Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and PowerBuiltLabs ("PowerBuiltLabs," "we," "us," or "our") governing your access to and use of powerbuiltlabs.com, its subdomains, and any related services, content, accounts, and purchases (collectively, the "Services"). By accessing the Services, creating an account, or placing an order, you agree to these Terms, our Privacy Policy, our Research Use Only / Compliance & Safety Disclaimer, and all other policies referenced here, each of which is incorporated by reference.

If you do not agree to these Terms, do not access or use the Services. We may update these Terms from time to time; the version in effect at the time of your order governs that order, and your continued use after an update constitutes acceptance of the revised Terms.

You must be at least 21 years old, have the legal capacity to enter into a binding contract, and be acting as, or on behalf of, a qualified researcher or research institution to use the Services or purchase any product. By using the Services you represent and warrant that you meet these requirements.

The Services are intended for users located in the United States. We do not target or knowingly serve users in jurisdictions where the Services or products are prohibited, and you are responsible for compliance with the laws applicable to you.

All products sold by PowerBuiltLabs are research-grade materials intended strictly for in-vitro laboratory research and development use by qualified persons. Products are NOT drugs, dietary supplements, food, cosmetics, or medical devices. They are not for human or animal consumption, ingestion, injection, inhalation, or any in-vivo, diagnostic, therapeutic, or clinical use.

Products have not been evaluated or approved by the U.S. Food and Drug Administration (FDA) or any other regulatory authority for any use. We make no medical or health claims of any kind. Your purchase and use of any product is governed by, and you agree to, our Research Use Only / Compliance & Safety Disclaimer.

Some features require an account. You agree to provide accurate, current, and complete information, to keep it updated, and to maintain the confidentiality of your sign-in credentials and one-time codes. You are responsible for all activity under your account.

We may suspend or terminate accounts that we reasonably believe have provided false information, violated these Terms, or pose a risk to us, other users, or third parties. Notify us promptly at [email protected] of any unauthorized use.

All orders are offers to purchase and are subject to our acceptance. We may accept, decline, limit, or cancel any order in whole or in part for any lawful reason, including suspected fraud, errors in pricing or product information, unavailability, or non-compliance with these Terms.

• Prices, promotions, and availability are subject to change without notice and may contain errors, which we may correct (including after an order is placed).
• We may limit quantities, refuse service, or require additional verification before fulfilling an order.
• Displayed reference or “list” prices, where shown crossed out, are illustrative comparison prices; the amount you pay is the price stated at checkout.
• You are responsible for any applicable taxes and for ensuring the accuracy of your shipping and billing information.

Payments are processed by third-party payment providers (including our payment gateway and its processors, and supported methods such as cards, Apple Pay, Google Pay, and other options presented at checkout). By submitting payment information you authorize us and our providers to charge the applicable amount. We do not store full card numbers on our servers.

You represent that you are authorized to use the payment method provided. If a charge is reversed, disputed, or fails, we may suspend fulfillment, cancel the order, and recover amounts owed, including through collection.

Shipping is governed by our Shipping Policy. Returns and refunds are governed by our Returns & Refund Policy. Recurring/subscription purchases are governed by our Subscription & Auto-Renewal Terms. Each of those policies is part of these Terms.

Your use of the Services is subject to our Acceptable Use Policy. You agree not to misuse the Services or products, not to use them for any unlawful purpose, and to comply with all applicable laws, regulations, and third-party rights.

The Services and all content, trademarks, logos, text, graphics, product imagery, and software are owned by or licensed to PowerBuiltLabs and are protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for their intended purpose. You may not copy, reproduce, scrape, republish, or create derivative works without our prior written consent.

THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

You assume all risk associated with handling, storing, and using research materials, and you are solely responsible for using appropriate safety practices and for any consequences of your use or misuse. See our Research Use Only / Compliance & Safety Disclaimer.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POWERBUILTLABS AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to indemnify, defend, and hold harmless PowerBuiltLabs and its affiliates and personnel from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use or misuse of the Services or products, your violation of these Terms or any law, or your infringement of any third-party right.

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to the arbitration provision below, you agree to the exclusive jurisdiction of the state and federal courts located in Texas.

Binding arbitration and class-action waiver

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by final and binding individual arbitration administered under the Federal Arbitration Act, rather than in court, except that either party may bring a qualifying claim in small-claims court. YOU AND POWERBUILTLABS AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. You may opt out of arbitration within 30 days of first accepting these Terms by emailing [email protected] with your name and a statement that you opt out.

We may modify or discontinue the Services at any time. If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. These Terms, together with the policies referenced here, constitute the entire agreement between you and PowerBuiltLabs regarding the Services.

Questions about these Terms? Contact PowerBuiltLabs, Spring, TX 77380, USA, or email [email protected].