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This product website (the “Website”) is owned and operated by Biolab Rx and its affiliates (collectively “Company”). These Terms of Use and Conditions of Purchase, the Company’s, and any amendments or supplements to it, (the "Agreement") form a legally binding agreement between you and the Company. This Agreement governs your access to and use the Website, by placing any orders through this Website or by telephone, you agree with the terms and conditions set for the below. Please read the following terms and conditions of use carefully before placing your order and print a copy for future reference. It is important that you also read our Privacy Policy regarding personal information provided by you, which is incorporated herein by reference.
Health Disclaimer
Any statements on this website or any information, services, materials, products, or supplements distributed or sold have not been evaluated by the Food and Drug Administration (FDA). Our product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking any medication, or have any medical conditions we suggest consulting with a physician before using any of our products. The results achieved with all products are not typical, and not everyone will experience these results.
Refund Policy
Once your return has been received your refund will be credited back to your bank account, and may take up to 5-7 business days to show up in your statement, depending on your bank. We will refund the entire purchase price of the order (less shipping cost).
Shipping
The standard ground mail service is shipped through (USPS) United States Postal Service First Class Mail. We are dedicated to delivering you the fastest and most reliable shipping. With our Expedited Shipping Option, we will make your shipment our priority and ship the packages out the same day for all orders placed before 2PM Eastern Standard Time and the next day for all orders placed after 2PM Eastern Standard Time (packages will arrive within 3-5 business days). Please note that shipments are not sent out on Saturdays, Sundays, or any Holidays. Orders placed on weekends or Holidays will typically ship the next business day. We do not guarantee arrival dates or times.
While we will do all that we can to ensure your order is delivered on time, we cannot be held responsible for conditions beyond our control such as severe weather, postal interruptions, etc.
Returns:
Your satisfaction is our priority!
We have a 30-day return policy. We accept returns on any un opened bottles within 30 days of date of purchase. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund.
We’re sorry; partial, opened, or unsealed bottles do not qualify for a credit if returned. If you wish to return your purchase, please contact customer service at returns@biolabrx.com within 30 days of the date the product was purchased to receive a return authorization number (RAN). Once you have received RAN you may return the product to:
Biolab Rx
Customer Service
1923 McDonald Ave, #22
New York, NY 11223
Please note, returns without a return authorization number will not be accepted.
Use of the Site
This Terms of Service ("TOS") constitute a legally binding agreement made between you, whether personally or on behalf of an entity for whom you are using this website (collectively, "you") and Company ("we", "us", or “our”). This TOS governs your access and use of the website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, "Website") and the services we offer on the Website ("Services"), so please read it carefully.
YOU AGREE THAT BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL OF THIS TOS. IF YOU DO NOT AGREE TO BE BOUND WITH ALL OF THIS TOS, THEN DO NOT ACCESS OR USE THE WEBSITE.
We make every effort to ensure all information on the Website is current, complete and accurate, however, at times there may be typographical errors, pricing, errors, inaccuracies, or omissions, including descriptions, availability, and various other information. Company does not assume any liability or responsibility in regards to any such errors and omissions, and Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions; and make changes to the prices, content, promotions, offers, product descriptions, product specifications, or update other information on the Website at any time, without prior notice.
Disclaimer of Warranty
The services, products, and offers provided under this Agreement are provided on an "as is" and "as available" basis. Company makes no warranties that the offers will be successful or error free. Company makes no warranties as to the results that may be obtained from the purchase of the offer as to the accuracy, reliability or content of any information, services or merchandise/goods contained in or provided in connection with the services.
COMPANY IS NOT LIABLE AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE INFORMATION OR CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE WEBSITE, OR GIVEN BY ANY RELATED PERSON, WILL CREATE ANY WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
The Terms of this section shall and will survive the termination of this agreement.
Limited Warranty
Company represents and warrants to Customer that it will provide the Services (a) in a manner consistent with general industry standards which are reasonably applicable to the performance thereof; and (b) at least at the same quality and level of service as provided by Company to its other Customers for the similar services; and (c) in compliance in all material respects with the applicable Product or Service Descriptions. The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of Company’s reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties, whether or not authorized by Customer; or (c) that resulted from your equipment or any third-party equipment not within the sole control of Company. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, PRODUCTS OR ANY OFFERS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICE OR AND RESULTS OF THE SERVICE, AND WE HEREBY EXPRESSLY DISCLAIM THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCTS OR SERVICES PROVIDED TO CUSTOMERS HEREUNDER IS PROVIDED "AS IS" AND WITHOUT ANY CONDITION OR WARRANTY. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICES ARE FREE OF INACCURACIES, MISREPRESENTATIONS BY USERS, OR COMPLETELY SECURE.
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOST PROFITS OR REVENUES, ANY LOSS OF USE OF SUCH PROFITS OR REVENUES, LOSS OF GOODWILL, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES. The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. Notwithstanding anything to the contrary in this Agreement, Company maximum liability under this Agreement for any and all damages, liabilities, losses, costs and expenses, and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the dollar amount paid by customer for the purchase of the offer or any product which gave rise to such damages, losses and causes of actions. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
Indemnification
Customer agrees to indemnify, defend and hold harmless Company and its affiliates, parent company and subsidiaries, and all of their respective owners, officers, directors, managers, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") for, from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to reasonable attorney's fees, costs and expenses) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to customer's purchase of the offer, any breach of any representation, warranty or covenant of customer contained in this Agreement or any acts or omissions of customer. The terms of this section shall survive any termination of this Agreement.
Waiver of Jury Trial
Both You and Company hereby agree to waive all respective rights to a jury trial of any claims, disputes, or causes of action related to or arising out of this Agreement. The scope of this waiver is intended to be all encompassing of any and all disputes that may be filed in any court or other tribunal, and that relate to the subject matter herein, (including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims).
The parties, you and Company each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into this Agreement and that each will continue to rely on the waiver in their related future dealings. Each party further warrants and represents that each has had the opportunity to have counsel review the waiver. This waiver is irrevocable, meaning that it may not be modified either orally or in writing, and this waiver shall apply to any subsequent amendments, renewals, supplements or modifications to this Agreement. In the event of litigation, this Agreement may be filed as written consent to a trial by the court.
Miscellaneous
Independent Contractor. Company and customer are independent contractors. Nothing contained in this Agreement shall be deemed to constitute a partnership or joint venture between the Parties.
Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or constitute any Party to be the agent of the other Party for any purpose, or to obligate or bind the other party in any manner whatsoever.
Governing Law; Jurisdiction. Any and all controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon or arising from an alleged tort, shall be governed by construed, and enforced in accordance with the laws of the State of Florida, regardless of the legal theory upon which such matter is asserted.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Agreement. The parties agree that any suit, action or proceeding concerning this Agreement must be brought in a state or federal court located in Miami, Florida. EACH PARTY HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY ACTION, SUCH SUIT, OR PROCEEDING IN ANY COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM TO THE MAINTENANCE OF SUCH ACTION OR PROCEEDING IN ANY SUCH COURT.
Headings. The headings herein are for convenience only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement; Amendments. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties hereto with respect to the subject matter hereof, and contain the sole and entire agreement between the parties hereto with respect to the subject matter covered hereof. In case of a conflict between this Agreement and any purchase order, and/or service order, work order, confirmation, correspondence or other written or oral communication or other documentation of customer or Company, the Terms and Conditions of this Agreement shall control. No additional Terms or Conditions relating to the subject matter of this Agreement shall be effective unless approved in writing, and signed by an authorized representative of Customer and Company. The Agreement may not be changed, modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that the Company may change or modify these Terms of Service from time to time in its sole discretion, such changes or modifications will be effective when posting to Company website or on any subsequent date as may be set forth in any required notice provided by us in connection therewith.
Severability. All rights and restrictions contained in the Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary such that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portions of any provision of the Agreement shall be held to be illegal, invalid or unenforceable by any court of competent jurisdiction, it is the intention of the parties that all remaining provisions or portions of this Agreement shall constitute their Agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect unless otherwise agreed to in writing by the Parties.
Notices and Other Communications. Any and all notices, requests, demands and other communications required or otherwise contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered personally or by an overnight courier service or postal service, upon receipt if transmitted by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid mail, to the addresses or facsimile numbers set forth below the parties' signatures. Either party may change his, her or its address, fax number, or email address for purposes of this Agreement by giving notice in writing of such change to the other party as provided herein. Company may give written notice to Customer via electronic mail to the Customer's electronic mail address as maintained in Company’s billing records.
Waiver. No failure or delay by any party hereto to exercise any right, power, privilege, or remedy hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power, privilege, or remedy by any party preclude any other or further exercise thereof or the exercise of any other right, power, privilege, or remedy. No express waiver or assent by any party hereto to any breach of or default in any of these Term or Condition of the Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
Assignment; Successors. The Customer may not assign or transfer either this Agreement or any of its rights, interests, or obligations hereunder, without the prior written consent of Company. And any attempted assignment or transfer in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. The Company may assign any of its rights and/or obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of customer. All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
Limitation of Actions. No action, regardless of form, arising by reason of or in connection with the Agreement may be brought by either party more than two years after the cause of action has arisen.
Violation of the Terms. You agree that Company, in its sole discretion and without prior notice, may terminate your access to the Website, indefinitely suspend or terminate your account, cancel your order or exercise any other remedy available and remove any unauthorized User Content, whether with or without cause or warning, and without liability, if Company believes that the User Content you provided has violated or is inconsistent with these Terms of Use violated the rights of Company, another User or the law. You agree that monetary damages may not provide a sufficient remedy to the Company for violations of these Terms and Conditions and you consent to injunctive or other equitable relief for such violations. In certain circumstances, Company may release user information about you if required by subpoena, law or regulation, or if the information is necessary or appropriate to release to address an illegal or harmful activity. Company is not required to provide any refund to you if you are terminated as a user because you have violated the Terms of Use.
Copyright Policy.
It's Company’s policy to respect the copyright and intellectual property rights of others. Company may choose to terminate the privileges of any user who uses this Website to unlawfully transmit copyrighted material without a license express consent, valid defense or fair use exemption to do so. In particular, users who submit any information, any content to this Website, whether text, articles, images, stories, data, document, software or other copyrightable material must ensure that the any Content they upload does not infringe or violate any third-party rights, the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Website as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access this Website. We may at our sole discretion, decide to disable and/or terminate the User's rights to use or access to the Website prior to that time if we suspect that the alleged infringement has occurred.
Links to Other Websites. The Website may automatically produce search results that reference or link to third party websites throughout the global Internet. Company has no control over the contents, information or functionality of these websites. Company cannot and does not guarantee, represent or warrant that the content contained in the websites, including, without limitation other links, is accurate, legal and/or inoffensive. Company does not endorse the content of any third party website, nor do we warrant that they will not contain computer viruses or otherwise impact your computer or other web access device. By using the Website to search for or link to another website, you agree and understand that such use is entirely at your own risk, and you may not make any claim against Company for any damages or losses, whatsoever, resulting from such use of the Website to obtain search results or to link to another website. If you have a problem with a link from the Website, please notify us at info@biolabrx.com, and we will investigate your claim promptly and take any actions we deem appropriate at our sole discretion.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TO WEBSITE AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ANY NEW OR MODIFIED PROVISION OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEB SITE.
