Information Covered By This Terms And Conditions Policy
This website is solely owned by Pharmaxa Labs, LLC. Please read these Terms and Conditions of Use (“Agreement”) carefully before using our website. This Agreement sets forth the legally binding terms and conditions for your use of the various websites owned and operated by Pharmaxa Labs, LLC, (the “Company”). When this Terms and Conditions Policy mentions “we,” “us,” or “our,” it refers to Pharmaxa Labs, LLC the owners of the website you are now visiting.
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (collectively with any amendments, “TERMS AND CONDITIONS“) BEFORE PLACING AN ORDER OR USING THIS WEBSITE. THIS WEBSITE IS OWNED AND OPERATED BY PHARMAXA LABS, LLC (COLLECTIVELY “PHARMAXA LABS, LLC”, “US”, “WE” or “OUR”). THE TERMS AND CONDITIONS MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION.
BY USING THIS WEBSITE OR ANY WEBSITE OF PHARMAXA LABS, LLC PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 18 YEARS OLD AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR PHARMAXA LABS, LLC’S PRODUCTS AND SERVICES.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE PHARMAXA LABS, LLC PRODUCTS OR SERVICES.
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Your continued use of the Sites and/or other products or services of Pharmaxa Labs, LLC after any such changes constitutes your acceptance of the new Terms and Conditions. Any updates or amendments will be posted on the Sites. The Terms and Conditions displayed on the Sites at the time the order is accepted will apply to the order. These Terms and Conditions govern and apply to your (“you” or “your“) access to and use of the Site and ANY related product website that is directly connected to Pharmaxa Labs, LLC product or services on which these Terms and Conditions appear, any order you place through any of the Sites, and to all products and services we supply, produce, distribute, or market.
Medical Disclaimer
The products and the claims made about specific products on or through this site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure, or prevent disease. Some of the products are not recommended for individuals under the age of 18. The information provided on this site is for informational purposes only and is not intended as a substitute for the advice from your physician or health care professional before starting any diet, exercise, or supplementation program, before taking any medication, or if you suspect you might have a health problem. Product information is derived from the product labels or from the manufacturer’s advertising material. We are not responsible for any statements or claims that various manufacturers make about their products. We cannot be held responsible for typographical errors or product formulation changes. Prices and information on these pages are subject to change without notice.
By sending an email to our website to ask a question, you understand that the person who replies to your email is not a licensed healthcare professional and will not have examined you or discussed your health condition with you. All comments, suggestions, questions, ideas, graphics, or other information you submit to us through our website or via email (“Submissions”) become our property. We will have no obligation of any kind to treat your Submission as confidential and will be free to use your Submission, in whole or in part for any purpose whatsoever throughout the world without compensation to you or any other person, or any acknowledgement as to source. You acknowledge that only you are responsible for your submission and you, not Pharmaxa Labs, LLC, have full responsibility for the submission, including originality, appropriateness, reliability, copyright, and legality.
Site Transactions
Indemnification
Copyright
All website design, text, graphics, the selection and arrangement thereof Copyright © 2024, PHARMAXA LABS, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print in hard copy portions of this website for the sole purpose of placing an order with Pharmaxa Labs, LLC or using this website as a shopping resource. Any other use of materials on this website–including reproduction for purposes other than those noted above, modification, distribution, or republication–without the prior written permission of Pharmaxa Labs, LLC product is strictly prohibited. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Pharmaxa Labs, LLC product.
Trademarks
Product Information
SMS Marketing
Subscription Service Agreement
Governing Law
Linking
Disclaimer
The user of this site agrees that the use of this site is undertaken at their own risk. No warranties are made by the Company, its subsidiaries, its agents, or any of its employees or officers that the site will operate error-free or without interruption. No warranties are made as to the accuracy of the information on the site.
THIS SITE, ITS CONTENT, AND ANY MERCHANDISE CONTAINED THEREIN ARE PRESENTED “AS IS,” NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ARE MADE BY THE COMPLAINANT, ITS AGENTS, AFFILIATES, EMPLOYEES OR OFFICERS, TO THE FULL EXTENT PERMISSIBLE BY FEDERAL, STATE AND LOCAL LAW, THE COMPANY DISCLAIMS ALL WARRANTIES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO ANY INJURY OR LOSS, CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM THE USE OF THIS SITE.
Waiver Of Class Action Rights
Modification Of Terms
General
Limitations On Liability
International Users
Termination
Third-Party Rights
Severability
If any provision of these Terms and Conditions, or part thereof, shall be deemed invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision, or part thereof, shall be deemed severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions or part thereof.
The terms of this section survive any termination of the Terms and Conditions.
Language
Disputes, Binding Individual Arbitration, And Waiver Of Class Actions And Class Arbitrations
Disputes. The terms of this Section shall apply to all Disputes between you and Pharmaxa Labs, LLC. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Pharmaxa Labs, LLC arising under or relating to the Products, the Sites, this Agreement, or any other transaction involving you and Pharmaxa Labs, LLC, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND PHARMAXA LABS, LLC AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR PHARMAXA LABS, LLC FOR (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT INFRINGEMENT OR MISUSE, AND (D) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in this Agreement, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
Binding Arbitration. You and Pharmaxa Labs, LLC further agree: (a) to arbitrate all Disputes between the parties pursuant to the provisions in this Agreement; (b) this Agreement memorializes a transaction in interstate commerce; (c) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (d) this Section shall survive termination of this Agreement. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction could and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
Dispute Notice. In the event of a Dispute, you or Pharmaxa Labs, LLC must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”).
The Dispute Notice to Pharmaxa Labs, LLC must be addressed to: Pharmaxa Labs, LLC, 80 Red Schoolhouse Rd, Building 109, Chestnut Ridge, NY 10977, U.S.A., Attn.: Chief Legal Officer (the “Pharmaxa Labs, LLC Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Pharmaxa Labs, LLC and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Pharmaxa Labs, LLC may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND PHARMAXA LABS, LLC AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be governed by the rules of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”), available at https://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this Agreement, except that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims.
If there is a conflict between the JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (a) trade secret misappropriation, (b) patent infringement, (c) copyright infringement or misuse, or (d) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in The State of New York at your option.
(a) Initiation of Arbitration Proceeding. If either you or Pharmaxa Labs, LLC decide to arbitrate a Dispute, we agree to the following procedure:
(i) Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at https://www.jamsadr.com (“Demand for Arbitration”).
(ii) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to: JAMS 620 Eighth Ave 34th Floor New York, NY 10018 USA P: 212-751-2700
(iii) Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.
(b) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Pharmaxa Labs, LLC or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Pharmaxa Labs, LLC is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
(c) Arbitration Fees. Pharmaxa Labs, LLC shall pay, or (if applicable) reimburse you for, all JAMS filing, administration, and arbitrator fees for any arbitration commenced (by you or Pharmaxa Labs, LLC) pursuant to provisions of this Agreement.
Amendments to this Section. Notwithstanding any provision in this Agreement to the contrary, you and Pharmaxa Labs, LLC agree that if Pharmaxa Labs, LLC makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Pharmaxa Labs, LLC address) in this Agreement, Pharmaxa Labs, LLC will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments.
If you affirmatively opt out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in this current Agreement, without any of the proposed amendments governing. If you do not affirmatively opt out of any future amendments, you will be deemed to have consented to any such future amendments.
Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of the Terms and Conditions.
Questions Or Additional Information
Product Resale Prohibited
Normal Returns
Our goal is to provide customers with timely service in the event a return is necessary. We recommend that you carefully read the following notes detailing our return policy. Please do not attempt to send unapproved product returns to us. All shipments returned without a return authorization number (RAN) will be refused. Sorry, there will be absolutely no exceptions.
Please click here with a request for a product return authorization number (RAN) prior to returning any merchandise. Merchandise must be returned in sealed, sellable condition in order to receive complete product credit.
Refused Delivery
Money Back Guarantee
Every unit of Pharmaxa Labs, LLC products that we sell has a 100% money-back guarantee! If you are unhappy for any reason whatsoever within 60 days from the date of receiving your order, you will receive a full refund of the product price. Simply request a return authorization number (RAN) and send back your units. It’s as simple as that.
If you received your Pharmaxa Labs, LLC product less than sixty (60) days ago and you are one of the few customers for whom the product does not work, we will refund your money. Please note that this return policy states that a maximum of 1 unit of Pharmaxa Labs, LLC product can be used/opened and the remaining bottles returned are to be sealed and un-tampered with. Your refund will be processed ONLY if you follow the instructions below. Here is what you need to do:
- To request a return number click here and fill out the online form (within 60 days of receiving your order) with your full name, order number, and the reason why you are returning the product. Your request for a return number will be reviewed for eligibility and if you are found eligible you will receive an email reply with a return order number. Please note that if you do not send in your request within 60 days of the date you received your order, you will not be refunded.
- Package all of the empty and/or full bottles and write the return order number legibly on the package. Please be aware that ALL bottles must be returned in order to receive a refund and that the correct amount of opened/closed bottles must be present. Any return order that does not contain all bottles ordered, will not be refunded.
- The order will be refunded to the original form of payment unless otherwise instructed. Refunds are processed on the 1st and 15th of each month, so your credit may not appear for up to 2 weeks after we receive your return. Once a return is processed you should see the credit in the next billing cycle.
- Guarantee applies ONLY to products which are purchased from this website.
- Shipping and handling charges are not included.
- Re-orders represent satisfaction. No refunds will be applied once a re-order has been placed.
- Guarantee applies only to our retail customers. Guarantee does not apply to company distributors.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by Pharmaxa Labs, LLC to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and your intent to be bound by this Terms of Use and Conditions of Sale. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY THE COMPANY.
Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.