Terms & Conditions

These Terms and Conditions govern access to and use of the Xseer Pharmaceuticals website, Customer Portal, account-registration system, online ordering functions, SMS communications, and related services.

In these Terms, “Xseer,” “we,” “us,” and “our” refer to Xseer Pharmaceuticals. “You” and “your” refer to the individual accessing the website and, when applicable, the organization on whose behalf that individual is acting.

By accessing or using the website, creating an account, checking a box indicating acceptance, submitting an order, or separately consenting to receive SMS communications, you acknowledge that you have read and agree to these Terms and our Privacy Policy.

If you are acting on behalf of a healthcare facility, pharmacy, company, research organization, or another legal entity, you represent that you are authorized to accept these Terms on its behalf.

If you do not agree to these Terms, do not use the website, create an account, place an order, or opt in to Xseer’s SMS program.

 

1. Scope of These Terms

These Terms apply to:

• The Xseer Pharmaceuticals website
• Customer account registration
• The Xseer Customer Portal
• 503B product information and ordering
• Account and license verification
• Order processing and payment
• Shipping and delivery
• Customer-support communications
• Transactional and service-related SMS communications
• CDMO, manufacturing, formulation, packaging, CMC, and laboratory inquiries
• Product-quality complaints and adverse-event reporting
• Other website-based interactions with Xseer

 

Specific products or services may also be governed by an order confirmation, invoice, quotation, proposal, purchase agreement, master services agreement, statement of work, confidentiality agreement, quality agreement, laboratory agreement, or other written contract.

When a separate written agreement conflicts with these Terms, the separate written agreement controls with respect to the subject matter it covers.

 

2. Business-to-Business Services

Xseer primarily provides pharmaceutical products and services to qualified businesses and professional organizations.

Our operations include two complementary business lines:

 

503B Outsourcing Facility

Xseer manufactures and supplies eligible office-use compounded drug products to qualified healthcare organizations.

 

Contract Development and Manufacturing Organization

Xseer provides pharmaceutical and biotechnology organizations with development, analytical testing, manufacturing, packaging, CMC, and related services.

Access to general website content does not establish a customer, supplier, development, manufacturing, laboratory, or other contractual relationship with Xseer.

 

3. Eligibility to Use the Website and Customer Portal

You must be at least 18 years old and legally capable of entering into a binding agreement to create an account, submit an order, or use restricted website functions.

When acting for an organization, you represent that:

• You are authorized to act for the organization
• The information you submit is accurate and complete
• You are authorized to provide the submitted business, licensing, billing, and shipping information
• You are authorized to place orders or request services on behalf of the organization
• Your use of the website and services complies with applicable law and organizational policy

 

The Xseer Customer Portal is not intended for use by individual patients or consumers seeking to purchase pharmaceutical products for personal use.

 

4. 503B Customer Eligibility

Xseer supplies 503B products only to healthcare organizations that satisfy Xseer’s account-verification and purchasing requirements.

Eligible organizations may include:

• Medical clinics
• Physician practices
• Infusion centers
• Medical wellness practices
• Pharmacies
• Hospitals
• Health systems
• Authorized healthcare purchasing organizations
• Other appropriately licensed healthcare facilities

 

Registration does not guarantee approval.

Xseer may approve, reject, restrict, suspend, or terminate an account based on factors including:

• Facility type
• Licensing status
• Professional credentials
• Business records
• NPI or other healthcare identifiers
• Purchasing authority
• Shipping destination
• Regulatory eligibility
• Payment status
• Account activity
• Product-diversion or safety concerns
• Compliance with these Terms

 

Xseer may request additional information or documentation at any time.

 

5. Account Registration and Verification

You agree to provide current, complete, accurate, and verifiable information during registration and throughout the account relationship.

You must promptly update Xseer if there is a change involving:

• Legal organization name
• Facility ownership
• Facility type
• Professional or facility licenses
• License restrictions, suspension, expiration, or revocation
• NPI or other healthcare identifiers
• Authorized representatives
• Billing information
• Shipping locations
• Contact information
• Purchasing authority

 

Xseer may verify submitted information against professional licensing records, NPI records, government databases, public business records, third-party verification services, or documentation provided by the organization.

Providing false, misleading, incomplete, expired, or unauthorized information may result in rejection or suspension of the account and cancellation of pending orders.

 

6. Account Security

You are responsible for protecting your username, password, authentication credentials, and account access.

You agree to:

• Use individual credentials rather than shared credentials
• Restrict account access to authorized personnel
• Maintain accurate account permissions
• Notify Xseer promptly of suspected unauthorized access
• Sign out of the Customer Portal when using shared devices
• Avoid transmitting credentials through unsecured channels

 

You are responsible for activity conducted through your account unless the activity resulted from a security failure caused by Xseer.

Xseer may suspend access when it reasonably suspects unauthorized activity, credential misuse, fraud, security threats, or violations of these Terms.

 

7. Current Geographic Availability

Xseer currently accepts standard 503B product orders for approved healthcare-facility locations within California.

Xseer may expand, restrict, suspend, or modify its geographic distribution area based on licensing, regulatory requirements, product availability, operational capability, shipping conditions, or other business considerations.

The current California limitation applies to Xseer’s 503B product distribution. CDMO, development, manufacturing, packaging, clinical supply, and laboratory projects are evaluated separately.

 

8. 503B Products and Regulatory Information

Xseer is registered with the U.S. Food and Drug Administration as a 503B outsourcing facility.

Compounded drug products are not FDA-approved finished drug products. FDA does not review compounded products through the premarket approval process used for FDA-approved drugs.

Registration as a 503B outsourcing facility does not constitute:

• FDA approval of Xseer
• FDA approval of a compounded product
• FDA certification of a facility
• A guarantee that a product is appropriate for a particular patient
• A substitute for the clinical judgment of a licensed healthcare professional

 

Xseer manufactures and distributes its 503B products subject to the regulatory framework applicable to registered outsourcing facilities, including applicable current Good Manufacturing Practice requirements, quality controls, product reporting, testing, documentation, and regulatory oversight.

 

9. Product Portfolio and Availability

Xseer’s product portfolio may evolve in response to:

• Healthcare-facility demand
• Patient and clinical needs
• Manufacturing priorities
• Material availability
• Regulatory requirements
• FDA-recognized drug shortages
• Product-development activities
• Testing and stability data
• Commercial and operational considerations

 

Products may be added, modified, temporarily unavailable, or discontinued.

The appearance of a product on the website, in a catalogue, in marketing material, or in the Customer Portal does not guarantee:

• Current inventory
• Immediate availability
• Future availability
• A specific release date
• Acceptance of a requested quantity
• Availability at a particular price

 

A product becomes available for distribution only after applicable manufacturing, testing, documentation review, and Quality Unit release activities have been completed.

 

10. Product Information and No Medical Advice

Website content concerning pharmaceutical products, ingredients, mechanisms, studies, administration routes, or clinical applications is provided for professional and informational purposes.

Xseer does not provide patient-specific medical advice through the website or Customer Portal.

Product information does not replace:

• Professional diagnosis
• Prescribing decisions
• Patient evaluation
• Clinical judgment
• Product labeling
• Facility protocols
• Applicable professional standards
• Applicable federal or state requirements

 

The prescribing or administering healthcare professional is responsible for determining whether a product is appropriate for a patient and for determining dosage, route, frequency, monitoring, and treatment protocol.

Patients should consult a qualified healthcare professional and should not rely on the website for diagnosis or treatment decisions.

 

11. Customer Portal Orders

Approved customers may submit standard 503B orders through the Xseer Customer Portal.

Submitting an order constitutes an offer to purchase the identified products under these Terms and any additional terms presented during checkout.

An automated acknowledgment, order number, or payment authorization does not necessarily constitute final acceptance.

Xseer may accept an order by:

• Sending an express order-acceptance notice
• Confirming that the order is being processed
• Preparing the order for delivery
• Shipping or delivering the product

 

Xseer may reject, limit, hold, or cancel an order because of:

• Account-verification issues
• License or credential concerns
• Product unavailability
• Requested quantities
• Shipping limitations
• Payment issues
• Pricing or system errors
• Suspected fraud or diversion
• Regulatory restrictions
• Safety or quality considerations
• Force majeure events
• Other reasonable operational concerns

 

Xseer may limit the quantity of a product available to a customer or facility.

 

12. Pricing, Taxes, and Payment

Prices displayed through the Customer Portal are subject to change unless otherwise confirmed in an accepted order, quotation, or written agreement.

Prices may exclude:

• Applicable taxes
• Shipping charges
• Delivery charges
• Handling charges
• Special packaging costs
• Expedited service charges
• Other disclosed transaction costs

 

Customers are responsible for applicable sales, use, excise, or other taxes unless a valid exemption certificate has been provided and accepted.

Payment terms are those displayed during checkout, stated on the invoice, or established in a separate written agreement.

You represent that you are authorized to use the payment method or purchasing account submitted with an order.

Xseer may use third-party payment processors. Payment processing may also be governed by the processor’s terms and privacy practices.

 

13. Order Changes and Cancellations

A customer may request an order change or cancellation before the order enters processing, preparation, packaging, or shipment.

Submitting a request does not guarantee that the order can be changed or canceled.

Xseer may reject a cancellation when:

• Processing has begun
• Product has been allocated
• Special packaging has been prepared
• The order has been transferred to a carrier
• The product has shipped
• The product was manufactured, packaged, tested, or procured specifically for the customer
• Another contractual restriction applies

 

Any approved refund, account credit, cancellation charge, or restocking charge will be determined according to the circumstances, applicable order documentation, and law.

 

14. Shipping and Delivery

Orders within an eligible Los Angeles delivery area may be delivered through Rx2Go.

Orders to approved California locations outside the eligible local-delivery area may be shipped through FedEx or another qualified carrier selected by Xseer.

Xseer may modify carriers or delivery methods when operationally necessary.

Delivery dates and times are estimates unless expressly guaranteed in writing.

Delivery may be affected by:

• Order-processing time
• Product-release status
• Customer location
• Carrier availability
• Weather
• Weekends or holidays
• Product-handling requirements
• Address or receiving restrictions
• Regulatory requirements
• Events beyond Xseer’s reasonable control

 

Customers must provide:

• A complete and accurate approved shipping address
• An authorized receiving contact
• Any facility access information required for delivery
• Appropriate personnel to receive and store the shipment
• Any other information reasonably required for compliant delivery

 

Xseer is not responsible for delays or delivery failures caused by incorrect customer information, unavailable receiving personnel, facility access restrictions, carrier disruptions, or events outside Xseer’s reasonable control.

 

15. Receipt and Inspection of Products

The receiving facility must promptly inspect each shipment.

Inspection should include:

• Shipping-container condition
• Evidence of damage or tampering
• Correct product
• Correct quantity
• Lot information
• Beyond-use or expiration information
• Temperature-monitoring information, when applicable
• Storage and handling requirements

 

The facility must promptly place the product under the storage conditions stated on the product label.

Any damage, discrepancy, suspected tampering, missing product, incorrect product, or suspected temperature excursion must be reported to Xseer promptly.

The customer must preserve the product, packaging, shipping materials, temperature-monitoring device, photographs, and supporting records until Xseer provides instructions.

 

16. Returns

Because pharmaceutical products may be temperature-sensitive, regulated, traceable, and subject to strict storage and chain-of-custody requirements, products may not be returned without prior written authorization from Xseer.

Do not ship a product back to Xseer unless Xseer has issued return instructions or a return authorization.

Return eligibility may depend on:

• Product condition
• Storage history
• Temperature history
• Chain of custody
• Lot information
• Product integrity
• Reason for the return
• Timing of the report
• Applicable regulatory requirements
• Applicable order or contract terms

 

Products that have left the approved distribution chain generally cannot be returned to saleable inventory.

An authorized return does not automatically entitle the customer to a refund or credit. Xseer will determine the appropriate resolution after reviewing the circumstances.

 

17. Product Storage, Handling, and Use

Customers are responsible for storing, handling, administering, dispensing, and documenting products in accordance with:

• Product labeling
• Storage requirements
• Beyond-use or expiration dates
• Applicable law
• Professional standards
• Facility policies
• Applicable clinical protocols

 

Customers must maintain appropriate lot traceability and distribution or administration records.

Customers may not:

• Use a product after its beyond-use or expiration date
• Use a product with compromised packaging or suspected loss of integrity
• Alter, obscure, remove, or replace product labeling
• Misrepresent the product, manufacturer, strength, formulation, or regulatory status
• Divert products to unauthorized individuals or locations
• Export products without required authorization
• Resell, redistribute, transfer, administer, or dispense products except as permitted by applicable law and the customer’s professional authority

 

Xseer may request documentation concerning storage, handling, distribution, or product use when investigating a complaint, discrepancy, recall, or regulatory issue.

 

18. Product Complaints, Adverse Events, Recalls, and Safety Communications

Customers must promptly notify Xseer of suspected:

• Product defects
• Labeling errors
• Damaged products
• Contamination
• Loss of sterility
• Temperature excursions
• Potency or quality concerns
• Adverse events
• Medication errors
• Counterfeit or diverted products

 

Customers must provide available product, lot, order, storage, handling, reporter, and event information.

Customers agree to cooperate with reasonable Xseer instructions involving:

• Product quarantine
• Investigation
• Sample return
• Record review
• Customer notification
• Product correction
• Market withdrawal
• Recall
• Regulatory reporting
• Other safety or quality actions

 

Urgent medical concerns require immediate evaluation by an appropriate healthcare professional or emergency service. Reporting an event to Xseer is not a substitute for emergency care or any separate reporting obligation applicable to a healthcare provider.

 

19. CDMO, Manufacturing, Packaging, CMC, and Laboratory Services

Website descriptions of CDMO, formulation, analytical, manufacturing, packaging, CMC, clinical supply, or laboratory capabilities are general descriptions and are not binding proposals or guarantees.

A project begins only after the parties complete any required technical review and enter into applicable written agreements.

Such agreements may include:

• Confidentiality agreement
• Proposal or quotation
• Master services agreement
• Statement of work
• Quality agreement
• Laboratory services agreement
• Technical agreement
• Supply agreement
• Change order
• Purchase order accepted by Xseer

 

Project scope, deliverables, specifications, timelines, pricing, intellectual-property rights, confidentiality, sample handling, data ownership, warranties, acceptance criteria, and liability are governed by the applicable written agreements.

Do not submit confidential trade secrets, proprietary formulations, patient information, controlled information, or sensitive technical documents through a general website form unless Xseer has authorized the submission method or an applicable confidentiality agreement is in place.

 

20. SMS Communications

 

SMS Consent

Xseer sends transactional and service-related SMS communications only after the recipient provides the applicable consent.

Submitting a general website form does not, by itself, constitute SMS consent unless the form includes a clear SMS disclosure and the individual takes a specific action indicating consent.

You may provide consent by:

• Selecting an unchecked SMS consent box
• Completing a designated SMS opt-in process
• Sending a keyword or message requesting SMS communication
• Providing consent through another clear and documented method

 

Where applicable, you authorize Xseer to send messages to the mobile number you provided, including messages delivered using automated technology.

Consent to receive SMS messages is not a condition of purchasing a product or service.

 

Types of SMS Messages

Messages may concern:

• Responses to inquiries
• Account-registration status
• Credential or license-verification requests
• Customer Portal support
• Order confirmations
• Order-status updates
• Shipping or delivery notifications
• Account-security notifications
• Customer-support communications
• Meeting or service reminders
• Product-quality or safety communications
• Other transactional communications described when consent is obtained

 

The current SMS program is intended for transactional and service-related communications.

Xseer will not send marketing or promotional automated SMS messages under this program unless the recipient separately provides any consent required for such messages.

 

Message Frequency and Charges

Message frequency varies according to account activity, inquiries, orders, deliveries, support requests, and other service interactions.

Message and data rates may apply according to your mobile-service plan.

Mobile carriers are not responsible for delayed or undelivered messages.

 

Opting Out

You may withdraw consent to receive SMS messages at any time.

You may opt out by:

• Replying STOP to an Xseer message
• Using another supported opt-out keyword
• Contacting Xseer through a reasonable method and requesting that SMS communications stop

 

After an opt-out request, Xseer may send one final message confirming the opt-out.

Xseer will process reasonable revocation requests as required by applicable law.

After opting out, you will not receive additional messages requiring the revoked consent unless you provide consent again.

Opting out of SMS messages does not prevent Xseer from communicating through email, telephone, the Customer Portal, postal mail, or another legally permitted channel concerning an account, order, legal notice, quality matter, recall, safety communication, or regulatory obligation.

 

SMS Help

Reply HELP to an Xseer SMS message for assistance.

You may also contact:

Email: support@xseerpharma.com
Phone: +1 888 658 8005

 

Mobile Information

Xseer does not sell mobile telephone numbers, mobile opt-in information, or SMS consent records.

Mobile opt-in information and SMS consent will not be shared with third parties or affiliates for their own marketing or promotional purposes.

Xseer may provide information to service providers that operate, secure, support, or deliver the messaging service solely as necessary to perform services on Xseer’s behalf.

SMS information is otherwise handled according to the Xseer Privacy Policy.

 

21. Electronic Communications

By using the website, Customer Portal, or electronic ordering system, you consent to receive records and communications electronically where permitted by law.

Electronic communications may include:

• Account notices
• Verification requests
• Order records
• Invoices
• Delivery information
• Policy notices
• Security notices
• Contractual communications
• Legally required notices

 

You are responsible for maintaining a current email address, mobile number, and authorized contact information.

Electronic records satisfy any requirement that a communication be provided in writing to the extent permitted by law.

 

22. Privacy

Xseer’s collection, use, disclosure, retention, and protection of personal information are described in the Xseer Pharmaceuticals Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference.

When a separate agreement governs protected health information, clinical information, employee information, or confidential project data, that agreement may impose additional privacy and security requirements.

 

23. Acceptable Use

You may use the website and Customer Portal only for lawful and authorized purposes.

You may not:

• Attempt to obtain unauthorized access
• Access another user’s account
• Impersonate another person or organization
• Submit false credentials or business information
• Use the website to commit fraud or product diversion
• Interfere with website or system security
• Circumvent access restrictions
• Probe or test system vulnerabilities without written authorization
• Introduce malware, viruses, ransomware, or harmful code
• Use automated tools to scrape or extract information without permission
• Copy or harvest account, customer, product, pricing, or contact data
• Reverse engineer website or portal systems
• Overload or disrupt website infrastructure
• Use content in a misleading or unlawful manner
• Violate intellectual-property rights
• Submit unlawful, defamatory, threatening, or harmful material
• Use general website forms to transmit unnecessary patient-identifiable medical information
• Violate pharmaceutical, healthcare, privacy, export, sanctions, or other applicable laws

 

Xseer may investigate suspected misuse and cooperate with lawful regulatory or law-enforcement requests.

 

24. Intellectual Property

The website and its contents are owned by or licensed to Xseer and are protected by applicable intellectual-property laws.

Protected content may include:

• Xseer names and trademarks
• Logos
• Website design
• Product photographs
• Graphics
• Text
• Videos
• Technical articles
• Product descriptions
• Software
• Portal features
• Databases
• Documents
• Downloadable materials

 

Xseer grants you a limited, revocable, nonexclusive, nontransferable license to access and use the website for legitimate internal business and informational purposes.

You may not reproduce, republish, distribute, modify, sell, license, commercially exploit, or create derivative works from protected website content without prior written permission.

Nothing in these Terms grants a license to use Xseer’s names, trademarks, trade dress, or logos.

 

25. Information and Materials You Submit

You represent that you have the right and authority to submit information, documents, files, photographs, and other materials provided to Xseer.

You retain ownership of materials you submit.

You grant Xseer and its authorized service providers a limited right to access, use, reproduce, transmit, and retain submitted materials as reasonably necessary to:

• Respond to your inquiry
• Verify an account
• Process an order
• Provide requested services
• Investigate quality or safety concerns
• Maintain records
• Protect security
• Comply with legal and regulatory obligations

 

This limited right does not transfer ownership of your confidential technical information or intellectual property.

Nothing in these Terms restricts a person from providing an honest review or expressing a lawful opinion about Xseer’s products, services, or conduct.

 

26. Third-Party Services and Links

The website and Customer Portal may use or link to third-party services, including:

• Payment processors
• Shipping carriers
• Local delivery services
• Scheduling platforms
• Mapping services
• Analytics providers
• Identity or license-verification services
• Cloud and communications providers

 

Third-party services may be governed by separate terms and privacy policies.

Xseer is not responsible for the content, availability, security, accuracy, or independent practices of third-party websites or services, except to the extent responsibility cannot be excluded under applicable law.

References to FedEx, Rx2Go, Microsoft, or another provider do not imply that the provider endorses Xseer.

 

27. Website Availability

Xseer may modify, suspend, restrict, or discontinue any website, portal, feature, or function.

Xseer does not guarantee that:

• The website will always be available
• Access will be uninterrupted
• All errors will be corrected immediately
• Every browser or device will be supported
• The website will be free from all security threats
• Content will remain unchanged
• A particular portal feature will always be available

 

Scheduled or emergency maintenance may temporarily affect access.

 

28. Disclaimer of Website Warranties

To the maximum extent permitted by law, the website, Customer Portal, and general website content are provided on an “as is” and “as available” basis.

Xseer disclaims implied warranties concerning the website and general website content, including implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement, to the extent such warranties may lawfully be disclaimed.

Product-specific or service-specific warranties, if any, are governed by the applicable product documentation, accepted order, invoice, proposal, or separate written agreement.

Nothing in these Terms excludes a warranty or obligation that cannot legally be excluded.

 

29. Limitation of Liability

To the maximum extent permitted by law, neither Xseer nor its officers, directors, employees, contractors, or agents will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from use of the website, Customer Portal, communications, products, or services, including lost profits, lost revenue, lost data, loss of goodwill, or business interruption.

Except for liability that cannot legally be limited, Xseer’s aggregate liability arising from a particular product, order, or service will not exceed the amount paid to Xseer for the specific product, order, or service giving rise to the claim.

These limitations do not apply to the extent prohibited by law or to liability arising from:

• Fraud
• Willful misconduct
• Gross negligence
• Death or personal injury where liability cannot be limited
• A confidentiality obligation expressly established in a separate written agreement
• Any other obligation that cannot legally be limited

 

Separate agreements may establish different liability provisions for CDMO, laboratory, manufacturing, development, packaging, or other contracted services.

 

30. Indemnification

To the extent permitted by law, you and the organization you represent agree to defend, indemnify, and hold harmless Xseer and its officers, directors, employees, agents, and contractors from claims, losses, liabilities, damages, penalties, costs, and reasonable legal fees arising from:

• False or unauthorized registration information
• Misuse of an account
• Unauthorized purchasing
• Product diversion
• Improper storage or handling after delivery
• Use inconsistent with product labeling or applicable law
• Unauthorized alteration or relabeling
• Unlawful resale, redistribution, transfer, export, administration, or dispensing
• Violation of these Terms
• Violation of third-party rights
• Your negligent, unlawful, or willful acts or omissions

 

This obligation does not apply to the extent a claim results from Xseer’s own negligence, willful misconduct, or other conduct for which indemnification cannot legally be required.

 

31. Suspension and Termination

Xseer may suspend or terminate website access, account access, purchasing privileges, or other services when reasonably necessary because of:

• Violation of these Terms
• License expiration, restriction, suspension, or revocation
• False registration information
• Unauthorized account activity
• Nonpayment
• Product diversion concerns
• Fraud or security threats
• Regulatory restrictions
• Safety or quality concerns
• Abusive conduct
• Legal requirements
• Discontinuation of a service

 

Termination does not eliminate payment obligations, record-retention obligations, product-quality obligations, or other duties that arose before termination.

Provisions concerning intellectual property, confidentiality, liability, indemnification, governing law, and other provisions that logically should survive will remain effective after termination.

 

32. Force Majeure

Xseer is not responsible for delay or failure caused by events beyond its reasonable control, including:

• Natural disasters
• Severe weather
• Fire
• Flood
• Earthquake
• Epidemic or pandemic
• War
• Terrorism
• Civil unrest
• Labor disruption
• Utility failure
• Cyberattack
• Transportation interruption
• Carrier disruption
• Government action
• Regulatory restrictions
• Import or export restrictions
• Material shortages
• Drug shortages
• Supplier failures
• Equipment failure not caused by lack of reasonable maintenance
• Other comparable events

 

Xseer will use commercially reasonable efforts to communicate material impacts and resume affected operations.

 

33. Changes to These Terms

Xseer may update these Terms to reflect changes in:

• Business operations
• Products and services
• Customer Portal functions
• Ordering practices
• Shipping practices
• Communications
• Technology
• Legal requirements
• Regulatory requirements

 

The revised Terms will be posted with an updated effective date.

When required or appropriate, Xseer may provide additional notice through the website, Customer Portal, email, or another communication method.

Material changes will apply prospectively unless applicable law permits otherwise.

Changes to these website Terms do not automatically amend an accepted order or separately signed agreement.

 

34. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Unless a separate written agreement provides otherwise, any legal proceeding arising from these Terms or use of the website or Customer Portal must be brought in a state or federal court with jurisdiction in Los Angeles County, California.

Each party consents to the personal jurisdiction and venue of those courts.

 

35. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted or modified as necessary to make it enforceable.

The remaining provisions will remain in effect.

 

36. Waiver

A failure or delay by Xseer in enforcing a provision of these Terms does not waive the right to enforce that provision or another provision later.

A waiver is effective only when made in writing by an authorized Xseer representative.

 

37. Assignment

You may not assign or transfer your rights or obligations under these Terms without Xseer’s prior written consent.

Xseer may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, corporate restructuring, or transfer of the relevant business operation.

 

38. No Third-Party Beneficiaries

These Terms do not create enforceable rights for any person or entity other than you, the organization you represent, and Xseer, except where expressly stated.

 

39. Entire Agreement and Order of Precedence

These Terms, the Privacy Policy, and any additional terms presented during account registration or checkout constitute the general agreement governing website and Customer Portal use.

For a particular transaction or project, documents control in the following order unless the parties expressly agree otherwise:

1. A signed master agreement or supply agreement
2. A signed statement of work, quality agreement, or project agreement
3. An accepted quotation, proposal, or order-specific agreement
4. An order confirmation or invoice
5. These Terms and Conditions
6. General website content

 

40. Contact Information

Questions concerning these Terms, website access, Customer Portal accounts, orders, or SMS communications may be directed to:

Xseer Pharmaceuticals
1990 Westwood Boulevard
Los Angeles, California 90025
United States

Support Email: support@xseerpharma.com
General Email: info@xseerpharma.com
Phone: +1 888 658 8005
Additional Phone: +1 424 444 9012