Terms of service
OVERVIEW
Welcome to Oxe Blue! The terms “we”, “us” and “our” refer to Oxe Blue. Oxe Blue operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Oxe Blue is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Last Updated: March 1, 2026
Introduction and Acceptance
These Terms and Conditions of Use (“Terms”) govern your access to and use of our websites, mobile applications, and online services (collectively, the “Site” or “Services”). The Site is operated by Zenith Strategy, LLC (d/b/a Clarus), a Nevada limited liability company. Each Company (defined below) entity is a separate legal entity with its own distinct rights and obligations; no Company affiliate or subsidiary shall be liable for the obligations of another, and no joint venture, partnership, agency relationship, or enterprise liability exists among the Company entities. Only the specific Company entity that enters into a transaction with you shall be liable for obligations arising from that transaction. By accessing or using the Site, or by clicking “I AGREE” to these Terms, you (“User” or “you”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. Your continued use of the Site constitutes ongoing acceptance of these Terms as they may be amended from time to time. If you do not agree, you must immediately cease use of this Site and may not access or use any Services or purchase any products.
As used herein, “Company” means Zenith Strategy, LLC (d/b/a Clarus), a Nevada limited liability company, collectively or individually, as the context may require, its parents, subsidiaries, affiliated entities, and each of their respective owners, members, managers, officers, directors, employees, agents, contractors, licensors, suppliers, successors, and assigns, including AP Blue LLC (d/b/a Eterna) and Lumina Strategies, LLC (d/b/a Lumora). For the avoidance of doubt, each such affiliated entity is a separate and distinct legal entity with separate assets, liabilities, and obligations, and nothing in these Terms creates any partnership, joint venture, agency, fiduciary relationship, joint and several liability, or enterprise liability among them. No entity shall be deemed the alter ego of another. Each entity maintains separate books and records, operates independently, and is solely responsible for its own obligations. References to "Company" in the plural sense are solely for convenience and do not create joint liability.
Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) to use our Site or purchase our products. By using the Site, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding contract. You may not use the Site if barred by applicable laws or these Terms. If you are using the Site on behalf of an organization, you represent and warrant that you have full legal authority to bind that organization to these Terms, and in such case "you" refers to both you individually and the organization. Any use by minors or persons lacking capacity is strictly prohibited and void ab initio.
Health & Safety
The content and products on our Site are for informational and consumer use only and are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or medical condition. Nothing on this Site is intended to be, nor should be construed as, professional medical, health, or nutritional advice, diagnosis, or treatment. We are not a medical organization, healthcare provider, or licensed medical professional, and our staff, contractors, and affiliates are not authorized to and cannot provide you with medical advice. The information on this Site, including without limitation any supplement descriptions, ingredient lists, nutritional information, FAQs, blogs, articles, and user testimonials, is provided for general informational purposes only and has not been evaluated for medical accuracy.
You acknowledge and agree that you are solely responsible for consulting with qualified healthcare professionals before using our products or making any health-related decisions. Always seek the advice of a qualified physician, licensed healthcare provider, or other competent medical professional with any questions about a medical condition, symptoms, or health concerns, or before starting, stopping, or modifying any new or existing diet, exercise, medication, or supplement regimen. Never disregard professional medical advice or delay seeking medical treatment because of something you have read on our Site. If you think you may have a medical emergency, call your doctor or emergency services immediately.
Use of our products must be strictly as directed on the product label and packaging. Use of the information or products on this Site is solely and entirely at your own risk. You assume full responsibility for all risks associated with your use of the Site and products, including any adverse health effects. The Company makes no representations or warranties regarding health outcomes or benefits from product use.
FDA Disclaimer
Statements regarding dietary supplements on this Site and regarding the products sold have not been evaluated by the U.S. Food and Drug Administration (FDA). These statements are not intended to diagnose, treat, cure, or prevent any disease. Our products and any information on the Site are not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition. Our products are dietary supplements, not drugs, and are intended only to supplement the diet.
Individual results will vary significantly based on numerous factors including individual health status, genetics, lifestyle, diet, exercise, and compliance with directions. No supplement or health product sold on our Site is guaranteed or warranted to provide any specific results, outcomes, or health benefits for any user. Past results described on the Site do not guarantee future results. Any results or testimonials presented represent individual experiences only and are not typical results.
If you have any health concerns, medical conditions, symptoms, are pregnant or nursing, are taking any medications (prescription or over-the-counter), or are under medical supervision for any reason, you must consult a qualified physician or licensed healthcare provider before using any dietary supplement or any product sold on this Site. Certain ingredients may interact with medications or may be contraindicated for certain medical conditions. The Company is not responsible for any adverse interactions or effects.
Results and Testimonials Disclaimer
Any testimonials, customer reviews, case studies, before-and-after comparisons, or other user-submitted content on our Site reflect only individual experiences and personal opinions and have not been independently verified by the Company. These testimonials are not claims made by the Company, do not represent typical results, and may not be applicable to all users or customers. Your experience may vary significantly and may differ materially from any results described. No testimonial has been clinically verified or substantiated by scientific studies. Individual results depend on numerous variables including health status, genetics, compliance with directions, diet, exercise, lifestyle factors, and other circumstances beyond our control. We do not guarantee, warrant, or represent any specific results, outcomes, or health benefits from using our products. User comments regarding efficacy or health benefits are not endorsed by the Company, have not been evaluated for accuracy or medical validity, and should not be relied upon as medical or health advice. The Company expressly disclaims any liability for reliance on testimonials or user content. Some testimonials may have been solicited and some users may have received compensation, free products, or other consideration in exchange for their testimonials, which may affect their statements. Any material connections between the Company and testimonial providers are disclosed in accordance with FTC guidelines.
Product Information and Use
All product descriptions, ingredients, instructions, pricing, and availability information on our Site are subject to change without notice. We strive for accuracy, but the Site may contain inaccuracies or typographical errors. The material on the Site is provided for general information and should not be relied upon as the sole basis for making decisions. It is your responsibility to read product labels and packaging for directions, allergen warnings, and usage guidelines. Use all products strictly as directed. If you experience any adverse reaction, discontinue use and consult a healthcare professional.
No Guarantee of Availability or Accuracy
We do not warrant that product descriptions or other content is accurate, complete, or current. The Site content is provided “AS IS” and for informational purposes. Any reliance on the material on this Site is at your own risk. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is erroneous (including after you have submitted an order).
User Accounts and Security
To purchase products or access certain features, you may need to create an account. You agree to provide truthful, accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You must notify us immediately at the contact information below of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your credentials, except to the extent such liability cannot be excluded under applicable law. We reserve the right to suspend or terminate any account we suspect is being used in violation of these Terms or any law, or for any other reason in our sole discretion.
Permitted Use of Site
The Site and its content are provided solely for your personal, non-commercial use (apart from purchasing our products for personal use). You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or our products without express written permission from the Company. You shall not use the Site for any unauthorized or illegal purpose. When using our Site, you agree NOT to:
- Violate any applicable law or regulation;
- Infringe the rights of others (including intellectual property, privacy, or publicity rights);
- Transmit any malware, viruses, or harmful code;
- Engage in any harassing, threatening, defamatory, obscene, or abusive behavior;
- Make unauthorized, false, or misleading claims about our products (including as an affiliate or referrer);
- Use bots, data mining, scraping, or similar data gathering tools on the Site without our permission;
- Attempt to gain unauthorized access to any portion of the Site, other users’ accounts, or our systems;
- Overload or interfere with the Site’s infrastructure.
We reserve the right to monitor usage and investigate any suspected breach of these Terms. We may suspend or ban users who violate these rules or engage in behavior that could harm the Company or other users. Products are sold for personal use only and not for resale, redistribution, or export. The Company reserves the right to refuse or cancel orders where it reasonably believes products are being purchased for resale, unauthorized distribution, diversion, or commercial exploitation. Unauthorized resale may result in immediate termination of your account and refusal of future sales.
Intellectual Property Ownership
All content on the Site, including text, graphics, logos, button icons, images, audio clips, videos, data compilations, software, and other material (collectively, “Content”), is the property of the Company or our licensors and protected by copyright, trademark, and other intellectual property laws. The compilation of all Content on this Site is the exclusive property of the Company.
- Trademarks: “Clarus”, “Eterna”, “Lumora”, and any and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You must not use any such marks without our prior written consent.
- License to You: The Company grants you a limited, revocable, non-transferable, non-sublicensable license to access and make personal use of the Site and Content for its intended purposes (information and shopping). No other use is permitted. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, or broadcast any portion of the Site or Content without our prior written permission, except as allowed under applicable fair use or other laws.
If you violate the intellectual property rights provisions of these Terms, your permission to use the Site automatically terminates and you must immediately destroy any copies of downloaded or printed Content.
User-Generated Content and Testimonials
Our Site may allow users to submit content such as product reviews, ratings, comments, testimonials, photos, or videos (“User Content”). By submitting any User Content, you agree to the following:
- Community Guidelines: You will only post content that is honest, factually accurate (to your knowledge), relevant to the product or topic, and not misleading. You will not post content that is unlawful, obscene, defamatory, libelous, threatening, harassing, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable. We reserve the right to remove or edit any User Content that violates these Terms or our content standards.
- License to Company: You retain ownership of your User Content, but by submitting it, you grant the Company and our affiliates a perpetual, worldwide, irrevocable, royalty-free, non-exclusive, sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit your User Content, in whole or in part, in any media formats and channels (including on our Site, social media, and marketing materials), for any purpose related to our business, including but not limited to marketing, advertising, and promotional purposes. This license survives even if you delete your account or stop using the Site. You also grant other users of the Site a non-exclusive license to access and use your User Content as permitted by these Terms and the functionality of the Site (for example, reading your review).
- No Confidentiality: User Content you post is considered non-confidential and non-proprietary. Do not include private or sensitive information you do not wish to make public. The Company is not responsible for any personal information you choose to post publicly and such information may be visible to others.
- No Endorsement: The Company does not endorse any User Content or any opinion, recommendation, or advice expressed therein. We are not responsible for the accuracy, usefulness, or reliability of User Content. You agree that any use or reliance on User Content by you is at your own risk. Under no circumstances will the Company be liable for or in connection with any User Content, including for any errors or omissions, or any loss or damage incurred as a result of the use of any User Content posted, emailed, or otherwise made available on the Site.
- Your Warranties: You represent and warrant that you own or have obtained all necessary rights, licenses, or permissions to the User Content you submit, and that our use of your content as licensed above will not infringe or violate the rights of any third party (including intellectual property rights, privacy, or publicity rights). You are solely responsible for your User Content and may be held liable for what you post.
- No Pre-Approval, Monitoring, or Obligation to Review: The Company expressly disclaims any obligation to pre-screen, monitor, review, edit, or moderate User Content before or after it is posted to the Site. All User Content is posted in real-time without prior review by the Company. You expressly acknowledge and agree that: (a) the Company exercises no control over and assumes no responsibility or liability whatsoever for any User Content; (b) User Content may be inaccurate, misleading, offensive, defamatory, obscene, unlawful, or otherwise objectionable; (c) the Company makes no representations or warranties regarding the accuracy, completeness, reliability, or legality of any User Content; and (d) pursuant to 47 U.S.C. § 230 (Communications Decency Act) and all other applicable federal, state, and local laws, the Company, its affiliates, subsidiaries, officers, directors, employees, agents, contractors, successors, and assigns shall not be deemed the publisher or speaker of, and shall have no liability whatsoever for, any information, content, or materials provided by third parties, including but not limited to User Content, testimonials, reviews, comments, or posts, except where such immunity does not apply under applicable law. While you may notify the Company of content you believe violates these Terms or applicable law, the Company: (i) makes no guarantee, representation, or warranty that it will review, respond to, or act upon any such notification; (ii) reserves the absolute and sole discretion to determine whether to remove, edit, or retain any User Content; and (iii) shall have no liability for any failure, refusal, or delay in removing, editing, or taking action regarding any User Content. YOUR USE OF, RELIANCE ON, OR INTERACTION WITH ANY USER CONTENT IS ENTIRELY AND SOLELY AT YOUR OWN RISK, AND YOU HEREBY RELEASE AND HOLD HARMLESS THE COMPANY FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, OR LIABILITY ARISING FROM OR RELATED TO USER CONTENT.
- Third-Party Content Immunity and Non-Publisher Status: You expressly acknowledge, agree, and covenant that, to the maximum extent permitted by applicable law, including without limitation 47 U.S.C. § 230 (Communications Decency Act), the Company, together with its parent entities, subsidiaries, affiliates, related entities, officers, directors, managers, members, employees, agents, contractors, service providers, licensors, successors, and assigns (collectively, the "Company Parties"), shall not be treated, deemed, or considered as the publisher, speaker, author, editor, or distributor of any information, content, materials, statements, claims, representations, testimonials, reviews, comments, posts, images, videos, links, or other User Content provided, posted, uploaded, or transmitted by any third party, user, customer, affiliate, or other person or entity. The Company Parties are entitled to full immunity from liability for all third-party content appearing on, transmitted through, or accessible via the Site, regardless of whether such content is unlawful, defamatory, infringing, harmful, or otherwise objectionable. You further acknowledge and agree that: (a) any and all claims, disputes, or causes of action arising from or related to third-party content must be directed exclusively to the author, creator, or poster of such content, and not to any Company Party; (b) the Company Parties have no duty to investigate, verify, or validate any third-party content; (c) the Company Parties shall not be liable for any damages, losses, injuries, or claims of any kind arising from third-party content; and (d) to the maximum extent permitted by applicable law, you waive any right to assert claims against the Company Parties based on third-party content. This provision applies regardless of the legal theory asserted, including but not limited to claims based in contract, tort, strict liability, negligence, or statutory violation.
- User Content Standards, Sole User Liability, and Company Discretion: By accessing or using the Site, you expressly agree, represent, warrant, and covenant that: (a) you will comply with all applicable content standards, guidelines, and policies established by the Company, including but not limited to prohibitions against posting, uploading, or transmitting any content that is unlawful, infringing, defamatory, obscene, threatening, harassing, fraudulent, harmful, or otherwise objectionable under applicable law; (b) YOU ALONE ARE SOLELY AND EXCLUSIVELY LIABLE AND RESPONSIBLE FOR ALL CONTENT YOU POST, UPLOAD, TRANSMIT, OR OTHERWISE MAKE AVAILABLE THROUGH THE SITE, AND YOU ASSUME ALL RISKS AND LIABILITY ASSOCIATED WITH SUCH CONTENT; (c) you will indemnify, defend, and hold harmless the Company Parties from and against any and all third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your User Content or your violation of these content standards; (d) the Company reserves the absolute, sole, and unfettered right and discretion (but assumes no obligation or duty) to remove, edit, modify, restrict access to, or take any other action regarding any User Content at any time, for any reason or no reason, with or without notice, and with or without cause; (e) the Company's decision to remove or retain any User Content shall be final and non-appealable; and (f) THE COMPANY PARTIES EXPRESSLY DISCLAIM AND SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY FAILURE, REFUSAL, DELAY, OR INABILITY TO REMOVE, EDIT, OR TAKE ACTION REGARDING ANY USER CONTENT, REGARDLESS OF WHETHER SUCH CONTENT VIOLATES THESE TERMS, APPLICABLE LAW, OR THIRD-PARTY RIGHTS. You further acknowledge that the Company's exercise of discretion to remove certain content does not create any obligation to monitor, review, or remove other content, nor does it waive the Company's immunity or protections under applicable law.
Third-Party Links and Affiliates
The Site may contain links to third-party websites or resources, including those of authorized marketing affiliates or distribution partners, or social media integrations (“Linked Sites”). These links are provided for your convenience and informational purposes only. The Company does not control, endorse, or monitor any Linked Sites and is not responsible for their content, products, services, or practices. If you access a third-party site via our Site, you do so at your own risk. Different terms and privacy policies may apply to the use of any third-party site.
Similarly, if the Site features content provided by third parties (such as affiliate bloggers, testimonials by individuals, or references to third-party experts), those statements belong to the respective authors. The Company is not responsible for any advice, opinion, or claim made by a third party. For example, if an independent affiliate or reseller of our products makes statements on their own website or social media, such statements are not vetted or approved by us, and we disclaim any liability for them. Users should refer to the official information on our Site and product labels for guidance.
Prohibition on Unapproved Representations
No distributor, independent affiliate, influencer, or other third party is authorized to make any claim, representation, or warranty on our behalf about our products or services, except those expressly approved in writing by the Company. We do not assume liability for any unauthorized promises or guarantees made by third parties concerning our products. If you encounter statements about our products that are inconsistent with our official descriptions or these Terms, rely only on information communicated directly by the Company.
Affiliates and marketing partners are required to accurately use our approved text, disclaimers, and marketing materials. However, the Company cannot guarantee full oversight, and thus we emphasize that any commitments or claims outside of our published content are not binding on the Company. Purchases of our products are governed solely by these Terms and any official policies on our Site, not by representations from any third party.
Ordering, Payment, and Pricing
When you place an order through our Site, you agree to provide current, complete, and accurate purchase and account information. You agree to promptly update your account (billing address, email, etc.) so we can complete transactions and contact you as needed. All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason, including but not limited to if fraud or unauthorized or illegal activity is suspected, product unavailability, pricing errors, or other circumstances in our sole discretion. If we change or cancel an order, we will attempt to notify you via the email/billing contact provided.
Prices for products are listed in U.S. Dollars unless stated otherwise and do not include shipping or applicable taxes, which will be added at checkout. We strive to display accurate price information, but errors may occur. If we discover a pricing error after you’ve placed an order, we will attempt to contact you with the correct price and you may choose to proceed or cancel the order. If we cannot reach you or you do not respond within 5 business days, we reserve the right to cancel the order and refund any payment received.
Any promotions or discount codes are subject to their specific terms and validity periods. We reserve the right to limit quantities purchased per person or per order, and to discontinue any product at any time. All sales are subject to our policies, including any return policy, which are incorporated herein by reference.
Returns / Refund Policy Incorporation
All purchases are further subject to the Company’s Return Policy, as posted on the Site and as may be updated from time to time. By placing an order, you acknowledge and agree that you have reviewed and accepted the Return Policy. In the event of any conflict between a marketing statement and the Return Policy, the Return Policy shall control.
Subscription and Automatic Renewal Terms
If you enroll in a subscription, auto-ship program, continuity program, or similar recurring purchase arrangement (collectively, “Subscription”), you expressly authorize the Company to charge your designated payment method on a recurring basis at the frequency disclosed at the time of enrollment, until you cancel. The amount charged may include product price, applicable taxes, and shipping fees. You may cancel your Subscription at any time by logging into your account or contacting customer support at least twenty-four (24) hours prior to your next scheduled shipment. Cancellation requests received after such time may apply to the following billing cycle. By enrolling in a Subscription, you acknowledge and agree that the Subscription will automatically renew unless and until you cancel, and that you are responsible for all charges incurred prior to cancellation.
Shipping and International Orders
Orders will be shipped to the address you designate, so long as it meets our shipping restrictions. Title and risk of loss for products pass to you upon our delivery to the carrier, except where applicable law requires otherwise. You are responsible for any customs duties, import taxes, or fees for orders shipped outside the United States. International Customers: We make no guarantee that the products or content on this Site are appropriate or available for use in locations outside the U.S. If you access or purchase from the Site while outside the U.S., you do so at your own risk and are responsible for compliance with local laws. You agree not to order products to any country or jurisdiction where such products would violate local law or regulations.
Customs policies vary widely; you should check with your local customs office for information before ordering. Please note that when you import products, you are the “Importer of Record” and must comply with all laws and regulations of the destination country. We are not liable for any packages held or refused by customs, or any customs duties and taxes incurred.
International Use and Compliance
Our Site and products are operated from the United States and are not intended for use in any jurisdiction where such use would violate local law or impose additional requirements. If you access the Site or purchase products from outside the U.S., you do so at your own initiative and risk, and you are solely responsible for compliance with local laws and regulations (including import requirements, labeling rules, and dietary supplement regulations in your country). The fact that the Site is accessible in a foreign country does not imply that we are subject to or consent to that country’s laws or jurisdiction. You agree not to order products to any jurisdiction where they would be unlawful to receive, and you indemnify us for any violation of export or local laws (per the Indemnification clause). All products are labeled and marketed according to U.S. standards (English language, FDA regulations) and we make no representation that the content or products will meet the regulatory or labeling requirements of any other jurisdiction.
Data Transfer Consent
By using the Site or providing personal information, you consent to the transfer, storage, and processing of your data in the United States. If you are located outside the U.S. (including in the EU/EEA or other regions with data protection laws), you acknowledge that the U.S. may not offer the same level of data protection as your home jurisdiction, and you agree to such cross-border data transfer as outlined in our Privacy Policy. We do not specifically market to or knowingly target individuals in the European Economic Area (EEA), United Kingdom, or Switzerland. Our Site and Services are not designed to comply with the EU General Data Protection Regulation (GDPR) or other non-U.S. data protection laws beyond what is disclosed in our Privacy Policy. If you are located in such jurisdictions and choose to use our Site, you do so at your own risk and acknowledge that we may not be able to fulfill data subject rights requests under such laws.
No Warranty – Disclaimer of Warranties
THE SITE, SERVICES, PRODUCTS, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
THE COMPANY DOES NOT WARRANT THAT: (A) THE SITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE SITE OR SERVERS ARE FREE OF VIRUSES OR HARMFUL COMPONENTS; OR (D) THE SITE, SERVICES, OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE SITE, SERVICES, AND ALL PRODUCTS (INCLUDING ALL DIETARY SUPPLEMENTS, NUTRACEUTICALS, AND RELATED MATERIALS) AND CONTENT PROVIDED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE. THE COMPANY MAKES NO WARRANTY THAT THE PRODUCTS WILL ACHIEVE ANY PARTICULAR RESULT, CURE OR TREAT ANY CONDITION, OR BE SUITABLE FOR YOUR PARTICULAR NEEDS OR HEALTH STATUS. THE COMPANY DOES NOT WARRANT THAT THE PRODUCTS ARE FREE FROM CONTAMINATION, ALLERGENS, OR SUBSTANCES THAT MAY CAUSE ADVERSE REACTIONS IN CERTAIN INDIVIDUALS. HOWEVER, THE COMPANY REPRESENTS THAT ALL PRODUCTS ARE MANUFACTURED IN ACCORDANCE WITH CURRENT GOOD MANUFACTURING PRACTICES (CGMP) AS REQUIRED BY 21 C.F.R. PART 111 AND APPLICABLE FDA REGULATIONS.
The Company makes no representations or warranties regarding the use or the results of the use of the Site or products, or the accuracy, reliability, completeness, or timeliness of any content, including but not limited to product descriptions, ingredient information, health claims, testimonials, or third-party content. THE COMPANY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT USE OF THE PRODUCTS WILL RESULT IN WEIGHT LOSS, IMPROVED HEALTH, DISEASE PREVENTION OR TREATMENT, ENHANCED ATHLETIC PERFORMANCE, OR ANY OTHER SPECIFIC HEALTH BENEFIT OR OUTCOME, EXCEPT AS EXPRESSLY STATED ON PRODUCT LABELS OR IN MATERIALS APPROVED BY THE COMPANY. INDIVIDUAL RESULTS MAY VARY SIGNIFICANTLY BASED ON NUMEROUS FACTORS INCLUDING BUT NOT LIMITED TO INDIVIDUAL PHYSIOLOGY, GENETICS, DIET, EXERCISE, EXISTING HEALTH CONDITIONS, MEDICATIONS, AND COMPLIANCE WITH USAGE INSTRUCTIONS. You acknowledge and agree that you assume all risk for any harm or damage that may result from your use of the Site or products to the extent permitted by applicable law, including but not limited to adverse health effects, allergic reactions, drug interactions, or failure to achieve desired results, except where such harm results from the Company's gross negligence, willful misconduct, or violation of mandatory safety regulations.
We do not guarantee that the Site or Services will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Site or server are free of viruses or anything harmful.
Applicable law in some areas may not allow the exclusion of certain warranties, so some of these exclusions may not apply to you. In such case, to the extent any warranty cannot be disclaimed, the duration of such implied warranty is limited to the minimum period permitted by law. Nothing in these Terms or on the Site constitutes the practice of medicine, pharmacy, or any licensed health profession. The Company does not engage in the practice of medicine and does not provide medical diagnosis, treatment, or prescribing services.
Limitation of Liability
SITE/APP; CONTENT; SERVICES. AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS), ARISING OUT OF OR IN CONNECTION WITH, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO, WITHOUT LIMITATION, (I) THE SITE OR APP OR ANY RELATED SITES, (II) ANY MATERIALS CONTAINED ON THE SITE/APP OR RELATED SITES, OR (III) ANY MATERIALS PROVIDED BY THE COMPANY IN THIS PROCESS.
PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO ANY PRODUCTS, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS.
FORESEEABILITY. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THIS SITE OR RELATED SITES).
CAP. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF THE COMPANY PARTIES TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO THE COMPANY FOR THE PRODUCT GIVING RISE TO THE CLAIM OR $500, WHICHEVER IS GREATER, EXCEPT THAT THIS LIMITATION SHALL NOT APPLY TO: (A) PERSONAL INJURY OR DEATH CAUSED BY A DEFECTIVE PRODUCT; (B) DAMAGES ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (C) DAMAGES THAT CANNOT BE LIMITED UNDER NEVADA LAW OR APPLICABLE FEDERAL LAW; OR (D) THE COMPANY'S OBLIGATIONS TO INDEMNIFY YOU UNDER ANY APPLICABLE STATUTE.
SAVINGS. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT ANY LIMITATION OR EXCLUSION IN THESE TERMS IS UNENFORCEABLE AS APPLIED TO A PARTICULAR CLAIM OR CATEGORY OF DAMAGES, IT SHALL BE DEEMED MODIFIED TO THE MINIMUM EXTENT NECESSARY TO BE ENFORCEABLE.
Exclusive Remedy: If you are dissatisfied with any aspect of the Site or our products, your sole and exclusive remedy is to stop using the Site and/or return the product for a refund in accordance with our Return Policy. Without limiting the foregoing, you agree that under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, or content on the Site.
Because some states or jurisdictions do not allow the exclusion or limitation of certain damages, in such states our liability will be limited to the fullest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its parent, subsidiaries, and affiliates, and each of their respective owners, officers, directors, managers, employees, contractors, agents, licensors, service providers, suppliers, successors, and assigns (collectively, the “Company Parties”) from and against any and all claims, liabilities, losses, expenses, damages, and costs (including attorneys’ fees) arising out of or relating to: (a) your use of the Site or products (including any use by anyone logging in under your account); (b) your breach or violation of these Terms or of any law or regulation; (c) your violation of any rights of any third party, including intellectual property, privacy, or other rights; or (d) any User Content you submit or actions you take (or fail to take) related to the Site or our products.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations), in which event you agree to cooperate fully with our defense of such claim. You will not settle any claim that affects the Company Parties or imposes any obligation on the Company Parties without our prior written approval. This indemnity survives termination of your use of the Site or these Terms.
Electronic Consent and Signature:
The Company conducts transactions electronically and you consent to contracting and transacting electronically. When you use our Site (for example, by clicking an “I Agree” or “Place Order” or similar button, or ticking a checkbox indicating consent), you agree that such action constitutes your electronic signature to the relevant document or transaction. You agree that your electronic consent is equivalent to your manual/physical signature and that it constitutes your agreement and intent to be bound by these Terms and any related transaction (such as an order). You further acknowledge that all communications, disclosures, and agreements we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you do not agree to transact business electronically or to the use of electronic records and signatures, then you must refrain from using the Site. By checking the acceptance box or clicking to accept or agree to these Terms when this option is presented to you, you affirmatively consent to the use of electronic signatures and records.
Record of Agreement: You should print or save a local copy of these Terms for your records. We may also retain a record indicating that you accepted these Terms (such as an electronic timestamp). You agree not to contest the validity or enforceability of these Terms or any related transaction electronically signed or conducted by reason of the electronic form.
Governing Law
These Terms and any disputes arising out of or relating to these Terms, the Site, or the products shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any choice or conflict of law provision or rule. Notwithstanding the foregoing, nothing in these Terms shall limit the application of mandatory consumer protection laws that cannot be waived by agreement, including but not limited to laws governing product liability, personal injury, or health and safety regulations applicable in your jurisdiction of residence or where the product is used.
“Dispute” means any claim, controversy, or dispute (whether in contract, tort, statute, or otherwise) arising out of or relating to these Terms, the Site, any products or services, any transaction, or the relationship between you and the Company, including any issue concerning formation, interpretation, validity, enforceability, performance, or breach of these Terms, and any challenge to the scope or enforceability of any governing law, forum selection, jury waiver, class waiver, or arbitration provision.
Dispute Resolution & Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. It affects your legal rights by requiring arbitration of disputes (with limited exceptions) and a waiver of the ability to bring or participate in a class action.
By agreeing to these Terms, you are giving up your right to go to court (except small claims court) and your right to participate in any class or representative action.
Waiver of Jury Trial: To the fullest extent permitted by applicable law, any legal action arising out of or related to a dispute between you and the Company shall be tried before a judge and not a jury. You acknowledge and agree that this waiver is knowing and voluntary.
Initial Dispute Resolution – Notice Requirement: Most customer concerns can be resolved quickly by contacting us at the contact information contained below. You agree to try to resolve disputes informally before resorting to arbitration. Therefore, you agree that before taking any formal action, you will contact us and provide a written “Notice of Dispute” that briefly describes the nature of your dispute and the relief you seek. Send this notice to the Company at the contact information contained below. The Company will acknowledge receipt of your Notice of Dispute. You and the Company agree to negotiate in good faith to resolve the dispute for at least 30 days from the date the Notice of Dispute is received (or any longer period agreed to, “Negotiation Period”). If we do not resolve your claim within the Negotiation Period, either party may proceed to initiate arbitration. Any applicable statute of limitations is tolled during the Negotiation Period.
Binding Arbitration Agreement: If we cannot resolve a dispute informally, any and all disputes, claims, or controversies arising out of or relating to these Terms, your use of the Site, your purchase or use of our products, any representations or statements made by the Company or its agents (whether written, oral, or implied), any alleged product defect, personal injury, adverse health effects, or any other matter whatsoever connected with your relationship with the Company, shall be resolved solely by final and binding arbitration administered by Advanced Resolution Management (“ARM”) in accordance with its Comprehensive Arbitration Rules and Procedures, and not in court, except for the limited exceptions below. If ARM is unavailable or unwilling to handle the dispute, the parties shall mutually select an alternative arbitral forum with similar rules. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN LITIGATION AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. This includes claims for personal injury, product liability, negligence, strict liability, breach of warranty, misrepresentation, or violation of any federal, state, or local statute, regulation, or ordinance.
Arbitration Procedure: A single neutral arbitrator shall be appointed in accordance with the rules of the arbitration provider. Arbitration hearings will take place in Clark County, Nevada, unless you and we agree to a different location. At your option, if the claim does not exceed $10,000, you may choose to have the arbitration conducted solely on the basis of documents submitted to the arbitrator, or through a telephonic or video conference hearing, to avoid travel costs. The arbitrator shall apply the substantive law of the State of Nevada (without regard to conflict of laws principles) and applicable federal law as set forth in these Terms. The arbitrator may award on an individual basis only those remedies that would be available in court under applicable law for the individual claim presented, and may not award relief that affects persons or entities other than the parties to the arbitration. The arbitrator may not award punitive, exemplary, consequential, or incidental damages except where expressly authorized by statute. The arbitrator’s decision and award shall be final and binding on the parties (except for any appeal right under the Federal Arbitration Act) and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Arbitration Costs: Payment of all filing, administration, and arbitrator fees will be governed by the arbitration provider’s rules, provided that the Company will advance or reimburse filing and administrative fees if the arbitrator finds that you cannot afford to pay them or that your claims are not frivolous. Each party will bear their own attorney's fees and costs unless: (a) applicable law requires otherwise; (b) the arbitrator determines that a party's claim or defense was frivolous or brought for an improper purpose; or (c) a statute authorizes an award of attorney's fees to the prevailing party. If you prevail on a claim that affords attorney's fees, the arbitrator may award reasonable fees as provided by law. However, if the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you may be required to reimburse the Company for reasonable arbitration fees advanced on your behalf, provided that such reimbursement shall not exceed the filing fee that would have been required in the court of competent jurisdiction for the same claim.
Exceptions to Arbitration: Limited Court Actions: Notwithstanding the foregoing, either party may choose to pursue a claim in small claims court (or an equivalent court for minor disputes) for disputes or claims within the scope of that court’s jurisdiction, as long as the matter remains in such court and is adjudicated on an individual (non-class, non-representative) basis. Additionally, either party may seek provisional or ancillary remedies in a court of competent jurisdiction before, during, or after arbitration proceedings for the limited purposes of: (a) enforcing intellectual property rights; (b) addressing unauthorized use, misappropriation, or abuse of the Site or Company's confidential information; (c) obtaining temporary restraining orders, preliminary injunctions, or other provisional relief to preserve the status quo or prevent irreparable harm pending arbitration; or (d) enforcing or challenging an arbitration award. The pursuit of such court remedies shall not constitute a waiver of the right or obligation to arbitrate, and any party may request that litigation be stayed pending completion of arbitration. For the avoidance of doubt, claims within the jurisdictional limits of small claims court may be brought in that forum on an individual basis, including claims related to product purchases, provided such claims do not seek injunctive or declaratory relief beyond the court's jurisdiction.
Class Action Waiver: YOU AND THE COMPANY EXPLICITLY AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RESOLUTION PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER REPRESENTATIVE OR COLLECTIVE PROCEEDING, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THIS WAIVER DOES NOT APPLY TO PRIVATE ATTORNEY GENERAL ACTIONS UNDER CALIFORNIA'S PRIVATE ATTORNEYS GENERAL ACT (PAGA) OR SIMILAR STATE STATUTES WHERE SUCH WAIVERS ARE UNENFORCEABLE UNDER APPLICABLE LAW. YOU MAY NOT ACT AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY CLAIM, SUIT, ACTION, OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE, CLASS, OR COLLECTIVE PROCEEDING. IF A COURT OR ARBITRATOR DETERMINES THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION HAVE BEEN EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN THAT CLAIM OR REQUEST FOR RELIEF SHALL BE SEVERED AND DECIDED IN COURT, AND ANY OTHER CLAIMS OR REQUESTS FOR RELIEF MUST BE ARBITRATED. This waiver applies to all claims including but not limited to product liability, personal injury, consumer protection, false advertising, unfair competition, breach of warranty, and statutory claims under federal, state, or local law.
Severability of Arbitration Provisions: Except as provided below regarding the Class Action Waiver, if any portion of this Dispute Resolution section is deemed invalid or unenforceable by a court or arbitrator of competent jurisdiction, the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' intent, or if such modification is not possible, the provision shall be severed, and the remainder of this section shall remain in full force and effect. If the Class Action Waiver is found to be unenforceable or unlawful for any reason with respect to a particular claim or request for relief, and such determination becomes final after all appeals are exhausted, then: (a) any such claim or request for relief shall be severed from the arbitration and may be brought in court, subject to the Forum Selection provisions below; (b) any remaining claims or requests for relief that are not subject to the unenforceability determination must be arbitrated on an individual basis; and (c) the severance of such claim or request for relief shall not affect the enforceability of the Class Action Waiver or any other provision of this Arbitration Agreement with respect to other claims or parties. Notwithstanding the foregoing, if a court determines that the Class Action Waiver is wholly unenforceable as to all claims and parties, and such determination becomes final, then the entirety of this Arbitration Agreement (but not the other provisions of these Terms) shall be null and void, and any dispute must be brought in court subject to the Forum Selection and governing law provisions of these Terms. All provisions of this Dispute Resolution section shall survive the termination of your account, your use of the Site, or these Terms.
Mass Arbitration Procedures: If 25 or more claims arising from or relating to similar facts, transactions, or occurrences are asserted against the Company by or on behalf of claimants represented by the same law firm, coordinated counsel, or counsel acting in concert (whether filed simultaneously or within any 30-day period), the following bellwether arbitration procedures shall apply and supersede any conflicting provisions in this Agreement or the arbitration provider's rules, provided that these procedures shall not unreasonably delay any claimant's right to pursue their individual claim. The remaining claims shall be stayed pending the completion of the initial batch of bellwether arbitrations, including any appeals, provided that no claim shall be stayed for more than 18 months from the date the mass arbitration procedures are invoked without the express written consent of the affected claimant. During any stay, all statutes of limitations and contractual deadlines applicable to the stayed claims shall be tolled. Any claimant may opt out of the bellwether process and proceed with their individual arbitration by providing written notice to the Company and the arbitration provider. No party shall be required to pay filing fees or other costs for stayed claims until they proceed to arbitration. Within 30 days after the final resolution of the initial batch (including any appeals), the parties shall engage in good faith settlement discussions. If no global resolution is reached within 60 days after completion of the initial batch, either party may invoke the next batch of claims following the same procedures. Zenith Strategy, LLC reserves the right to offer a global settlement at any time, and claimants' counsel shall have a duty to communicate any such offer to all affected claimants within 10 business days. This batch arbitration process shall not be construed as, and does not constitute, a class action, collective action, or representative action of any kind. It is solely a procedural mechanism to efficiently manage multiple individual arbitrations. Each claim remains wholly individual and separate. No claim shall have preclusive effect on any other claim, and no claimant shall be bound by the outcome of any other claimant's arbitration. Each claimant must prove their individual claim, damages, and entitlement to relief. All rights and obligations under this Agreement (including the individual nature of each claim and the prohibition on class or collective proceedings) remain in full force and effect. Any filing fees or administrative costs for the arbitrations will be addressed in accordance with the arbitration provider's procedures for multiple claims or as otherwise agreed by the parties in writing. For the initial batch, the Company shall select half of the claims and the claimants' counsel shall select the other half. If the batch size is an odd number the Company shall select the additional claim. The selection process shall be completed within 14 days after the mass arbitration procedures are invoked. The rest stay on hold until those initial arbitrations are completed. After that, the parties can either use the results to negotiate a broader settlement or move forward with additional batches. To be clear: this batching approach is purely procedural-it is designed to manage the volume efficiently, not to convert individual claims into some form of class or group arbitration. Every claim remains individual, and all parties retain their respective rights and obligations under this Agreement. For the initial batch of claims, filing fees and administrative expenses shall be allocated in accordance with the arbitration provider's mass filing protocols or fee schedule. For stayed claims, no filing fees or administrative costs shall be due until such claims proceed to arbitration. The Company shall not be required to advance or pay filing fees for more than the number of claims in the current active batch. If the arbitration provider lacks mass filing protocols, each party shall bear their own filing fees for their selected claims in each batch, and any provider administrative fees shall be split equally between the Company and the claimants' counsel group for that batch.
Delegation. The arbitrator (and not any court) shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable.
Forum Selection
Except where these Terms require arbitration, any legal action arising out of or related to a Dispute between you and the Company must be brought exclusively in a state or federal courts in Clark County, Nevada. Accordingly, you and the Company consent to the exclusive personal jurisdiction and venue of such courts for such matters and waive any objection to and agree not to assert any defense based on jurisdiction or venue.
International Users
We operate the Site from the United States. We make no representation that the Site or its content (including product offerings) are appropriate or available for use in other locations. Users who access the Site from outside the U.S. do so on their own initiative and are responsible for compliance with local laws. Some countries have laws and regulatory requirements that differ from those in the U.S.; by using our Site or ordering our products, you agree that you are responsible for ensuring compliance with any local requirements. The fact that our products or Site may be accessible in a foreign jurisdiction does not mean we consent to the jurisdiction or laws of that country. We reserve the right to limit, in our sole discretion, the availability of our products or services to any person or geographic area.
Corporate Separateness and No Third-Party Beneficiaries
Separate Entities: The Company comprises multiple affiliated entities (such as marketing, distribution, and IP holding companies). Each such entity is operated as a separate and independent entity in accordance with corporate formalities and is responsible for its own obligations. Nothing in these Terms is intended to or shall create any joint venture, partnership, agency, or joint liability between or among any of the Company entities. When these Terms refer to “the Company,” that refers to the entity providing the Site or selling the product to you, as applicable, and does not automatically implicate any other affiliate. You agree that you will not assert any claim or attempt to impose liability on any Company affiliate or parent company that is not directly a party to your transaction.
No Third-Party Beneficiaries: These Terms are for the benefit of you and the Company (and Company Parties as defined for indemnification purposes). No other person or entity shall have any rights or remedies under these Terms as a third-party beneficiary or otherwise. This means, for example, that while our affiliates and officers are protected by provisions like Indemnification and Limitation of Liability, they cannot independently enforce the contract against you – enforcement is reserved to the contracting parties.
Modifications to Terms
The Company reserves the right to change or update these Terms at any time in its sole discretion. If we make material changes, we will notify users by posting the updated Terms on the Site and updating the “Last Updated” date at the top, or by other prominent communication. It is your responsibility to review these Terms periodically. Your continued use of the Site or purchase of products after any modifications constitutes acceptance of the new Terms. If you do not agree to any updated Terms, you must stop using the Site. For any material changes to the arbitration agreement or class waiver, we will provide notice and an opportunity to opt out of such changes (which you can do by ceasing use of the Site).
Force Majeure
The Company shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, public health emergencies, labor disputes, supply chain disruptions, carrier delays, governmental actions, embargoes, war, civil unrest, power failures, or internet or telecommunications interruptions. The Company’s obligations shall be suspended for the duration of such event.
Termination
These Terms are effective unless and until terminated by either you or the Company. You may stop using the Site at any time. We may terminate or suspend your access to the Site (in whole or in part) without prior notice if we believe you have violated these Terms or if we decide to discontinue the Site or any portion of it. Upon termination for any reason: all rights granted to you under these Terms will cease; and you must immediately cease all use of the Site and destroy any copies of downloaded materials in your possession. Sections that by their nature should survive termination (such as disclaimers of warranties, limitations of liability, dispute resolution, etc.) shall survive. The Company shall not be liable to you or any third party for any termination of your access to the Site or deletion of your account or content.
No Waiver
No failure or delay by the Company to exercise any right, power, or privilege under these Terms shall operate as a waiver thereof. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the Company. A specific waiver of one term or breach does not imply a waiver of any other term or any future breach.
Severability
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remainder of the Terms will continue in full force and effect. In other words, the invalid part will be severed and the rest of the agreement will remain valid and enforceable. If a particular provision is deemed invalid only in a certain jurisdiction, it will remain in force in other jurisdictions.
Entire Agreement
These Terms, together with our Privacy Policy and any other policies or rules that we incorporate by reference (including without limitation any product labeling, marketing materials, or third-party seller terms), constitute the entire agreement between you and the Company with respect to the Site and your purchase or use of our products. It supersedes all prior or contemporaneous understandings and agreements, whether written or oral, relating to such subject matter. You acknowledge and agree that: (a) you have not relied on any statement, representation, warranty, promise, inducement, or understanding other than those expressly set out in these Terms; (b) you have had sufficient opportunity to review these Terms and seek independent legal advice; (c) no oral or written information or advice given by the Company, its employees, agents, distributors, or representatives shall create any warranty, representation, or guarantee not expressly stated in these Terms; (d) any testimonials, reviews, or statements by other users or third parties do not constitute representations or warranties by the Company; and (e) you waive any claims based on statements, representations, or information not expressly contained in these Terms, to the maximum extent permitted by law.
Notice Information
If you have any questions, concerns, or comments about these Terms or our Services, please contact us at the information below. For questions specifically about our privacy practices or to exercise your privacy rights, please refer to our Privacy Policy or contact our privacy team using the contact information provided therein. Any notice to you may be provided by email, posting on the Site, or other reasonable means. You agree that any notices, disclosures, or other communications that we send electronically will satisfy any legal communication requirements, including that such communications be in writing, provided that you have consented to receive electronic communications as set forth in these Terms. You have the right to withdraw your consent to receive electronic communications and receive paper copies by contacting us using the information below, though this may limit your ability to use certain Services. For formal legal notices or service of process, please use the mailing address provided below:
Email: support@oxeblue.com
Mail: Oxe Blue, 2300 W. Sahara Ave. Las Vegas, Nevada 89102
We value our customers and will make commercially reasonable efforts to address your inquiry promptly, typically within 5-7 business days for non-urgent matters. However, response times may vary based on inquiry volume and complexity. Please note that: (a) customer service responses do not constitute legal advice, formal legal communications, or binding commitments unless specifically confirmed in writing by an authorized officer of the Company; (b) customer service representatives are not authorized to make medical or health-related recommendations regarding diagnosis, treatment, cure, or prevention of any disease or health condition-please consult your healthcare provider for any health-related questions; (c) any information provided is for general informational purposes only and does not modify these Terms or create additional warranties or obligations; and (d) for urgent product safety concerns or adverse reactions, please also contact us at the mailing address or email listed above immediately and seek appropriate medical care. If you experience a serious adverse event, we are required by federal law to report it to the FDA, and we may need to collect additional information from you or your healthcare provider. Nothing in this contact information section creates any obligation on the Company's part beyond what is expressly stated in these Terms or required by applicable law.