Terms of Sale and Use

1. Acceptance

These terms form an agreement between you and H2Op Brands, Inc., trading as NuuVive (“NuuVive”, “we”, “us”). By using this site, creating an account or placing an order you accept them. If you do not accept them, do not use the site.

The following documents are incorporated into this agreement and form part of it: the Research Use Policy, the Privacy Policy, the Cookie Policy, the Refunds & Returns Policy and the Shipping Policy. Where a conflict exists, the Research Use Policy prevails.

2. Eligibility

You must be at least 21 years of age to use this site or to place an order. We may cancel any order and close any account where we believe the purchaser is under 21.

We sell to purchasers acquiring materials for laboratory research use. We do not sell to patients, and we do not sell for personal use of any kind.

3. Research use only

All products supplied by NuuVive are supplied strictly for laboratory research use. They are not supplied for use in humans or animals, and may not be resold, labeled, or represented for any such use.

NuuVive products are sold by H2Op Brands, Inc., a distributor of research materials. H2Op Brands, Inc. is not a compounding pharmacy or chemical compounding facility as defined under 503A of the Federal Food, Drug, and Cosmetic Act. H2Op Brands, Inc. is not an outsourcing facility as defined under 503B.

The Research Use Policy is incorporated into these terms in full and states the complete restrictions on use, our enforcement practice, and your responsibilities under local law. By ordering you make the representations set out in section 5 of that policy, including that you are at least 21, that you are acquiring the material for laboratory research use only, and that you will not use it or permit it to be used in any way that policy prohibits.

Enforcement is not discretionary. Where a customer states, implies, requests or asks about human or animal use in any communication with us, we cancel the order and permanently close the account, on the terms set out in section 6 of that policy.

4. Accounts

You must provide accurate account and delivery information and keep it current. You are responsible for activity under your account and for keeping your credentials secure. One account per purchaser. Tell us promptly if you believe your account has been used without your authorization.

5. Orders, pricing and payment

An order is an offer to buy. No contract is formed until we accept the order, which we do when we dispatch it. We may decline or cancel any order before dispatch, in whole or in part, for any reason, including suspected prohibited use, suspected fraud, payment failure, pricing or stock error, or a shipping restriction at the destination.

Prices are shown in US dollars and exclude tax and shipping, which are calculated and displayed at checkout before payment. You review the full order total, including tax and shipping, on an order review step before any payment is taken. We correct pricing and stock errors and will cancel and refund rather than fulfill an order priced in error.

Payment is by Venmo to @NuuVive, sent after the order is placed, for the exact order total with the order number in the note, or in USDC on the Solana network, for the exact amount shown on the order page, sent to the wallet address shown there. A USDC payment counts once it is final on the Solana network. An order is not accepted or dispatched until its payment has arrived, and is canceled automatically if it is still unpaid 48 hoursafter it was placed. Online card payment is not yet available; when it opens, the card payment step will be handled by our payment provider on its own secure page; we will not receive or store your full card details.

6. Shipping, title and risk

Shipping destinations, processing times, carriage and handling are set out in the Shipping Policy. Delivery estimates are estimates, not guarantees.

Title and risk of loss pass to you on delivery to the address you provide. You are responsible for the accuracy of that address and for the safe storage, handling and disposal of the material after delivery.

7. Refunds and returns

Refunds, returns, cancellations, damaged or missing shipments, and our purity guarantee are governed entirely by the Refunds & Returns Policy. That policy is the single statement of those terms; nothing in these terms adds to, limits or overrides it.

8. Prohibited conduct

You may not:

• use, or permit any person to use, a material in any way prohibited by the Research Use Policy;
• resell, relabel, repackage or redistribute a material, or represent it as fit for any use we do not supply it for;
• export or re-export a material in breach of any applicable export control or sanctions law;
• provide false account, delivery, payment or identity information, or place an order on another person’s payment instrument without authority;
• scrape, mirror or systematically copy the site, interfere with its operation, or attempt to access accounts, systems or data you are not entitled to.

9. Suspension and termination

We may suspend or close an account, cancel pending orders and refuse future orders where these terms or the Research Use Policy are breached, where we suspect fraud or unauthorized payment, or where continued supply would expose us to legal risk. Closure for a breach of the Research Use Policy is permanent.

Where an order is canceled as a result, the Refunds & Returns Policy determines what is refunded.

10. Intellectual property

The NuuVive name and marks, the site design, photography, written content, specifications, lab report pages and lot records are owned by us or our licensors. You may view and print this material for your own internal use. You may not copy, republish or use it commercially without our written permission.

11. Warranties and disclaimer

We warrant that, at the time of dispatch, a material conforms to the identity stated on its product page. Purity and identity discrepancies are handled under section 5 of the Refunds & Returns Policy. That is the entire warranty we give.

We give no other warranty, express or implied, and to the fullest extent permitted by law we disclaim the implied warranties of merchantability and fitness for a particular purpose. We make no representation about the results of any research you conduct, and no representation of any kind about use in a human or an animal, which is prohibited.

12. Limitation of liability

To the fullest extent permitted by law, our total liability arising out of or relating to an order, a material, or your use of this site is limited to the amount you paid for the material giving rise to the claim.

We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data or lost research work, however caused. We are not liable for any loss arising from use of a material in any way the Research Use Policy prohibits, including any use in or on a human or an animal.

Nothing in these terms excludes liability that cannot lawfully be excluded.

13. Indemnification

You will indemnify and hold harmless NuuVive, its officers, employees and suppliers against any claim, loss, liability, penalty or expense, including reasonable legal fees, arising from your breach of these terms or of the Research Use Policy, your handling, use, transfer or disposal of a material, or your breach of any law applicable to you.

14. Governing law and disputes

These terms are governed by the laws of California, United States, without regard to its conflict of laws rules. The courts of California have exclusive jurisdiction, and you and we each submit to that jurisdiction.

Before starting proceedings, please contact us so we can try to resolve the matter directly. Most disputes are resolved this way.

15. Changes

We may change these terms. The version in force for an order is the version published when the order was placed, and we retain prior versions. The date at the top of this page shows when it last changed. Continued use of the site after a change means you accept the current version.

16. Contact

H2Op Brands, Inc., 1968 S. Coast Hwy #6217, Laguna Beach, CA 92651. Contact details are on the contact page.