TERMS and CONDITIONS

INTENDED USE and RESTRICTED SALES STATEMENT

This is to inform our new and existing customers of the policies to which AGERA® adheres and the conditions of sale.

Restricted products include Professional Products, among others not specified here. The sale of Restricted Products are governed by policy, regulation and/or law and are offered here for sale only to qualified persons, entities and organizations that have the proper credentials to purchase, use and possess Restricted Products.

Restricted products are intended to be provided by a physician to members of the staff, in a medical facility for the use and benefit of the patients. The medical facility shall be identified as the physician’s place of business and may include a clinic, private practice office, or any state licensed hospital or facility to which the physician has admission privileges. If the physician is titled “Medical Director” for another location other than his own, his name must be in a visible location of said facility.

These restricted products are not to be sold in non-medical locations, to a third party for resale, or for any other distribution than originally intended. Any practice, performance, application, or use of the products, which constitutes a modification, is done at the discretion of the physician, thereby removing AGERA® from any and all liability.

The physician is responsible for the proper administration of the products by oneself, members of the staff, or any personnel acting under the physician’s direction. The physician agrees to completely indemnify AGERA® or any and all of its direct or contracted employees, and hold harmless from liability which may result from the use of the products not in accordance with the professional standards of the AMA or AGERA® guidelines.

By accessing or using the website, you are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the site.

AGERA® reserves the right to change these Terms of Use at any time, with or without notice to you, and you agree that each visit to the website shall be subject to the current Terms of Use. Accordingly, you should check these Terms of Use periodically for changes prior to using the website.

WHOLESALE ONLY SALES STATEMENT

AGERA® values its customers and protects their interests as it relates to the purchase of our products. AGERA® is a wholesale only distributor of products to purchasers with approved accounts and credentials on file. There are NO RETAIL SALES available from AGERA® to unqualified parties, persons or organizations – this policy is to protect our customers. For retail sales information you may contact AGERA® and provide us with information as to your general location and we will provide you with contact information for reputable, qualified retail outlets in your area.

To purchase from AGERA® you must apply for an account, supply proper credentials and be approved by AGERA® before you may purchase products.

Agera labs currently has offices in Pennsylvania, Delaware, Florida and Texas – these states require that AGERA® have a copy of a business a Resale Certificate on file. Failure to provide a valid Resale Certificate will result in the collection of sales tax.

AGERA® is the sole decision maker as to whether a person, entity or organization is eligible and qualified as a wholesale buyer or not.

COPPA STATEMENT

The Children’s Online Privacy Protection Act, effective April 21, 2000, applies to the online collection of personal information from children under 18. AGERA® does not accept any information or knowingly communicate with children under the age of 18.