Purchasing Terms & Conditions

Purchasing Terms and Conditions

BY PLACING AN ORDER FOR SERVICES FROM RESEARCH AND ME, BUYER AFFIRMS THAT THEY ARE OF LEGAL AGE TO ENTER INTO THIS E-COMMERCE TRANSACTION, AND ACCEPTS TO BE BOUND BY THESE TERMS AND CONDITIONS. BUYER AFFIRMS THAT IF BUYER PLACES AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, BUYER HAS THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

BUYER MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF BUYER (i) DOES NOT AGREE TO THESE TERMS; (ii) IS NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH RESEARCH AND ME LLC.; OR (iii) IS PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR PRODUCTS BY APPLICABLE LAW. 

1. Applicability. These Terms and Conditions apply to the purchase of the services (“Services”) through ResearchAndMe.com or any of its affiliates(the “Site”), and are subject to change by Research And Me LLC (“Research And Me”) without prior written notice at any time. Any changes to these Terms and Conditions will be in effect as of the “Last Updated Date” referenced on the Site. By entering into an e-commerce transaction to purchase any Service through the Site (an “Order”), Buyer affirms that is has reviewed these Purchasing Terms and Conditions prior to purchasing such Service.  Buyer’s continued use of the Site after the “Last Updated Date” will constitute Buyer’s acceptance of and agreement to any such changes.  These Purchasing Terms and Conditions take precedence over any and all other terms and conditions and agreements that may be in place between Research And Me and Buyer for this Order.
   
   
2. Acceptance. All purchases by Buyer are expressly limited and conditioned upon acceptance of these Terms and Conditions, and Research And Me expressly rejects any provision, printed or otherwise contained in any Order, acceptance, confirmation, acknowledgement, or other Buyer communication which is inconsistent with, different from, or in addition to these Purchasing Terms and Conditions unless specifically agreed to in writing by Research And Me. Performance under any Order does not constitute acceptance of any Buyer terms. Research And Me will not be deemed to have waived these Purchasing Terms and Conditions if it fails to object to provisions submitted by Buyer. Buyer’s use of the e-commerce Site for any purchase constitutes its acceptance to these Purchasing Terms and Conditions. If Buyer places an Order under these Purchasing Terms and Conditions, Research And Me will have an opportunity to review and make comments to the contents of the Order. Research And Me’s comments will be deemed accepted and incorporated into the Order unless Buyer specifically objects in writing within ten (10) days. Research And Me reserves the right to reject any Order submitted by Buyer.
   
   
3. Taxes. When used in these Terms and Conditions, taxes means any and all federal, state, municipal, value-added, or other governmental entity’s excise, sales, use, or any other tax or customs duties now in force or enacted in the future (“Taxes”). Buyer is responsible for including any applicable sale-for-resale certificates (“Exemption Certificates”) with the Order. If no Exemption Certificate is included, Buyer will be charged for any and all Taxes applicable to the Order.
   
   
4. Payment. Research And Me accepts approved credit cards for all purchases.  Buyer represents and warrants that (i) the credit card information that Buyer supplies to Research And Me is true, correct, and complete, (ii) Buyer is duly authorized to use such credit card for the purchase, (iii) charges incurred by Buyer will be honored by Buyer’s credit card company, and (iv) Buyer will pay charges incurred by Buyer at the posted prices, including all applicable Taxes, if any, regardless of the amount quoted on the Site at the time of the Order.
   
   
5. Prices. The prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a Service will be the price advertised on this Site at the time the Order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in the Order confirmation email. Prices will exclude Taxes.  All such Taxes will be added to the total price and will be itemized in the shopping cart and in the Order confirmation email.  Research And Me reserves the right to correct any inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability at any time, and to cancel any Orders arising from such occurrences.
   
   
6. Confidentiality. Buyer may receive or become exposed to Research And Me’s confidential or proprietary information, including but not limited to designs, technical documents, instructions, trade secrets, data or know how pertaining to the Services covered under the Order (collectively “Confidential Information”). Confidential Information will not include information that: (a) is already known to Buyer prior to the disclosure by Research And Me without an obligation of confidentiality; (b) is or becomes available to the general public through no act or fault of Research And Me; or (c) is rightfully disclosed to Buyer by a third party without an obligation of confidentiality. Buyer agrees that it will maintain the Confidential Information of Research And Me in confidence and will use such information only for the purposes of the Order. Confidential Information may be disclosed by Buyer within its organization only to specific employees who have a need to know such information for the purposes of the Order and inform those employees of these Terms and Conditions. Buyer will not transmit or disclose Confidential Information to others without the prior written consent of Research And Me. Buyer warrants that it will not divulge, disclose or in any way distribute or make use of Confidential Information. Upon the earlier of: (i) termination; (ii) expiration; or (iii) completion of performance of Research And Me’s obligations under the Order, Buyer will return to Research And Me any Research And Me Confidential Information, including all copies thereof.
   
   
7. Limitation of Liability. WHETHER ARISING FROM BREACH OF CONTRACT, WARRANTY, TORT OR OTHERWISE, IN NO EVENT WILL RESEARCH AND ME BE LIABLE FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INDIRECT DAMAGES, LOSS OF PROFITS, LOSS OF REVENUES OR LOSS OF USE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES TO THE EXTENT PERMITTED BY APPLICABLE LAW. RESEARCH AND ME’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THE SUPPLY OF ANY SERVICE IS LIMITED TO THE ORDER PRICE FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM. 
   
   
8. Intellectual Property Liability. Research And Me will have no obligation to defend and no liability to Buyer for any costs, losses or damages, to the extent that an infringement allegation is based upon: (a) Buyer’s use of the Service in combination with any other Product, software or equipment; (b) Buyer’s use of the Service in a manner or for an application other than for which they were designed or intended, regardless of whether Research And Me was aware of or had been notified of such use; (c) Buyer’s use of the Services in a manufacturing or other process; (d) Research And Me’s compliance with Buyer’s particular design, instructions or specifications; or (e) Research And Me’s compliance with any industry or proprietary standard or Buyer’s use of the Services to enable implementation of any industry or proprietary standard. THIS SECTION STATES RESEARCH AND ME’S ENTIRE LIABILITY AND BUYER’S SOLE RECOURSE AND REMEDY WITH RESPECT TO INFRINGEMENT. ALL OTHER WARRANTIES AGAINST INFRINGEMENT OF ANY
   
   
9. Cancellation. Buyer may cancel an Order prior to Research And Me initiating the Service by contacting a Research And Me customer service representative by phone or by e-mail.  Buyer will be liable for any expenses associated with time, services, or other expenditures made by Research And Me in starting the fulfillment of the Order prior to receiving the cancellation notice.
   
   
10. Compliance with Laws. Buyer will: (a) comply with and ensure that Buyer’s Personnel comply with all applicable laws; all reasonable directions and orders given by Seller’s representatives which are in accordance with this Agreement; and all data protection, (b) obtain at Buyer’s expense any necessary licenses or permits for the Services pursuant to this Agreement; (c) where Seller is required to comply with any applicable laws with respect to its use of the Services, Buyer shall, upon written notice from Seller, cooperate with Seller in providing information or certification of the Services.
    
    
11. Force Majeure. Research And Me will not be liable to Buyer for any failure to meet its obligations arising out of causes beyond its reasonable control and without its fault or negligence, including, but not limited to, acts of God, acts of any Government authority (including, but not limited to the delay or refusal to issue an export license or its suspension or revocation), fires, floods, earthquakes, unusually severe weather, epidemics, quarantine restrictions, strikes, embargoes, seizure or freeze of assets, riots, strife, insurrection, civil disobedience, armed conflict, terrorism or war (declared or not), or impending threat of any of the foregoing (if reasonably expected to cause injury to people or property), shortages or inability to obtain materials or components, or delays of a subcontractor of Research And Me if such delay arises out of causes beyond the reasonable control of both Research And Me and the subcontractor. The due date of any performance affected by such an event will be extended by the period of time that Research And Me is actually delayed. If the inability to perform continues for longer than six (6) months, either party may terminate the affected Order by providing written notice to the other party.
    
    
12. Choice of Law and Disputes. Any and all disputes, disagreements or issues arising out of or in any way related to the Products or Research And Me’s performance under the Order will be governed by the laws of the State of Pennsylvania, without regard to its conflict of laws provisions.
    
    
13. Waiver.  The failure of a party to enforce any of the provisions of these Terms and Conditions or any Order will not waive that provision, nor will any such failure prejudice or affect the other party’s right to enforce that provision in the future
    
    
14. Notices.  Any notice between the parties relating to an Order will be in writing and in English, and if to Buyer, to Buyer’s authorized representative or, if to Research And Me, to Research And Me’s authorized representative at info@researchandme.com.
    
    
15. Headings. Headings set forth in these Terms and Conditions are for convenience of reference only and do not alter the meaning, content, or enforceability of any provision hereof.
    
    
16. Severability. In the event any provision of these Terms and Conditions is held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions will not be affected and, in lieu of such invalid or unenforceable provision, there will be added automatically as part of these Terms and Conditions provisions as similar in terms as may be valid and enforceable under applicable law.
    
    
17. Survivability. Upon expiration, completion or termination of the Order, all rights, duties, and obligations which by their nature should remain in force beyond the expiration, completion or termination of the Order.
    
    
18. Entire Agreement. These Terms and Conditions represent the entire agreement and understanding of the parties hereto and supersede all prior negotiations, discussions, correspondence, communications, understandings, representations and agreements, oral or written between the parties relating to the Order.