Prestige Labs Terms and Conditions of Use and Sale
Last Update: December 14, 2018.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE AND SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER OVER WWW.PRESTIGELABS.COM. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 10 through 13). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The use of www.prestigelabs.com (hereafter “Website”), which is owned and maintained by GLS Labs LLC d/b/a Prestige Labs (“Prestige Labs,” “we,” “our,” “us”), is governed by the terms and conditions set forth below. We offer the Website, including all information and products available, to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 14 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 14 BELOW, WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
Prestige Labs reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://prestigelabs.com/terms-of-use-agreement/. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
Table of Contents:
- Website Use
- Website User Conduct and Restrictions
- Accuracy, Completeness, and Timeliness of Information
- Order Placement and Acceptance; Method of Payment
- SUBSCRIPTION PLAN, AUTOMATIC PAYMENT, AND CANCELLATION
- Accuracy of Billing and Account Information
- Shipping Fees
- Products and Prices Available on the Website
- NO MEDICAL DIAGNOSIS OR TREATMENT
- FOOD ALLERGY DISCLAIMER
- DISCLAIMERS OF WARRANTIES
- LIMITATIONS OF LIABILITIES
- DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
- Third-Party Links
- Testimonials, Reviews, and Pictures/Videos
- Notice and Takedown Procedures; Copyright Agent
- Electronic Communications
- Entire Agreement
- Contacting Us
SECTION 1 – WEBSITE USE
By using the Website, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you are affirming that you have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS
All aspects of our Website are protected by the U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, product labels, product design and formulation, design elements, text material, logos, taglines, meta tags, hashtags, photographic images, video and audio clips, and downloads. No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. Prestige Labs™ and www.prestigelabs.com™ are proprietary trademarks of Prestige Labs, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Prestige Labs.
Subject to your continued strict compliance with all Terms, Prestige Labs provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
You agree not to use or attempt to use the Website in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
SECTION 4 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
The material on the Website is provided as general information only. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The statements made on this Website have not been evaluated by the Food and Drug Administration. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE; METHOD OF PAYMENT
If you are ordering a product or enrolling in our subscription plan, payment must be received by Prestige Labs before your order or enrollment is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us at [email protected] immediately in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
Once we receive your authorized order and a verified form of payment has been received, we will promptly place your order in line for shipment or delivery. All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product. If the availability of any product is delayed and you do not wish to substitute the product, upon your request, we will cancel your order, and if previously charged, your payment card will be fully refunded for that specific order.
We do not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on the Website without an executed Distributor Agreement. We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
All advertised prices are in, and all payments shall be in U.S. Dollars.
Prestige Labs will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
SECTION 6 – SUBSCRIPTION PLAN, AUTOMATIC PAYMENT, AND CANCELLATION
When visiting the Website, you may have the option of purchasing a product one time or through Prestige Labs’ subscription plan where the payment card you provide at the time of enrollment is automatically charged each month until you cancel.
IF YOU ENROLL IN THE PRESTIGE LABS’ SUBSCRIPTION PLAN, THE PAYMENT CARD YOU PROVIDE AT YOUR INITIAL PURCHASE WILL BE AUTOMATICALLY BILLED, AND THE PRODUCT SHIPPED EVERY 30 DAYS FROM THE DATE OF YOUR INITIAL ENROLLMENT UNLESS YOU CANCEL. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION, YOU MAY DO SO AT ANY TIME; HOWEVER, YOU MUST CANCEL YOUR SUBSCRIPTION 14 DAYS PRIOR TO THE SHIPMENT OF YOUR NEXT SCHEDULED ORDER. TO CANCEL YOUR SUBSCRIPTION, PLEASE LOG INTO YOUR PRESTIGE LABS ACCOUNT AT CUSTOMER.PRESTIGELABS.COM/LOGIN. IF YOU HAVE ANY ISSUES SIMPLY E-MAIL US AT [email protected]OR CALL US AT 1-800-470-7560.
If you choose to enroll in Prestige Labs’ subscription plan using a credit card and your credit card fails to process for a subsequent shipment, you agree that we may continue attempting to process your payment as well as contact you on any phone number (including a cell phone number) or e-mail address provided by you for alternate payment information. If you fail to pay for any product or service received, your account may be sent for collection. In the event we start collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 17 below.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your e-mail address and credit and other payment card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse or limit any order you place with us. We reserve the right to cancel any order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to us, or for any other reason that we, in our sole discretion, believe appropriate.
SECTION 8 – SHIPPING FEES
Unless otherwise stated on the Website at the time of purchase, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping addresses and phone number information are required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. You further understand that product availability may be limited, and particular products may not be available for immediate delivery. If your order is delayed, we will contact you at the e-mail address or phone number you provided when placing your order. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or another delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third party carrier. We reserve the right to reject orders where the stated delivery address is within a geographic region that we do not service.
SECTION 9 – PRODUCTS AND PRICES AVAILABLE ON THE WEBSITE
Prestige Labs reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following e-mail notice to you.
Prestige Labs takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
When ordering products, please note that Prestige Labs does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. If any item described on the Website is not as described when you receive it, or the packaging on the Website does not match what you receive, your sole remedy is provided in our Return/Refund Policy. All sales are deemed final except as provided in the Return/Refund Policy.
SECTION 10 – NO MEDICAL DIAGNOSIS OR TREATMENT
PRESTIGE LABS IS COMMITTED TO HELPING YOU LOSE WEIGHT AND IMPROVE YOUR LIFESTYLE. YOU UNDERSTAND, HOWEVER, THAT OUR PRODUCTS, SERVICES, AND THE STATEMENTS ON THE WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD & DRUG ADMINISTRATION OR MEDICAL PROFESSIONALS, AND OUR PRODUCTS, SERVICES, AND THE INFORMATION ON THE WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY HEALTH PROBLEMS, ILLNESSES, OR DISEASES. THE INFORMATION ON THE WEBSITE OR PROVIDED TO YOU IN E-MAILS OR OTHER COMMUNICATIONS IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR INFORMED MEDICAL ADVICE OR CARE. YOU FURTHER UNDERSTAND THAT OUR PRODUCTS AND SERVICES ARE NOT INTENDED FOR USE BY PERSONS UNDER 18 YEARS OF AGE AND THAT THE PRODUCTS ARE NOT TO BE USED TO TREAT ANY TYPE OF MEDICAL CONDITION OR HEALTH PROBLEM. THE DIETARY NEEDS OF MINOR CHILDREN AND PERSONS WITH MEDICAL CONDITIONS ARE DIFFERENT FROM THOSE OF HEALTHY ADULTS. YOU AGREE THAT YOU EITHER HAVE CONSULTED, OR WILL CONSULT, WITH A PHYSICIAN OR DOCTOR BEFORE USING ANY OF OUR PRODUCTS, PARTICULARLY IF YOU SUFFER FROM ANY MEDICAL CONDITION INCLUDING, BUT NOT LIMITED TO, HEART DISEASE, HIGH BLOOD PRESSURE, OBESITY, BLOOD CIRCULATION PROBLEMS, BREATHING PROBLEMS, OR ANY OTHER CONDITIONS OR DISORDERS, AND YOU AGREE THAT YOU WILL CEASE IMMEDIATELY FROM USING OUR PRODUCTS IF YOU EXPERIENCE ANY ILL EFFECTS OR UNINTENDED SIDE EFFECTS OF ANY PRODUCT.
PRESTIGE LABS DOES NOT WARRANT OR REPRESENT THAT YOUR RESULTS WILL MATCH THOSE OF OTHERS WHO USE OUR PRODUCTS OR SERVICES. YOUR RESULTS WILL VARY.
THE PRODUCT DISCLAIMERS DESCRIBED ABOVE ARE INAPPLICABLE WHERE PROHIBITED BY LAW, INCLUDING IN NEW JERSEY.
SECTION 11 – FOOD ALLERGY DISCLAIMER
PRESTIGE LABS MAKES EVERY ATTEMPT TO PROVIDE ACCURATE NUTRITION AND INGREDIENT INFORMATION FOR EVERY PRODUCT ON OUR WEBSITE. WE TAKE PRODUCT SAFETY VERY SERIOUSLY. HOWEVER, THERE IS ALWAYS A RISK OF CROSS-CONTAMINATION. THERE IS ALSO A POSSIBILITY THAT MANUFACTURERS OF THE PRODUCTS WE USE COULD CHANGE THE FORMULATION AT ANY TIME, WITHOUT NOTICE.
PLEASE BE AWARE THAT OUR FACILITY MAY HANDLE NUTS AND FOODS THAT MAY CONTAIN NUTS OR NUT OILS.
CUSTOMERS CONCERNED WITH FOOD ALLERGIES NEED TO BE AWARE OF THESE RISKS AND UNDERSTAND THAT THE CONSUMPTION OF FOODS PROVIDED BY PRESTIGE LABS IS AT THEIR OWN RISK.
SECTION 12 – DISCLAIMERS OF WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY:
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE WEBSITE OR ANY PRODUCT AT ANY TIME, WITHOUT NOTICE TO YOU.
SECTION 13 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY, IN NO CASE SHALL PRESTIGE LABS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OR ATTEMPTED USE OF ANY PART OF THE WEBSITE OR ANY PRODUCTS PROCURED ON OR THROUGH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY.
IF NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH ABOVE, PRESTIGE LABS IS FOUND LIABLE UNDER ANY THEORY, PRESTIGE LABS’ LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE LESSER OF (I) USD $1,000.00, OR (II) THE TOTAL AMOUNT OF MONEY YOU PAID TO PRESTIGE LABS IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT ON WHICH YOUR ALLEGED CLAIM IS BASED. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER PRESTIGE LABS WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS LIMITATION OF LIABILITY DOES NOT APPLY TO CONSUMERS IN NEW JERSEY.
SECTION 14 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AND CONDITIONS OF USE AND SALE AS A COURT WOULD.
- Required Pre-Dispute Procedures
Before initiating any arbitration claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by e-mail to [email protected]. Prestige Labs will contact you by letter at the billing address you provided to us or at the e-mail address you provided to us. You agree to negotiate with Prestige Labs or its designated representative in good faith about your problem or dispute. If, for some reason, the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Austin, Texas to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “i” below. You hereby expressly consent to and forever waive any challenge to the exclusive personal jurisdiction and venue of said courts in such actions.
- Commencing Arbitration
You and Prestige Labs agree to commence any arbitration proceeding within 1 year after the claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
- Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Austin, Texas, unless Prestige Labs otherwise agrees to arbitrate in another forum requested by you.
- Organization, Rules, and the Arbitrator
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In our sole discretion, we may reimburse the fees charged by the arbitrator for claims totaling less than $500.00 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
- Governing Law and Award
The arbitrator shall follow the substantive law of the State of Texas without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This provision survives termination of your account or relationship with Prestige Labs, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except all claims must be brought within the 1 year limitation period set forth above. Section 14 is the entire arbitration agreement between you and Prestige Labs and shall not be modified except in writing by Prestige Labs.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Prestige Labs both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Prestige Labs will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Austin, Texas: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third party; or (ii) an action by Prestige Labs for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “i” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “i,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Austin, Texas, and forever waive any challenge to said courts’ jurisdiction and venue. The law of the State of Texas, exclusive of its conflicts of laws principles, shall exclusively apply to any such matter.
Prestige Labs reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of any product or services on or through the Website, or use or attempted use of a Prestige Labs’ product or service is an affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Prestige Labs will provide you notice and an opportunity to opt-out. Your failure to opt-out of material changes to this arbitration provision is an affirmation of your consent to such material changes.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT OR SERVICE PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT [email protected] FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED, OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $5,000.00.
SECTION 15 – THIRD-PARTY LINKS
SECTION 16 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
Prestige Labs is pleased to hear from our customers and athletes and welcomes their comments regarding our products and services. Testimonials represent the unique experience of the individual, providing the testimonial and do not necessarily reflect the experience that you may have using our products and services. Your results will vary.
Prestige Labs may use, in any way it chooses, testimonials and product reviews that are published in any media or forum, including any form of social media, together with the name, city, and state of the person providing it. Prestige Labs reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. If you submit a testimonial or product review to Prestige Labs or publish a testimonial or product review in other media, including social media, you grant us the right and license to use it and any other information provided by you in connection with it without any compensation to you.
You alone are responsible for any communication, message, and/or other content that you share with Prestige Labs directly or publish through other media, including social media. You agree that your comments will not violate any rights of any third-party. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 17 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Prestige Labs and our parent, subsidiaries, officers, directors, employees, contractors, subcontractors, licensors, service providers, suppliers, affiliates, partners, and agents from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
SECTION 18 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT
If you believe that materials or content available on any Prestige Labs’ Website infringes any copyright you own, you or your agent may send Prestige Labs a notice requesting that Prestige Labs remove the materials or content from the Prestige Labs’ Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Prestige Labs a counter-notice. Notices and counter-notices should be sent to Prestige Labs, 30 N. Gould Street, Suite 6466, Sheridan, WY 82801, or by e-mail at [email protected].
SECTION 19 – ELECTRONIC COMMUNICATIONS
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. If you would like a hard copy of any such document, please send your request to [email protected]. You hereby waive any right you may have to automatically receive a hard copy of any such document from Prestige Labs.
SECTION 20 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 – TERMINATION
In the event that we terminate this Agreement for your material breach, Sections 10 through 14, 17, and 20 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Prestige Labs.
SECTION 22 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire Agreement and understanding between you and Prestige Labs and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 23 – CONTACTING US
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by calling us at 1-800-470-7560 or by e-mail to [email protected].