This is the Waiver Agreement that applies when you buy research products from peptriva. In it, “peptriva,” “we,” “us,” and “our” refer to Wayne Ventures SEZC, a Cayman Islands company trading as Peptriva; “you” and “your” refer to you, the customer. By creating an account, completing the 21+ and Qualified Researcher attestation at checkout, or placing an order on peptriva.com (the “Site”), you agree to the terms set out below. This Waiver supplements — and does not limit — our Website Terms and Conditions and the other policies posted on the Site.
Read this carefully. The Waiver includes an acknowledgment of risk, a release of claims against peptriva, an indemnification obligation, and covenants governing how you handle and dispose of research products. The rest of this page is written in plain English so you can read it before you check the attestation box.
1. Research Use Only / Acknowledgment of Regulatory Status
You acknowledge and agree that:
- All products sold by peptriva (“Research Products”) are intended exclusively for in vitro research use by qualified researchers in compliance with applicable laws and accepted laboratory practice.
- Research Products are not drugs, dietary supplements, foods, cosmetics, or medical devices, and have not been evaluated or approved by the U.S. Food and Drug Administration (FDA) or any comparable foreign regulatory authority for safety, efficacy, or fitness for any human or veterinary use.
- Peptriva is a chemical and research-material supplier. Peptriva is not a compounding pharmacy under section 503A of the Federal Food, Drug, and Cosmetic Act, an outsourcing facility under section 503B, a pharmacy, a medical practice, or a healthcare provider.
- Peptriva makes no representations regarding outcomes for any human or animal subject and provides no human-use, dosing, diagnostic, or therapeutic guidance. Educational and scientific content on the Site references published research only.
2. Customer Representations and Covenants
You represent, warrant, and covenant that:
- You are at least 21 years of age and have legal capacity to enter into this Waiver.
- You are a Qualified Researcher (as defined in the Website Terms and Conditions) acquiring Research Products solely for bona fide laboratory research.
- You will not, and will not permit anyone else to, ingest, inject, inhale, apply topically, administer, or otherwise introduce any Research Product into the body of any human being (including yourself) or any animal, whether for therapeutic, diagnostic, cosmetic, athletic-performance, recreational, or any other in vivo purpose.
- You will not resell, repackage, relabel, compound, dilute, reconstitute, or distribute any Research Product to any consumer or patient, or hold out any Research Product as a drug, dietary supplement, food, cosmetic, or medical device.
- You will handle, store, transport, document, and dispose of Research Products in accordance with applicable laws (including FDA, DEA, EPA, OSHA, USDA, U.S. Customs and Border Protection, state, local, and any applicable foreign requirements), institutional policies, and accepted laboratory safety standards. Disposal of unused Research Products and laboratory waste is your sole responsibility.
- You are solely responsible for verifying that the import, possession, use, and disposal of any Research Product is lawful in your jurisdiction, and you will not place or accept delivery of any order in any jurisdiction where it would be unlawful to do so.
- If you are purchasing on behalf of an organization, you have authority to bind that organization to this Waiver and to make all of the foregoing representations on its behalf.
3. Assumption of Risk
You acknowledge that experimental research compounds carry inherent risks and uncertainties, including chemical instability, contamination, allergic or toxic responses on contact, incompatibility with experimental conditions, and unknown or unforeseeable hazards. Research Products have not been characterized for safety in humans or animals. You voluntarily and knowingly assume all such risks associated with the purchase, possession, transport, storage, handling, use, and disposal of Research Products by you and any person or entity to whom you provide them.
4. Release of Claims
To the fullest extent permitted by law, in consideration of being permitted to purchase Research Products, you hereby release, discharge, and waive any and all claims, demands, causes of action, suits, judgments, and liabilities of any kind, whether known or unknown, foreseeable or unforeseeable, against peptriva and its affiliates, parents, subsidiaries (including, for the avoidance of doubt, Wayne Ventures SEZC, a Cayman Islands company trading as Peptriva), officers, directors, employees, agents, contractors, suppliers, service providers, and licensors (collectively, the “Released Parties”), arising from or related to the purchase, possession, transport, storage, handling, use, misuse, disposal, or transfer of Research Products, including, without limitation, any personal injury, illness, disability, death, property damage, regulatory action, financial loss, or any other harm, whether direct or indirect.
This release does not apply to (and you do not release) any liability that cannot be released or limited under applicable law, including liability for fraud, willful misconduct, or, where applicable law so requires, gross negligence.
5. Indemnification
You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, losses, damages, fines, penalties, regulatory actions, and expenses (including reasonable attorneys’ fees and expert-witness fees) arising out of or related to:
- (a) your breach of this Waiver, the Website Terms and Conditions, or any applicable law;
- (b) your handling, storage, use, or disposal of Research Products;
- (c) any administration, ingestion, injection, inhalation, application, or other in vivo use of any Research Product (whether by you or by any person to whom you transferred a Research Product), and any injury, illness, death, regulatory action, or other harm arising therefrom;
- (d) any repackaging, relabeling, compounding, dilution, reconstitution, or downstream resale of any Research Product by you or any person to whom you transferred a Research Product;
- (e) misrepresentation of researcher status, age, identity, or jurisdiction; and
- (f) infringement or misappropriation of any third-party right by you or your activities.
6. Disclaimer of Warranties; Limitation of Liability
Except for batch-level conformance to peptriva’s published Certificate of Analysis specifications for the specific lot delivered, Research Products are provided “AS IS” and “AS AVAILABLE.” Peptriva disclaims all other warranties, express or implied, to the fullest extent permitted by law, including any implied warranties of merchantability, fitness for a particular purpose, fitness for human or veterinary use, durability, title, and non-infringement. Without limiting the foregoing, peptriva makes no representation or warranty that any Research Product is safe or effective for any in vivo, human, veterinary, clinical, or therapeutic use; any such use is expressly prohibited by these Terms and is undertaken at the user’s sole risk.
In no event shall the Released Parties’ aggregate liability under this Waiver exceed the lesser of (i) the amount you paid peptriva for the specific Research Product giving rise to the claim in the six (6) months preceding the event giving rise to liability, or (ii) one hundred dollars ($100), to the fullest extent permitted by applicable law. This limitation extends to all liability, including for personal injury and wrongful death, to the extent permitted by law.
7. Successors; Binding Effect
This Waiver applies to you and to your heirs, executors, administrators, successors, and assigns, and inures to the benefit of the Released Parties and their successors and assigns.
8. Governing Law; Venue; Arbitration
This Waiver is governed by the laws of the Cayman Islands, without regard to its conflicts-of-laws principles. Any dispute arising out of or relating to this Waiver is subject to the dispute-resolution provisions in the Website Terms and Conditions, including the binding individual arbitration, class-action waiver, jury-trial waiver, and bilateral fee-shifting for frivolous claims set forth therein.
9. Severability; Entire Agreement
If any provision of this Waiver is held unenforceable, the remaining provisions remain in full force and effect. This Waiver, together with the Website Terms and Conditions and the other policies posted on the Site, constitutes the entire agreement between you and peptriva concerning its subject matter.
10. Acknowledgment
By checking the 21+ and Qualified Researcher attestation box at checkout, or by placing an order on the Site, you acknowledge that you have read and understood this Waiver, that you are giving up substantial legal rights, and that you are entering into the Waiver voluntarily in consideration of being permitted to purchase research products from peptriva.