator, and limitations periods for demands in later batches are tolled while earlier batches proceed.
16.9 Right to opt out. You may opt out of Sections 16.2 through 16.5 and 16.8 by sending written notice to compliance@hmdscientific.com with the subject line “Arbitration Opt-Out,” stating your name, account email, and intent to opt out, within 30 calendar days of the date you first accept these Terms. Opting out does not affect any other part of these Terms and will not affect your account or your ability to purchase.
16.10 Survival. This Section survives termination of your account and any expiration of these Terms.
17. General Provisions
17.1 Changes to these Terms. HMD Scientific may modify these Terms at any time. The revised version takes effect when posted with an updated “Effective Date,” and, for material changes, we will additionally provide notice by email to the address on your account or by a notice on the Site at least 15 days before the change takes effect. The Terms in force at the time you submit an order govern that order. Your continued use of the Site or submission of any order after the effective date of a change constitutes acceptance of the revised Terms. If you do not accept a change, your sole remedy is to stop using the Site and to close your account. Changes to Section 16 will not apply retroactively to any dispute of which HMD Scientific had written notice before the change.
17.2 Changes to Products and the Site. HMD Scientific may add, modify, restrict, or discontinue any Product, specification, or Site feature at any time without notice or liability.
17.3 Force majeure. HMD Scientific is not liable for any delay or failure to fulfill its obligations caused by an event beyond its reasonable control, including acts of God, weather, fire, flood, earthquake, epidemic, labor disruption, carrier failure, supplier failure, utility or network outage, act of civil or military authority, or change in law.
17.4 Severability. If any provision of these Terms is held unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions remain in full force.
17.5 No waiver. No failure or delay in exercising any right is a waiver of that right. A waiver is effective only if in writing and signed by an authorized representative of HMD Scientific.
17.6 Assignment. You may not assign or transfer these Terms or any right under them without HMD Scientific’s prior written consent; any attempted assignment is void. HMD Scientific may assign these Terms without restriction.
17.7 No agency. Nothing in these Terms creates any partnership, joint venture, agency, franchise, employment, or fiduciary relationship between the parties.
17.8 Electronic communications. You consent to receive communications from HMD Scientific electronically, including these Terms, policy updates, order and shipment notices, and legal notices, and agree that electronic communications satisfy any requirement that a communication be in writing.
17.9 Marketing communications. If you opt in to receive email from HMD Scientific, you may withdraw consent at any time using the unsubscribe link in any message or by emailing support@hmdscientific.com. Withdrawal does not affect transactional messages relating to your orders or account.
17.10 Notices. Notices to you may be sent to the email or postal address on your account. Notices to HMD Scientific must be sent to compliance@hmdscientific.com and, for legal notices, by mail to HMD Scientific LLC, 808 Wilshire Blvd, Suite 200, Santa Monica, CA 90401, Attn: Legal Notices.
17.11 Entire agreement. These Terms, together with the Shipping Policy, Refund & Return Policy, Chargeback & Complaint Policy, and Privacy Policy, constitute the entire agreement between you and HMD Scientific regarding the Site and Products, and supersede all prior or contemporaneous understandings, communications, and proposals, whether oral or written. No purchase order, terms of purchase, or other document issued by Buyer adds to or varies these Terms, and any such document is expressly rejected.
17.12 Survival. Sections 2, 8.2, 9, 11, 12, 13, 14, 15, 16, and 17 survive termination.
17.13 Headings. Headings are for convenience only and do not affect interpretation.
18. California Consumer Notice
18.1 Provider identity. The Site and the Products are provided by HMD Scientific LLC, 808 Wilshire Blvd, Suite 200, Santa Monica, CA 90401, United States.
18.2 Complaints. Complaints regarding the Site, the Products, or any transaction may be sent to compliance@hmdscientific.com, by telephone on (424) 407-1871, or in writing to the address in Section 18.1. We respond to enquiries within one business day.
18.3 California Department of Consumer Affairs. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
19. Contact
Questions or comments about these Terms may be directed to:
HMD Scientific LLC
808 Wilshire Blvd, Suite 200
Santa Monica, CA 90401
United States
support@hmdscientific.com — orders, shipping, and lot documentation
compliance@hmdscientific.com — compliance, complaints, and disputes
(424) 407-1871 — Monday to Friday, 9:00 to 17:00 Pacific
By acknowledging the entry gate, registering for an account, or placing an order, you acknowledge that you have read and agree to these Terms of Sale and Use.