Terms and Conditions of Use of Website
NOTICE: As a user of this website, your (“User”) use of this website, www.usplabsdirect.com, and any online services (“Use”) are subject to the following terms and conditions (the “Agreement”). THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION CLAUSE, stated below.
1.nbsp; Disclaimer Regarding Other Websites. (a) USPlabs, LLC (“USPlabs”) products are offered, advertised and reviewed on external third-party websites. USPlabs is not responsible for the contents of any these third-party websites, or any website hyperlinked to this website. USPlabs advises our site visitors that these third-party websites are not affiliated with, or approved, or controlled by USPlabs. The opinions, claims, and endorsements that may appear on these third-party websites are the responsibility of the third-party website’s owner(s), and not of USPlabs.
(b) USPlabs suggests caution to the consumer when purchasing USPlabs products from any and all third-party distributors, resellers, retailers and the like.
(c) In no event or circumstance will USPlabs be held liable for any direct, indirect, incidental, consequential, special and/or punitive damages related to claims about the safety and efficacy of USPlabs products (“claims”) made by any distributor, retailer, reseller, or the like, of USPlabs products. Any and all claims about or surrounding USPlabs products are to be regarded as void, invalid and made without the explicit written consent of USPlabs. Any legal action based on third-party claims is subject to Dispute Resolution, as defined in Section 4.
(d) Any and all disputes, claims, and causes of action arising out of or in connection with third-party claims will be resolved individually, without resort to any form of class action.
2. Warnings. (a) The majority of the ingredients contained within our supplements are not featured on major prohibited substances lists, however USPlabs does not guarantee a negative result of any screening or testing for banned substances.
(b) A number of factors could reduce the efficacy of Seller’s products (“Products”) or even result in an ill effect following use. These include improper storage and handling of the Products after the Products are shipped by USPlabs, the medical condition of the person taking the Products, and the biological differences in the individuals taking the Products. Because of these factors, it is important that the Products be stored properly and that the directions for use be followed carefully.
3. Limitation of Liability. (a) USER’S EXCLUSIVE REMEDY IN CONNECTION WITH THE USE OF THIS WEBSITE OR THE PRODUCT IS A REFUND OF THE PURCHASE PRICE, IF ANY, ACTUALLY PAID BY USER. TO OBTAIN A REFUND, USER MUST FIRST DISCONTINUE USE OF THE WEBSITE OR SHIP THE PRODUCT SUBJECT TO THE REFUND TO USPLABS.
(b) IN ANY EVENT, USPLABS’ MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE USER PAID FOR THE USE OF THE WEBSITE OR PRODUCT. USPLABS IS NOT LIABLE FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, LOST PROFITS, OR LOST REVENUES.
(c) IN NO EVENT OR CIRCUMSTANCE WILL USPLABS BE LIABILE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES AS A RESULT OF OR DUE TO THE USE OF THE WEBSITE OR PRODUCT(S).
(d) TO THE FULLEST EXTENT PERMITTED BY LAW, USPLABS WILL NOT IN ANY WAY BE RESPONSIBLE FOR ANY AWARD OF ANY TYPE OF SPECIAL, PUNITIVE, EXEMPLARY OR STATUTORY DAMAGES.
3. Indemnification. You agree to indemnify and hold harmless USPlabs from and against any and all claims, liabilities, losses, causes of action, judgments, settlements, damages, costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs arising from (i) your use of this Website or the Product(s) in a negligent, fraudulent, or illegal manner; and (ii) claims by third parties in any manner related to your purchase or use of the Website or Product(s).
4. Dispute Resolution. (a) Any and all disputes, claims, causes of action, or controversies of any kind arising out of or in connection to the Use of this Website or the Product or this Agreement (the “Disputes”) will be fully and finally resolved by binding arbitration in accordance with the rules of the American Arbitration Association, and will take place in Dallas, Texas.
(b) Any and all Disputes will be resolved individually, without resort to any form of class action.
(c) Any and all claims, judgments, and awards will be limited to the actual out-of-pocket amount paid by you to USPlabsDirect.com, but in no event attorneys’ fees.
(d) Under no circumstances will you be permitted to obtain awards for, and each Site user hereby waives all rights to claim punitive, incidental, or consequential damages, any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.