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Performance Research Labs, LLC – EveryDay Male®, Prost-P10x®, Men’s Probiotic (together, the “Products”), and www.everydaymale.com (the “Website”).
Description of Service
Performance Research Labs and the Website currently provides users access to an extensive amount of resources, including, but not limited to, public forums, health, diet and medical content, online tools, book/publication offerings, ecommerce sales of supplements and other products and various communication tools (the “Service”). Performance Research Labs assumes no responsibility or liability for the timeliness, deletion or failure to store any user communications or personalization data or settings. All such risks shall be borne by the user.
This Website does not provide or contain medical advice, diagnosis or treatment information. The contents of this Website, including text, graphics, images, information and other materials contained on this Website regardless of the originating source (collectively, “Content”) is for informational purposes only. This Website (including its Content) is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician, other qualified health provider or expert with any questions you may have regarding a medical condition, health care options and health-related services. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
Your reliance on any Content or testimonials contained on this Website or otherwise provided by or on behalf of PRL is solely at your own risk. Testimonials and statements by customers contained on this Website are specific to that individual customer and are no guarantee of any results or benefits you may obtain from taking EveryDay Male® or any of the Products. By purchasing EveryDay Male® or any of the Products you agree that you are doing so without reliance on any testimonial or implied result contained on this Website.
The statements made on this website, as well as any materials or supplements distributed or sold have not been evaluated by the Food and Drug Administration. Performance Research Labs Products are not intended to diagnose, treat, cure, or prevent any disease. Testimonials are direct results obtained by specific individuals and are not typical for all users. If you are pregnant, nursing, taking medication, or have a history of heart conditions, we suggest consulting with a healthcare professional before using any of our products. The results achieved with any of our Products are not typical, and not everyone will experience the same or similar results.
US domestic orders are shipped via USPS with tracking. Hawaii, Alaska and all International orders are shipped via USPS Priority Mail with tracking. Once your product has been shipped out, you will receive a confirmation e-mail to track your package.
A restocking and admin fee ($12.95) is applied to all returned or refused orders or cancellation of unshipped Autoship orders after processing. All returns must be received in our office no later than 30 days from the date of original purchase to qualify for a refund. Allow 7-10 days for refund to appear on your credit card.
How to Return Your Item:
You MUST email our Customer Service Department (email@example.com) for a Return Merchandise Authorization (RMA) number. Write the Return Material Authorization (RMA) number on the outside of the package below the return address:
Performance Research Labs
3857 Birch, #181, Newport Beach, CA, 92660
IMPORTANT: Returns without an RMA number marked on the return package will not be processed. We are not responsible for product sent back without authorization. Please include packing slip or a note including your original order number, name, address, and phone number. Please use the original packaging (if possible) and completely remove or cover the original shipping label. Seal the package securely with tape. Print our return address clearly on the outside of your package. Send your return package back using standard priority mail. Keep a copy of your original shipping receipt until the credit for your return appears on your credit card statement. We are not responsible if your shipment is lost in return transit. Purchases will only be credited to the account used to make the purchase. It takes approximately 2-3 weeks for us to receive and process your return. We’ll credit or refund the value of the item and any taxes you were charged (excluding delivery charges) less shipping and admin. Adjustments to credit cards should appear within two billing cycles. No refunds on/or multiple refund requests – for example, a customer orders and receives a refund on returning product and then re-orders and requests another refund. Only one refund per customer. If you have any questions about returns or need additional help please do not hesitate to call our Customer Service Department at 1 (800) 418-7767
Disclaimer of Warranty
Performance Research Labs makes no warranties of any kind regarding this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
Limitation of Liability
You agree that you will hold harmless Performance Research Labs, the Website and its officers, directors, employees and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will Performance Research Labs or the contributors of information to this Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Copyright and Trademark Information – Intellectual Property Rights.
Copyright. All materials on the Web Site, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors. You may not use such materials without permission.
EveryDay Male® and Prost-P10x® are trade names we own. The related design marks, and other trademarks on the Web Site are owned by us. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission.
You acknowledge and understand that if the Website is unable to provide any of the Products as a result of a force majeure event, the Website will not be in breach of any of its obligations toward you under these TOU. A force majeure event means any event beyond the control of the Website. THE WEBSITE SHALL NOT HAVE ANY LIABILITY TO YOU, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
Domestic Use and Export Restriction.
We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.
All disputes arising out of or relating to this TOU (including its formation, performance, or alleged breach) or your use of the Website or the Products will be exclusively resolved under confidential binding arbitration held in California before and in accordance with the rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOU will be joined to an arbitration involving any other party subject to this TOU, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in California to enforce this TOU or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
(a) DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEBSITE, THE SERVICES, THEIR USE, AND ANY INFORMATION ON CONTAINED THEREIN: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OF OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOU, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR CAUSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
(b) HEALTH-RELATED INFORMATION. WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTHCARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE. IN ADDITION, TESTIMONIALS OF BENEFITS ARE OF INDIVIDUAL USERS AND ARE NO GUARANTEE OF SIMILAR RESULTS BEING ACHIEVED AND YOU SHOULD NOT RELY ON SUCH.
(c) PRODUCTS. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, PROVIDED IN THE PRODUCT PACKAGING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR CAUSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NONCOMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
(e) EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
(f) LIMITATION OF LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOU, INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEBSITE OR THE PRODUCTS, EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.
Waiver of Class Action Rights.
BY ENTERING INTO THIS TOU, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TOU OR THE PRODUCT MUST BE ASSERTED INDIVIDUALLY AND NOT ON BEHALF OF ANY OTHER CLASSES, PERSONS OR GROUPS OF PEOPLE.
Limitation of Actions.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website must be filed within one calendar year after such claim or cause of action arises, or forever be barred from asserting any such claim or cause of action.
This TOU will be binding upon each party hereto, as well as upon its successors and permitted assigns, governed by and construed in accordance with the laws of the State of California, without regard for conflict of law principles. These TOU, and all of your rights and obligations under them, may not be assigned or transferred by you without our prior written consent. No failure or delay by a party in exercising any right, power, or privilege under this TOU will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof, or the exercise of any other right, power, or privilege under this TOU. You are an independent contractor, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOU. The invalidity or unenforceability of any provision of this TOU will not affect the validity or enforceability of any other provision of this TOU, all of which will remain in full force and effect.
What We Collect
On the Performance Research Labs website, you can order products, make information requests, or sign up to receive news and information from us. The types of personal information you provide to us on these pages may include name, address, phone, email address, user IDs and passwords, billing information, transaction, credit card information and contact preferences. Anonymous (non-personal) data we collect may include the pages visited on the Website, unique URLs visited within our website, browser type and IP address. Most anonymous data is collected via cookies (see below) or other analysis technologies. From time to time, we may share aggregated demographic and/or email information with our partners and advertisers. This is not linked to any personally identifiable information. To help us improve the quality of our website, Performance Research Labs uses an external service that provides real-time reporting on the use of our website, including page views, unique views, unique visitors, repeat visitors, frequency of visits, and peak-volume traffic periods. We do not use this service to gather, request, record, require, collect or track a user’s personally identifying information.
Because we care about the safety and privacy of children online, we comply with the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying FTC regulation establish United States federal law that protects the privacy of children using the Internet. We do not knowingly collect personal information from children under 13 and our products and services do not target information to children under 13. Our sites are not intended to solicit information of any kind from children under 13, and we have designed our sites to block our knowing acceptance of information from children under 13 whenever age-related information is requested.
It is possible that by fraud or deception by others, we may receive information pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will immediately obtain parental consent or otherwise delete the information from our servers. If you want to notify us of our receipt of information by children under 13, please do so by emailing us at firstname.lastname@example.org. Performance Research Labs is committed to protecting the privacy needs of children and we encourage parents to take an active role in their children’s online activities and interests.