INTRODUCTION
This Terms of Use Agreement sets forth the Agreement between maxlabs.co (“we”) and each user (“you” or “user”) governing your use of this site. All orders accepted herein are fulfilled by maxlabs.co, who is subject to all of the provisions set forth herein. Please read this Agreement carefully before using this site. By using this site, you signify your assent to this Terms of Use Agreement. If you do not agree to the terms and conditions contained in this Terms of Use Agreement, you may not access or otherwise use this site. This Agreement does not apply to any transaction or relationship between the parties that is unrelated to the use of this website and/or purchase and sale of merchandise through this website.
NOT HEALTHCARE ADVICE
The products, information, services, and other content available on and through this site, including, without limitation, any products, information, services, or other content available on any Linked Site, are provided solely to facilitate discussions about treatment options with your physician or other healthcare professional (collectively, “Healthcare Professional”).
The content on this site and the Linked Sites, including but not limited to medical and health issues, products, and treatments, is frequently provided in summary or aggregate form. It is not intended as a replacement for medical advice or information on or in any product label or package. You should not use this site’s information or services to diagnose or treat any health issue, or to prescribe any medication or other therapy. Before using any medication, nutritional, herbal, or homeopathic product, starting any diet or exercise program, or adopting any treatment for a health problem, you should always speak with your Healthcare Professional and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging.
Each person is unique, and the way you react to a product may differ significantly from how other people react to the same product. You should also consult your physician or a healthcare expert about any interactions between medication or nutritional supplements you’re currently taking.
Maxlabs.co is not liable for any product or service sold on or through this site, or for any quality or performance claims made on or through this site, including claims made on or through any site to which this site links (each a “Linked Site”). You are advised that other websites on the Internet, including, but not limited to, Linked Sites, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Maxlabs.co expressly disclaims any liability for the content, legality, decency, or accuracy of any information, as well as any products and services, available on any Linked Site.
NO WARRANTY – DISCLAIMER
Maxlabs.co is providing this site and its contents on an “as is” basis. Maxlabs.co and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, “affiliates”) make no representations or warranties of any kind, express or implied, concerning this site or its contents, including, without limitation, the products, information or services offered or sold on or through this site or any Linked Site and the uninterrupted and error-free use of this site. Maxlabs.co and its affiliates expressly disclaim all such representations and warranties, including, without limitation, all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. Maxlabs.co and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by maxlabs.co or affiliates will create any warranty not expressly set forth herein. Your use of this site and any Linked Site is at your sole risk.
ORDER ACCEPTANCE
Please keep in mind that there may be times when we are unable to accept orders and must cancel them. We have the right to refuse or cancel any order for any reason at our sole discretion. We will only charge you once your payment method has been approved, the order information has been validated for accuracy, and your order has been shipped.
Some situations that may cause an order to be canceled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order gets canceled or if additional information is required.
If your order gets canceled after your credit card has been charged, we will issue a credit to your card in the amount of the charge.
Maxlabs.co completely adheres to all national and international legislation regarding the sale, procurement, and shipment of any product or product ingredient that is restricted or prohibited by law in the United States or elsewhere.
PRICES & CURRENCY
The prices indicated on this Site are in U.S. dollars and are valid and effective only inside the United States. They do not include shipping and handling or sales taxes, which will be added to your total invoice amount if applicable. Any shipping and handling charges, as well as any state and local sales or use taxes that may apply to your item, are your responsibility.
International shipment rates vary based on total package weight and final destination. All pricing does not include duties, insurance costs, tariffs, or value-added taxes. If assessed, these charges are the responsibility of the package recipient, who will be billed for them by the local Customs office.
PRICING OR TYPOGRAPHICAL ERRORS
We make every effort to provide accurate product and pricing data. Pricing and typographical errors do, however, occur. If an item is listed at an inaccurate price or with wrong information due to a pricing or product information error, we reserve the right to refuse or cancel any orders placed for such items at our sole discretion. If an item’s pricing is inaccurate, we’ll contact you for instructions or cancel your order and inform you of the cancellation. Prices and availability may change at any time without notice.
QUANTITY LIMITS AND ITEMS FOR RESALE
Orders placed by the same account, using the same credit card, and using the same billing or delivery address may be subject to these restrictions. If such limits are imposed, we shall notify the client through e-mail or the billing address provided. We also retain the right to restrict merchants from purchasing our products.
LIMITATION OF LIABILITY
MAXLABS.CO AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MAXLABS.CO AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Notwithstanding the following, the sole and entire maximum liability of maxlabs.co and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from this site.
You agree to indemnify, defend, and hold harmless maxlabs.co and its affiliates from and against any claims, demands, causes of action, losses, expenses, damages, and costs, including, without limitation, reasonable attorneys’ fees, arising out of or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on, or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.
SITE USAGE / TERMINATION OF USAGE
You acknowledge that you will only use this site for legitimate purposes and that you are solely responsible for your communications on the site. You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including, without limitation, any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.
You further agree that you will not access our website by any means except through the interface provided by maxlabs.co for access to the site. You agree that you will not access this site from any territory where its contents are illegal and that you, and not maxlabs.co and its affiliates, are responsible for compliance with applicable local laws.
These terms are in effect until either you or maxlabs.co terminates them. You may terminate this Agreement at any time, provided that you do not use this website any further. Maxlabs.co may also terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the site, if in our sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or maxlabs.co or its affiliates. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of use or otherwise.
You agree that maxlabs.co may, in its sole discretion, terminate or suspend your access to all or part of this site without notice if you engage in any conduct that we, in our sole discretion, believe is in violation of these Terms of Use or any applicable law, or is harmful to the interests of another user, maxlabs.co, or its affiliates.
APPLICABLE LAW; JURISDICTION
This Agreement shall be governed by and construed under the laws of the State of Texas without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of Texas and further agrees that any cause of action arising from or relating to the use of this site or this Agreement shall be brought exclusively in Federal or State Courts for Houston, Texas.
SEVERABILITY; INTERPRETATION
If a court of competent jurisdiction finds any term of this Agreement to be invalid, void, or unenforceable for any reason, the validity and enforceability of the remaining sections will not be affected.
ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between maxlabs.co and each user of this site and replaces all past or contemporaneous agreements, representations, warranties, and understandings, written or oral, concerning the subject matter herein. Before using this site, you agree to read and understand this Agreement, and your use of this site will be construed as your acceptance of this Agreement.
CHANGES TO THE TERMS OF USE AGREEMENT
This information was last updated on May 31, 2016. Maxlabs.co may, in its sole discretion, amend this Terms of Use Agreement from time to time. Please check this website periodically for updates to the Agreement. Furthermore, the use of this website after any modification implies that you consent to this Agreement as modified.
MISCELLANEOUS
Failure by maxlabs.co or its affiliates to insist on strict adherence to any term of this Agreement does not constitute a waiver of that term, nor does it limit that party’s right to insist on strict adherence to that term or any other term of this Agreement in the future. You agree that, regardless of any legislation or law to the contrary, any claim or cause of action arising out of or related to the use of this site or this Agreement must be brought within one (1) year of the occurrence of the claim or cause of action, or be eternally barred. The No Warranty – Disclaimer and Limitation of Liability provisions of this Agreement are for the benefit of maxlabs.co and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its behalf.
With the prior agreement of maxlabs.co, any claim, dispute or controversy arising or concerning this site and/or this agreement will be determined by binding arbitration with the Rules of the American Arbitration Association and any such arbitration brought and held in Houston, TX, USA. The arbitrators’ decisions are binding on all parties concerned and judgment upon an arbitrator’s award by any court having competent jurisdiction. A court of competent jurisdiction shall particularly enforce this requirement.