PLEASE READ THESE TERMS AND CONDITIONS OF USE AND SERVICE CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING, ACCESSING, AND USING THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE, SERVICE, AND SERVICE PROVIDERS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
These terms and conditions of use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void unless otherwise agreed to in a written agreement signed by both Customer and Pathealth Laboratories, LLC.
THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CAFORNIA, WITHOUT REGARD TO CONFLICTS OF LAW.
The products, claims, reviews, and testimonials made about products and services on or through this site have not been evaluated by Pathealth Laboratories, LLC or the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information provided on this site and any information contained on or in any product label or packaging is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before using any of our products, starting any diet, exercise, supplementation program, taking any medication, or if you have or suspect you might have a health problem or have a family history of health problems. Individual results may vary. Pathealth Laboratories, LLC urges you to seek the advice of a qualified professional for any health concern lasting more than two weeks and to share with your provider any information pertaining to your health and well-being, including the use of supplemental nutrition. You should not stop taking any medication without first consulting your physician.
Shopping. All e-commerce is brought to you by Pathealth Laboratories, LLC or an operational service provider under this Agreement. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through the Site, nor are we responsible for assisting you in correcting any problem you may experience with Products if you do not notify us within the 5 days period for any goods or services not obtained directly on the Site. You agree that your sole and exclusive remedy and our sole, exclusive, and maximum liability arising from or relating in any way to any Product shall be the amount you actually paid us (or our suppliers, operational service providers, or other e-commerce partners) for it. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Products may be purchased while supplies last. If a Product is listed at an incorrect quantity or price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge).
Payment Terms. You acknowledge that Pathealth Laboratories, LLC reserves the right to charge for any portion of the Pathealth Laboratories, LLC Services and to change its fees (if any) from time to time at its discretion. If Pathealth Laboratories, LLC terminates your Account/Membership because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of fees or payments (if any). If you purchase or use Pathealth Laboratories, LLC Credits, or make direct payments, you agree to our Payment Terms. Terms of payment are within Pathealth Laboratories, LLC sole discretion, and unless otherwise agreed to by Pathealth Laboratories, LLC, payment must be received by Pathealth Laboratories, LLC prior to Pathealth Laboratories, LLC acceptance or shipment of an order. Payment for the products will be made by credit card, money order, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Pathealth Laboratories, LLC. Invoices are due and payable within the time period noted. Pathealth Laboratories, LLC may invoice parts of an order separately. Orders are not binding upon Pathealth Laboratories, LLC until accepted by Pathealth Laboratories, LLC. Any price quotations given by Pathealth Laboratories, LLC will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Our creation or transmission of order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval. We reserve the right to refuse, cancel, or seek the return any Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site. If an order consists of multiple items, they may be shipped separately depending on availability.
Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Pathealth Laboratories, LLC invoice(s). Unless Customer provides Pathealth Laboratories, LLC with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Pathealth Laboratories, LLC acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however, designated, except for Pathealth Laboratories, LLC franchise taxes and taxes on Pathealth Laboratories, LLC net income. If applicable, a separate charge for taxes will be shown on the Pathealth Laboratories, LLC invoice.
Products. Pathealth Laboratories, LLC policy is one of ongoing product updates and revisions, often on a daily basis. Product descriptions and labeling may have inaccuracies or incorrect nutrition facts, information, and claims. Pathealth Laboratories, LLC may revise and discontinue products at any time. Pathealth Laboratories, LLC reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice. Pathealth Laboratories, LLC may source products from different suppliers around the world. We do our best to maintain the accuracy of the information on our website but at times there may be mistakes. If you see a mistake in a product description or label or misrepresentation, please contact us so we can correct the error immediately.
Title; Risk of Loss. Title to products passes from Pathealth Laboratories, LLC to Customer on shipment from Pathealth Laboratories, LLC facility. Loss or damage that occurs during shipping by a carrier selected by Pathealth Laboratories, LLC is Pathealth Laboratories, LLC ‘ responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility.
Deactivation/Termination of Your Account or Use. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. Even after Account/Membership is terminated, this Agreement will remain in full effect.
Limitation of Liability. Pathealth Laboratories, LLC IS NOT LIABLE FOR ANY REASON FOR ANY BARGAINED-FOR EXCHANGE VIOLATION, DAMAGES, MEDICAL EXPENSES, LOSS, SICKNESS, OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS SITE, SERVICES, SERVICE PROVIDERS PRODUCTS, INFORMATION, PRODUCT LABELS, NUTRITION FACTS, PRODUCT DESCRIPTIONS, FALSE BENEFITS, LINKS, FALSE CHARACTERISTICS, RECOMMENDATIONS, REPRESENTATIVES ADVICE, FALSE STATEMENTS, VIDEOS, OR SUGGESTIONS. Pathealth Laboratories, LLC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, LEGAL BILLS, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY… USE OF (OR INABILITY TO USE) THE SITES, USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES; FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR… LINE FAILURE. KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING… DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY; DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, “CONSEQUENTIAL DAMAGES”); OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, “INCIDENTAL DAMAGES”). FURTHERMORE, WE AND OUR SERVICE PROVIDERS ARE NOT LIABLE EVEN IF WE’VE BEEN MISLEADING, NEGLIGENT, DECEPTIVE OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES — OR BOTH.
Binding arbitration; waiver of class action rights; severability. Binding arbitration is a means of having an independent third party resolve a Covered Dispute without using the court system, judges, or juries. Either You (“Customer”, reseller, wholesaler, consumer, and website visitor) or We (“Pathealth Laboratories, LLC” including Pathealth Laboratories, LLC assignees, agents, employees, consultants, independent contractors, officers, parent companies, sister companies, directors, shareholders, subsidiaries, members, affiliates, predecessors and successors, suppliers and Licensors (collectively the “Service Providers”)) may require the submission of a Covered Dispute to binding arbitration at any reasonable time. You and Pathealth Laboratories, LLC, agree that if a Dispute, Claim, disagreement, misunderstanding, or controversy (collectively referred to as Dispute), whether in contract, tort or otherwise, whether pre-existing, present or future and including statutory, common law, intentional tort and equitable claims, arises between you and Pathealth Laboratories, LLC, upon demand by either you or Pathealth Laboratories, LLC, the Dispute shall be resolved exclusively and finally by the following binding arbitration process. However, Pathealth Laboratories, LLC shall not initiate arbitration to collect a debt but reserves the right to arbitrate all other disputes. A “Dispute” is any unresolved disagreement between you and Pathealth Laboratories, LLC whether or not you have made a purchase. It includes but is not limited to any losses or disagreement relating in any way to Pathealth Laboratories, LLC, its SITE, Service, Service Providers, products, related services, related purchase, expenses, damages, costs, loss of investments, Certificate of Analysis results (CoA), legal fees, medical fees, advertising, marketing, product country of origin, product nutrition facts and supplement facts panels, product taste, product color, product smell, product consistency, promotions, product descriptions, product testing, product labels, custom product blends, custom packaging, product claims, product quality, product purity, product contamination, laboratory tests and reports, product additives, product mix-ups, product heavy metal content, California Proposition 65 (California Safe Drinking Water and Toxic Enforcement Act of 1986), website performance, website content written and implied, arising from or relating to disagreements about the meaning or application of this Agreement, its interpretation, or the breach, termination or validity thereof, and the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties. It includes claims based on breach of express or implied warranties, broken promises, bargained-for exchange illusory promises, deceptions, misrepresentations, misinformation, miscommunication, contracts, torts, or other wrongful actions. It also includes statutory, common law and equitable claims. This Arbitration Agreement shall survive the payment or closure of your Account and discontinued use of the Site, Services, and Service Providers. You understand and agree that you and Pathealth Laboratories, LLC are waiving the right to a jury trial or trial before a judge in a public court. As the sole exception to this Arbitration Agreement, you and Pathealth Laboratories, LLC retain the right to pursue in small claims court any Dispute that is within that court’s jurisdiction. If either you or Pathealth Laboratories, LLC fails to submit to binding arbitration following lawful demand, the party so failing bears all costs and expenses incurred by the other in compelling arbitration.
Arbitration Procedure; Severability. Either you or Pathealth Laboratories, LLC may submit a Dispute to binding arbitration at any time notwithstanding that a lawsuit or other proceeding has been previously commenced. Neither you nor Pathealth Laboratories, LLC shall be entitled to join or consolidate disputes by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to act in a private attorney general capacity.
You and We each agree to take all steps and execute all documents necessary for the implementation of arbitration proceedings. The arbitrator may hear and rule on appropriate dispositive motions as part of the arbitration proceeding, such as motions for judgments on the pleadings, summary judgment, or partial summary judgment. The Arbitration Administrator, the arbitrators, You and We, must, to the extent feasible, take any necessary action to ensure that an arbitration proceeding, as described in this Arbitration Provision, is completed within 180 days of filing the Covered Dispute with the Arbitration Administrator.
The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute or controversy between Customer and Pathealth Laboratories, LLC. The arbitration shall be conducted in English and held in California at the office of Pathealth Laboratories, LLC, in person, by telephone, or video conference as determined by agreement of the parties or, in the absence of agreement, by the Arbitrator(s). Discovery will be limited to a timely exchange of documents. Any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The Parties agree to keep confidential the arbitration and any Award rendered by the Arbitrator(s).
Rights Preserved. Any statute of limitations applicable to any Dispute applies to any arbitration between the Parties. The provisions of this Arbitration Agreement shall survive termination, amendment or expiration of the Account or any other relationship between you and Pathealth Laboratories, LLC.
Fees and Expenses of Arbitration. Arbitration fees shall be determined by the rules or procedures of the Arbitration Administrator unless limited by applicable law. Please check with the Arbitration Administrator to determine the fees applicable to any arbitration You may file. If the law applicable to this Agreement limits the number of fees and expenses to be paid by You, then no allocation of fees and expenses to You shall exceed this limitation. Unless inconsistent with applicable law, each of Us shall bear the expense of our own attorney, expert, and witness fees, regardless of which of Us prevail in the arbitration.
Applicable Law. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Pathealth Laboratories, LLC has separate terms and conditions governing resales.
To register with Pathealth Laboratories, LLC you must provide a valid e-mail address as well as certain other information. You may provide only true, complete, and current information about yourself. If you are between 13 and 17 you must provide your parents or legal guardians.
Return Policies. Customer satisfaction is very important to us and we will do what we can to make it right. If there is a problem with your order, please let us know and we will be happy to provide usage assistance and discuss all the options with you.
We guarantee the freshness and purity of our products when stored properly. It is normal for the taste, smell, texture, color, density, and clumsiness to vary from batch to batch due to seasonal variations and the unique nature of our raw minimally processed products. Therefore, we are unable to accept returns and give refunds based on personal tastes, preferences, or natural variances from batch to batch.
Pathealth Laboratories, LLC, at its sole discretion, on a case-by-case basis, will determine if a product may be returned within 30 days of purchase. Orders over 30 days old cannot be returned or refunded. Before returning any product, the customer must contact Pathealth Laboratories, LLC to obtain an RMA (Return Merchandise Authorization) number. Returns will not be accepted without prior approval. Shipping charges are not refundable and products must be returned unopened and unused, in good, re-sellable condition in order for a credit or refund to be granted. Opened food products may not be returned. Return shipping and handling charges may apply to undeliverable or refused packages. Credit or refund will be given only after the product is returned and inspected and a minimum restocking fee of 20% may apply at Pathealth Laboratories, LLC sole discretion. Pathealth Laboratories, LLC is not responsible for return shipping costs.
If there is damage during shipping or an error in the products shipped, Pathealth Laboratories, LLC may, at its sole discretion, reship or refund the shipment and may require the return of the original shipment.
This return policy applies to orders purchased directly from Pathealth Laboratories, LLC.
Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of California. You agree that any legal action or proceeding between Pathealth Laboratories, LLC and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in binding arbitration of competent jurisdiction sitting in California. You hereby waive your right to a jury trial in any action with respect to Pathealth Laboratories, LLC and the subject matter of this Agreement. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. Pathealth Laboratories, LLC failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Pathealth Laboratories, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Proposition 65. Prop 65 is a California law formally known as the Safe Drinking Water and Toxic Enforcement Act. Prop 65 is a unique California only “right to know” law that requires products sold in California or online to California customers to bear warning notices about potential exposure to any of the over 1,000 substances listed by the state as causing cancer, birth defects, or other reproductive harm. The list includes synthetic and naturally occurring chemicals that are found in common household products including food, drugs, and other products. Listed chemicals including lead, cadmium, and products containing even very small amounts of these or any other listed chemical must have a California Proposition 65 warning. If your shipping address is in California you must agree that you understand and consent to the following which applies to every product we ship to California:
California Proposition 65 WARNING: Cancer and Reproductive Harm –www.P65Warnings.ca.gov/food
California Proposition 65 WARNING: Consuming this product can expose you to chemicals, including lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For further information go to www.P65Warnings.ca.gov/food
For additional information about California Proposition 65 see http://www.oehha.ca.gov/prop65.html
Use of Pathealth Laboratories, LLC products for further manufacturing, repackaging, private labeling or retailing: If a client uses Pathealth Laboratories, LLC products for further manufacturing, repackaging, private labeling or resells Pathealth Laboratories, LLC products, it assumes all responsibility in compliance and Proposition 65 Notice requirements for products directly or indirectly sold in California, or placed in commerce for sale in California, and assumes responsibility for providing proper and compliant notice and warning materials to the authorized agents of retailers, as described in California Code of Regulations Title 27 § 25600.2(b) and (c). This must include a notice that the product requires an Internet warning if it will be or may be sold online.
California Proposition 65 Warning on Finished Products: Clients producing products, whether supplied in retail or bulk packaging, shall be solely responsible to determine if the product contains a listed chemical at a concentration that requires notice and, if so, label the product or its retail packaging with the warning as required. It is the responsibility of the client to verify that finished products comply with these limits and comply with all local laws, including California Proposition 65compliant product labeling and online warnings. Failure to do so can result in significant legal fees and civil penalties.
Pathealth Laboratories, LLC does not warrant and shall have no liability for information provided in this site regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The claims made about specific nutrients or products have not been evaluated by the US Food and Drug Administration or the US Department of Agriculture. Dietary supplements are not intended to diagnose, treat, cure, or prevent disease. Pathealth Laboratories, LLC makes no guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose.