Terms

Welcome to apothecarelab.com operated by apotheCARE LAB LLC (โ€œwe,โ€ โ€œus,โ€ โ€œour,โ€ "apotheCARE LAB"). By accessing and using our website (the โ€œSiteโ€) including all Content, products, and services available on the Site (collectively with the Site, the โ€œOfferingsโ€), you (โ€œCustomer,โ€ โ€œyou,โ€ โ€œyourโ€) agree to be bound by the following terms and conditions (the "Terms"). Please read them carefully before using our services. If you do not agree with these Terms, do not use the Site or purchase from us. These Terms govern your use of our Site and your conduct, regardless of the device or method you use to access it, whether through a computer, mobile phone, or any other device.

1. Acceptance of Terms

By accessing the Site, placing an order, or using any of our services, you confirm that you accept and agree to be bound by these Terms and Conditions, as well as our Privacy Policy. If you do not agree to these Terms, please refrain from using the Site.

2. Eligibility

To make a purchase from the Site, you must be at least 18 years of age and legally capable of entering into binding contracts. By agreeing to these Terms, you confirm that you meet this requirement. If you do not meet these requirements, you are not permitted to access or use any of the Offerings. Our Offerings are also unavailable to any users who have been previously removed from them.

3. Modifications

We reserve the right to modify the Offerings at any time, with or without notice, at our sole discretion, by posting those changes on the Site. We also retain the right to modify these Terms at any time, though any changes to our Privacy Policy will be governed by the terms outlined in that policy. We will notify you of any changes to the Terms by posting them on the Site. Any modifications will take effect immediately upon being posted. If you disagree with any changes, you may terminate your Account or stop using the Offerings. However, by continuing to use the Offerings after such modifications are posted, you agree to those changes. The effective date of the most recent version of these Terms will be noted at the bottom of this page. It is your responsibility to periodically review these Terms.

4. Products and Services

We offer a variety of products and supplements (โ€œProductsโ€) designed to support general well-being. The descriptions, images, and pricing of Products on the Site are subject to change at any time without notice. All products and services offered on the Site, as well as any samples we provide, are intended solely for your personal and/or professional use. You may not sell, resell, or use any of the products, services, or samples you purchase or receive from us for commercial purposes. Please be aware that we may track your purchases made through your Account on the Site or any other method of purchase. We reserve the right, with or without notice, to cancel or adjust the quantity of any order or products/services provided to you if, in our sole discretion, we believe it may violate our Terms.

5. Accuracy of Information

We strive to provide accurate descriptions of our products and services on the Site; however, we do not guarantee that the descriptions, colors, information, or other content on the Site are accurate, complete, reliable, current, or error-free.

The Site may contain typographical errors or inaccuracies and may not always be up-to-date or complete. As a result, we reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been placed) and to update or modify information at any time without prior notice. Please note that these errors may include issues related to pricing or availability, and we reserve the right to cancel or refuse any order based on incorrect pricing or availability information. We apologize for any inconvenience this may cause.

6. Termination

Except as otherwise specified in this Section, either party may terminate these Terms at any time, at their sole discretion, by providing notice to the other party as permitted under these Terms. Upon termination or expiration of these Terms for any reason, you must immediately cease all use of and access to the Offerings, including, but not limited to, any Content you have obtained prior to termination. Termination does not relieve you of any payment obligations for products or services purchased, and these Terms will continue to apply to any products or services purchased before termination. Any provision of these Terms that, by its nature, should survive termination or expiration will remain in effect.

7. Your Obligations and Responsibilitiesย 

When accessing or using the Offerings, you agree to comply with these Terms and any specific warnings or instructions for use posted on the Site. You are expected to act in accordance with the law, established customs, and in good faith at all times. You may not modify, alter, or disrupt the integrity or operation of the Offerings in any way. Additionally, you agree not to:

  1. Impersonate any person or entity, or falsely claim affiliation with any individual or organization, including, but not limited to, any apotheCARE LAB LLC employee, contractor, forum leader, guide, or host.

  2. Stalk, harass, or advocate harassment of others, including, but not limited to, any apotheCARE LAB LLC employee, contractor, or host, or engage in any harmful behavior toward any third party, including minors.

  3. Forge headers or manipulate identifiers to disguise the origin of any Content, including Your Content.

  4. Intentionally or unintentionally violate any applicable local, state, national, or international law.

  5. Collect or store personally identifiable information about other users.

Without limiting the generality of any other provision in these Terms, if you fail to fulfill your obligations as outlined, you will be liable for any losses or damages caused to us, its parent company, subsidiaries, affiliates, partners, or licensors.

8. Ordering and Payment

When placing an order, you agree to provide accurate and complete information for the purpose of processing your order. By submitting your order, you are making an offer to purchase the Product(s), which we may accept or decline at our discretion. You also acknowledge that you have read and agree to our Terms and Condtions and Return and Refund Policy.

  • Pricing:

    • All prices listed on the Site are in USD and are exclusive of taxes, shipping fees, handling, customs, import charges, or other applicable charges, unless stated otherwise.

    • The price charged for a product or service will be the price in effect at the time your order is placed and will be sent out in your order confirmation email.

    • Prices posted in our online stores may differ from prices offered in physical stores or in third-party online stores. We may offer promotions from time to time that could affect pricing; such promotions are governed by their specific terms. In case of a conflict between promotion terms and these Terms, the promotion terms will prevail.

  • Payment Methods: ย We currently accept most major credit and debit cards. By providing your payment information, you represent and warrant that:
    • The credit card information you provide is true, correct, and complete.
    • You are duly authorized to use the card for the purchase.
    • Charges incurred will be honored by your credit card company.
    • You will pay all charges at the posted prices, including taxes, shipping, and handling fees, if applicable.
  • Order Confirmation: ย Upon placing an order, you will receive an email confirmation. Please note that this is not an acceptance of your order, but merely an acknowledgment that we have received it.
  • Shipping:
    • We currently ship to contiguous U.S. addresses only. Shipping fees and estimated delivery times will be displayed at checkout. Please note that all delivery timesย areย estimates and not guarantees. Delays may occur due to carrier issues, weather, or other circumstances beyond our control.

    • Once your order has been transferred to the shipping carrier, delivery timing and handling become the responsibility of the carrier. Orders are considered delivered when the carrier provides delivery confirmation to the address provided at checkout.

    • apotheCARE LAB is not responsible for packages that are lost, delayed, stolen, or damaged during transit, or for delivery issues caused by the shipping carrier. We may assist customers in filing claims with the carrier and, where appropriate, help facilitate a resolution when possible. Customers are responsible for ensuring that shipping information provided at checkout is accurate and complete.

    • If applicable, you are responsible for any customs, duties, or import taxes.

    • For full details regarding our shipping policies, including shipping fees, estimated delivery times, and other related information, please review our Shipping Policy.
  • Cancellations:ย  Orders can be canceled prior to confirmation and processing upon approval. Once an order has been confirmed and prepared for shipment, cancellations are no longer possible. Receipt of a shipping confirmation email with tracking indicates that the order has shipped and cannot be modified or canceled. Please reach out promptly if you believe your order qualifies for cancellation.ย 
  • Chargebacks and Payment Disputes: ย If you have any questions or concerns regarding a charge, you agree to contact us first so we may attempt to resolve the issue through our customer support or refund process. You acknowledge that chargebacks are intended to be a remedy of last resort. We reserve the right, at our sole discretion, to suspend or terminate customer accounts, cancel or refuse future orders, or restrict access to our services if a customer initiates excessive, fraudulent, or abusive chargebacks, or otherwise misuses the chargeback process in place of contacting us for support. For purposes of these Terms,โ€œexcessive chargebacksโ€ may include, without limitation:
    • (a) multiple chargebacks submitted by the same customer or account within a short period of time;
    • (b) a chargeback rate that exceeds applicable card network or payment processor thresholds; or
    • (c) chargebacks submitted without first attempting to resolve the issue through our customer support or refund procedures. To the extent permitted by applicable law, we reserve the right to recover from the customer any fees, penalties, or administrative costs imposed on us by payment processors or card networks as a result of chargebacks initiated by the customer. We may take the actions described above with respect to customer accounts, individual orders, or related accounts, billing methods, email addresses, or shipping addresses associated with excessive or abusive chargebacks. This policy does not limit or waive any rights you may have under applicable U.S. consumer protection laws.
    • (d) initiating a chargeback without first making a good-faith effort to resolve the issue through our customer support process may be considered a violation of these Terms.

Gift Cards (Digital)

  • Delivery: Digital gift cards are delivered via email to the recipient after purchase. Please double-check the email address at checkoutโ€”we canโ€™t resend or refund cards sent to incorrect addresses.ย 

  • Non-Refundable: All digital gift card purchases are final and non-refundable. They cannot be redeemed for cash, except where required by law.ย 

  • No Expiry or Fees: Our gift cards do not expire and carry no service or inactivity fees.ย 

  • Redemption:ย Gift cards can only be redeemed on our official website and cannot be used at third-party retailers.ย 

  • Security:ย Treat your gift card like cash. We are not responsible for lost, stolen, or unauthorized use.ย 

  • Balance Checks: For balance inquiries, please contact our customer service team via the Contact Form on our website, or use the contact details provided in your confirmation emails. Alternatively, you can log into your account if that feature is available.

  • Limitations:ย Gift cards cannot be used to buy other gift cards and cannot be applied to past orders.

By purchasing or using an apotheCARE LAB digital gift card, you agree to these terms.

Subscriptions

Some products offered by apotheCARE LAB are available through subscription, which provides automatic, recurring deliveries based on the plan, frequency, and products you select. By subscribing, you agree to be bound by our Subscription Policy, in addition to these Terms and Conditions.

Please review the Subscription Policy carefully, as it governs:

  • Billing and payment terms, including automatic renewal and authorization to charge your payment method

  • Price changes and notifications

  • Shipping and delivery terms for subscription orders

  • How to manage, update, or cancel your subscription

  • Returns and refunds for subscription products

By subscribing, you acknowledge that you have read, understood, and accepted both these Terms and Conditions and the Subscription Policy.

9. Returns, Refunds, Replacements, and Store Credit (Resolutions)

All purchases are subject to our Return and Refund Policy. By making a purchase, you agree to this policy.

  • Due to the consumable and quality-sensitive nature of our products, all sales are considered final once an order has been processed and shipped, except in limited circumstances as outlined in our Return and Refund Policy. By completing a purchase, you acknowledge and agree to these terms.

  • If you receive an incorrect or damaged product, you must notify our customer support team within 3 days of delivery confirmation to be eligible for review.

  • In rare cases where a return is authorized, the product must be unopened, unused, and in its original packaging, and meet the eligibility requirements described in the Return and Refund Policy.

  • If an issue with an order is verified, apotheCARE LAB may provide a replacement product, a refund, or store credit, at our sole discretion.

    • Refunds will be issued to the original payment method used at checkout.
    • Store credit will be equal to the value of the returned product, can be used toward any products on our site, is non-transferable, and may expire 12 months after issuance, though extensions may be considered at our discretion. Customers will be notified of the expiration date at the time the credit is issued.
    • Any return shipping costs are the responsibility of the customer unless otherwise stated.
  • For full details regarding eligibility requirements, claims, delivery responsibility, and procedures for refunds, replacements, and store credit, please review ourย Return and Refund Policy.

10. Use of Products

Our products and supplements ("Products") are intended to support general wellness. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

Not Medical Advice

The content on this Siteโ€”including but not limited to product descriptions, blog posts, articles, and references to traditional or scientific sourcesโ€”is provided for informational purposes only and should not be considered medical or healthcare advice.

Always consult a qualified healthcare professional before using any of our Products, especially if you:

  • Are pregnant or nursing

  • Have a known medical condition or allergy

  • Are taking prescription or over-the-counter medications

Do not rely on the information from this Site as a substitute for professional diagnosis, treatment, or medical guidance.

Information provided on this Site has not been evaluated for safety or efficacy except as required by applicable law.

*These statements have not been evaluated by the Food and Drug Administration (FDA). Our Products are not intended to diagnose, treat, cure, or prevent any disease.

Product Use and Individual Responsibility

By purchasing, receiving, or using our Products, you acknowledge that you have reviewed all available product information, including ingredients, usage instructions, and any warnings provided.

You understand that individual responses to consumable or topical products may vary, and you voluntarily assume all risks associated with their use, including but not limited to allergic reactions, sensitivities, or other adverse effects.

You are solely responsible for determining whether a Product is appropriate for you based on your individual health conditions, sensitivities, and circumstances.

Individual results may vary. apotheCARE LAB LLC makes no guarantees regarding specific outcomes or results from the use of its Products.

Allergies and Adverse Reactions

Individual responses to consumable or topical Products may vary. You acknowledge that allergic reactions, sensitivities, or other adverse effects may occur.

You are responsible for reviewing all ingredients prior to use. If you have known allergies, sensitivities, or medical conditions, you should consult a qualified healthcare professional before use.

Discontinue use immediately if any adverse reaction occurs and seek medical attention if necessary.

Assumption of Risk and Limitation of Liability

Your purchase, receipt, or use of our Products or any information from the Site is at your own discretion and risk. By purchasing, receiving, or using of any Products from apotheCARE LAB LLC, you voluntarily assume all risks associated with the use or misuse of our Products, including but not limited to allergic reactions, sensitivities, or other adverse effects.

To the fullest extent permitted by law, apotheCARE LAB LLC shall not be held liable for any injury, loss, damage, or adverse outcome resulting from:

  • The use or misuse of any Product

  • Reliance on information provided on this Site

  • Individual reactions, sensitivities, or lack of expected results

You further acknowledge and agree that:

  • All sales are final except as expressly stated in our Return and Refund Policy By completing a purchase, you acknowledge and agree to these terms.

  • Adverse reactions, personal sensitivities, or dissatisfaction with results do not qualify for a refund, return, or chargeback

  • You will make a good-faith effort to contact our customer support team before initiating any payment dispute

To the fullest extent permitted by law, you agree to release and hold harmless apotheCARE LAB LLC from any claims, liabilities, damages, costs, or expenses arising out of or related to your use of the Products and/or the Site.

If you are purchasing Products on behalf of another person, you agree to inform the recipient of all relevant product information, including ingredients, warnings, and these Terms.

If you do not agree with these terms, you should not purchase or use our Products.

11. Account Registration

To make a purchase, you may be required to create an account with apotheCARE LAB ("Account"). You agree to provide accurate, current, and complete information during the registration process and keep your account details up to date. You are responsible for maintaining the confidentiality of your account and password.

We reserve the right to refuse service and/or terminate accounts at our discretion, without prior notice, if these Terms are violated or if we determine that it is in our best interest to do so. We will not be held liable for any losses resulting from unauthorized use of your Account.

12. Privacy and Data Security

We respect your privacy and handle your personal data according to our Privacy Policy. By using the Site, you agree to the collection and use of your personal information as outlined in the Privacy Policy.

13. Limitation of Liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use the Site, Products and Offerings. Our total liability to you is limited to the amount you paid for the Product in question.

14. Indemnification

You agree to indemnify and hold harmless apotheCARE LAB LLC, its affiliates, officers, directors, employees, agents, and contractors from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Site, violation of these Terms, or violation of any third-party rights. This indemnification obligation survives the termination of your relationship with apotheCARE LAB LLC.

15. Your Rights

  • 15.1 Access to the Site

Subject to your compliance with these Terms, we grant you permission to access and use the Site solely for lawful purposes and in accordance with these Terms and any other agreements you accept before accessing specific areas or features of the Site. If you are using the Site on behalf of another person or entity, you confirm that you have the authority to bind that person or entity to these Terms. If you lack such authority, you agree to be bound by these Terms and accept responsibility for any harm caused by unauthorized use of any Offerings.

  • 15.2 Creating Links

Subject to your compliance with these Terms, you may create a hyperlink to the home page of the Site for personal, non-commercial use only. A website linking to the Site must not: (a) replicate our content; (b) imply that we endorse the linked website, its products, or services; (c) misrepresent its relationship with us; (d) contain content that is distasteful, obscene, offensive, or inappropriate for any age group (as determined by us); (e) portray us or our offerings in a false, misleading, or offensive manner; or (f) link to any page other than the homepage. We may, at our discretion, request that you remove any link to the Site, and you must do so immediately unless we explicitly authorize you to continue linking.

  • 15.3 Access to Content

You may access various content on the Site, such as marketing materials, software, text, music, videos, images, and other media ("Content"). Except for Your Content (as defined below), all Content is owned by us or our third-party providers. Content is provided for informational purposes only, and you are responsible for verifying its accuracy and relevance. You are prohibited from: (a) modifying, reproducing, copying, or creating derivative works of any Content; (b) distributing, selling, licensing, or transferring any Content; or (c) using, altering, or removing any copyright or trademark notices. You do not acquire any rights to the Content by accessing it. Unauthorized use of Content is strictly prohibited.

Other users and third parties may post Content to the Site. We do not endorse or control this Content and make no representations about its accuracy or quality. We are not liable for any errors, omissions, or issues related to third-party Content. You may be exposed to offensive or objectionable Content, and we will not be liable for any damages caused by your use of such Content. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN SUCH CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM YOUR USE OF ANY CONTENT. YOU HEREBY WAIVE ALL RIGHTS TO ANY CLAIMS AGAINST US ARISING FROM ALLEGED OR ACTUAL INFRINGEMENTS OF PROPRIETARY RIGHTS, PRIVACY AND PUBLICITY RIGHTS, MORAL RIGHTS, OR RIGHTS OF ATTRIBUTION RELATED TO CONTENT AVAILABLE ON THE SITE.

  • 15.4 Restrictions

The Offerings may include our valuable trade secrets. You will not, and will not allow third parties to:
(a) use or attempt to access the Offerings except as permitted in these Terms;
(b) frame or use framing techniques to enclose the Offerings;
(c) copy, republish, redistribute, sell, or download any Offerings, except as necessary to view the Site;
(d) distribute or transfer rights to access or use the Offerings to third parties;
(e) use the Offerings for anything other than personal use;
(f) disassemble, modify, reverse engineer, or create derivative works from the Offerings;
(g) collect account information or attempt to bypass security measures to access restricted areas;
(h) use hidden text or meta tags using any part of the Offerings;
(i) use automated tools like robots, spiders, or data mining tools to collect data from the Offerings;
(j) use the Offerings to develop competing products or services;
(k) share passwords or authentication credentials for the Offerings; or
(l) take any action that imposes excessive load on our infrastructure or affects the performance of the Site.

You must retain all proprietary notices on the Offerings. Unauthorized use will terminate all rights granted to you under these Terms, in addition to any other legal remedies.

16. Third-Party Links

We are not responsible for the content of any external pages or other websites linked to or from this Site. Links provided on the Site are for your convenience and do not constitute an endorsement by us, our affiliates, subsidiaries, or partners of the content, products, services, or suppliers referenced. Any decision to link to or from external pages or websites is at your own risk. We do not evaluate or guarantee the offerings of these external pages or websites and are not liable for their actions, content, products, or services, including but not limited to their privacy policies or terms and conditions. We encourage you to carefully review the terms and privacy policies of any external websites you visit. When you click on one of the provided links, you may be leaving http://www.apothecarelab.com to enter another site on the Web.

17. Text Messaging

By opting to receive SMS and/or MMS messages from apotheCARE LAB LLC, you acknowledge and agree that you may receive messages regarding policies, programs, marketing, and promotions. These messages may be sent using an auto-dialer. Receiving such messages is not a condition of purchasing any products or services. Message frequency may vary, and message and data rates may apply. To stop receiving SMS and/or MMS messages from apotheCARE LAB LLC, you can text "STOP," or text "HELP" for assistance. After texting "STOP," you may receive one additional message confirming your unsubscription. Carriers are not responsible for delayed or undelivered messages.

18. Intellectual Property

We retain all rights, title, and interest, including all Intellectual Property Rights (as defined below), in the Offerings, as well as any additions, improvements, updates, and modifications. apotheCARE LABโ€™s name, logo, and all product and service names associated with the Offerings are trademarks of apotheCARE LAB LLC and its licensors, and you are not granted any right or license to use them.

For these Terms, "Intellectual Property Rights" refers to all intellectual property rights, proprietary rights, rights of publicity, privacy rights, and any other legal rights protecting data, information, or intangible property worldwide, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights. You do not acquire any ownership interest in the Offerings. Except for the limited rights and licenses granted under these Terms, you may not use, reproduce, copy, modify, sell, resell, access, or exploit any part of the Offerings without our express written consent.

Any submissions you make to us, including comments, questions, suggestions, or materials (collectively, "Feedback") through the Site, email, or phone, will be considered non-confidential and non-proprietary. To the extent permitted by law, you hereby assign all rights, title, and interest in the Feedback to us, allowing us to freely use any ideas, concepts, techniques, or other intellectual property contained in the Feedback for any purpose, including development, manufacturing, marketing, and selling products or services. If the assignment of such rights is prohibited by law, you grant us an exclusive, transferable, worldwide, royalty-free license to use and exploit the Feedback at our discretion. However, you understand that we are not obligated to use, display, reproduce, or distribute any Feedback and that you have no right to compel us to do so.

19. Copyright Infringement Notices

We respect the intellectual property rights of others and require our users to do the same. We have a policy in place to terminate access to the Site for users who are repeat infringers of intellectual property rights. In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that copyrighted material has been used in a way that constitutes infringement, please contact our Designated Agent for notices of infringement by email or in writing, providing the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner whose rights are allegedly infringed;

  2. Identification of the copyrighted work(s) that you believe have been infringed;

  3. A description of the material that is claimed to be infringing and its location on the Site;

  4. Your name, address, phone number, and email address;

  5. A statement from you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;

  6. A statement made under penalty of perjury, confirming that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

YOU CAN CONTACT OUR DESIGNATED AGENT FOR NOTIFICATIONS OF CLAIMED INFRINGEMENT AT:

Copyright Agent c/o Legal Department
apotheCARE LAB LLC
PO Box 419
Shell Knob, MO 65747
Email:
legal [at] apothecarelab [dot] com

(Replace [at] with @ and [dot] with . to email us)

NOTE: The contact information above is solely for notifying us online about potential copyright infringement. All other inquiries, including those related to the infringement of other intellectual property rights, will not be addressed through this process. For such inquiries, please contact our Customer Service team directly at customerservice [at] apothecarelab [dot] com.

20. Prohibited Conduct

You agree not to:

  • Use the Site for any unlawful purpose or to violate any local, state, or international laws.

  • Attempt to access any part of the Site by unauthorized means.

  • Engage in any activity that could harm the Site or interfere with the proper functioning of the services.

21. Modifications to Terms and Conditions

We reserve the right to modify these Terms at any time. Any changes will be posted on this page with an updated effective date. It is your responsibility to review these Terms periodically for updates.

22. Territorial Use Restrictions and Compliance with U.S. Law

This Site is operated from the United States, and we make no representations regarding its compliance with laws outside the U.S. If you access or use the Site from another country, you do so at your own discretion and are solely responsible for complying with local laws.

Additionally, all software and digital content on this Site are subject to U.S. export laws and regulations. You may not download, export, or re-export any software or content:

  1. To or from any country under U.S. trade sanctions, including (but not limited to) Cuba, Iran, North Korea, Syria, Sudan, and Venezuela.

  2. To individuals or entities listed on the U.S. Treasury Departmentโ€™s Specially Designated Nationals (SDN) list or the U.S. Commerce Departmentโ€™s Denied Persons List.

By using this Site, you confirm that you are not located in, under the control of, or a resident of any restricted country or listed entity.

We reserve the right to limit or restrict access to the Site, its products, and services at our sole discretion, including by geographic location, individual users, or jurisdictions.

23. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflicts of law principles. Any disputes arising out of or in connection with these Terms will be resolved in the courts located in Barry County, Missouri, and you consent to the exclusive jurisdiction of such courts.

24. Dispute Resolution; Binding Arbitration; Class Action Waiver

24(A) INFORMAL DISPUTE RESOLUTION (60-DAY NOTICE REQUIREMENT)
BEFORE INITIATING ARBITRATION, YOU AND APOTHECARE LAB LLC AGREE TO ATTEMPT TO RESOLVE ANY DISPUTE INFORMALLY. THE PARTY ASSERTING A DISPUTE MUST SEND A WRITTEN NOTICE OF DISPUTE TO THE OTHER PARTY. THE NOTICE OF DISPUTE MUST INCLUDE: THE CLAIMANTโ€™S FULL NAME, MAILING ADDRESS, EMAIL ADDRESS, AND TELEPHONE NUMBER; A DETAILED DESCRIPTION OF THE DISPUTE, INCLUDING THE SPECIFIC PRODUCT(S), TRANSACTION(S), AND DATE(S) AT ISSUE; THE SPECIFIC FACTS SUPPORTING EACH CLAIM; ALL DAMAGES CLAIMED, INCLUDING A CALCULATION OF THE AMOUNT DEMANDED; AND THE SPECIFIC RELIEF SOUGHT. NOTICE TO APOTHECARE LAB LLC MUST BE SENT BY CERTIFIED MAIL TO: OFFICE OF THE GENERAL COUNSEL, APOTHECARE LAB LLC, P.O. BOX 419, STATE HWY 39, SHELL KNOB, MO 65747. THE PARTIES AGREE TO ENGAGE IN GOOD-FAITH EFFORTS TO RESOLVE THE DISPUTE FOR SIXTY (60) DAYS FOLLOWING RECEIPT OF A COMPLETE NOTICE OF DISPUTE. THIS INCLUDES, AT A MINIMUM, A MEANINGFUL EXCHANGE OF INFORMATION SUFFICIENT TO EVALUATE THE CLAIM. NO ARBITRATION DEMAND MAY BE FILED UNLESS THE CLAIMANT HAS FULLY COMPLIED WITH THIS NOTICE OF DISPUTE REQUIREMENT AND THE 60-DAY PERIOD HAS EXPIRED. FAILURE TO COMPLY WITH THIS SECTION MAY RESULT IN DISMISSAL OR A STAY OF ARBITRATION. THE ARBITRATOR SHALL HAVE AUTHORITY TO ENFORCE THIS PROVISION. IF A PARTY INITIATES ARBITRATION WITHOUT COMPLYING WITH THESE REQUIREMENTS, THE ARBITRATOR MAY AWARD FEES AND COSTS INCURRED AS A RESULT OF SUCH NONCOMPLIANCE, INCLUDING FILING FEES AND REASONABLE ATTORNEYSโ€™ FEES, TO THE NON-BREACHING PARTY.

24(B) AGREEMENT TO ARBITRATE; GOVERNING LAW
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND APOTHECARE LAB LLC AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE WEBSITE, OR ANY PRODUCTS OR SERVICES PURCHASED FROM US SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION. THIS ARBITRATION AGREEMENT IS GOVERNED BY AND INTERPRETED UNDER THE Federal Arbitration Act (โ€œFAAโ€). IF THE FAA IS FOUND NOT TO APPLY, THE LAWS OF THE STATE OF MISSOURI SHALL GOVERN, WITHOUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. BY AGREEING TO ARBITRATION, BOTH PARTIES WAIVE THE RIGHT TO SUE IN COURT AND TO HAVE A DISPUTE HEARD BEFORE A JUDGE OR JURY.

24(C) ARBITRATORโ€™S AUTHORITY
THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS ARBITRATION AGREEMENT, INCLUDING ANY CLAIM THAT ALL OR ANY PORTION OF THIS PROVISION IS VOID OR VOIDABLE.

24(D) ARBITRATION PROCEDURES
ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (โ€œAAAโ€) UNDER ITS THEN-CURRENT CONSUMER ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR SELECTED IN ACCORDANCE WITH AAA RULES. THE ARBITRATION SHALL ORDINARILY BE CONDUCTED REMOTELY THROUGH VIDEO CONFERENCE, TELEPHONE, OR SUBMISSION OF DOCUMENTS, UNLESS THE ARBITRATOR DETERMINES THAT AN IN-PERSON HEARING IS NECESSARY. IF AN IN-PERSON HEARING IS REQUIRED, IT SHALL ORDINARILY TAKE PLACE IN BARRY COUNTY, MO, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW OR UNLESS YOU AND APOTHECARE LAB LLC AGREE OTHERWISE. THE ARBITRATOR SHALL ISSUE A WRITTEN, REASONED AWARD SETTING FORTH THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE DECISION IS BASED. JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. EITHER PARTY MAY PETITION A COURT OF COMPETENT JURISDICTION TO COMPEL ARBITRATION, STAY A COURT PROCEEDING PENDING ARBITRATION, OR CONFIRM, MODIFY, OR VACATE AN ARBITRATION AWARD. THE PARTIES AGREE TO COOPERATE IN GOOD FAITH IN THE VOLUNTARY EXCHANGE OF NON-PRIVILEGED DOCUMENTS RELEVANT TO THE DISPUTE.

24(E) SMALL CLAIMS COURT OPTION
NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IF THE CLAIM QUALIFIES AND REMAINS WITHIN THAT COURTโ€™S JURISDICTIONAL LIMITS BASED ON THE COUNTY OF YOUR BILLING ADDRESS.

24(F) INJUNCTIVE AND EQUITABLE RELIEF
NOTWITHSTANDING THE AGREEMENT TO ARBITRATE, EITHER PARTY MAY SEEK TEMPORARY, PRELIMINARY, OR PERMANENT INJUNCTIVE OR EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PROTECT INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIAL INFORMATION, OR OTHER PROPRIETARY INTERESTS. SEEKING SUCH RELIEF SHALL NOT WAIVE THE RIGHT TO ARBITRATE ANY OTHER CLAIMS.

24(G) CLASS ACTION AND REPRESENTATIVE ACTION WAIVER
ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. TO THE FULLEST EXTENT PERMITTED BY LAW: (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PROCEEDING; (II) THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS; (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING; AND (IV) YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

24(H) COSTS AND ATTORNEYSโ€™ FEES
ARBITRATION FEES AND COSTS SHALL BE ALLOCATED IN ACCORDANCE WITH THE APPLICABLE AAA CONSUMER ARBITRATION RULES. YOU ARE RESPONSIBLE FOR PAYING THE INITIAL FILING FEE REQUIRED BY THE AAA. APOTHECARE LAB LLC WILL REIMBURSE ANY PORTION OF THE FILING FEE PAID BY YOU IN EXCESS OF $750 ONLY IF THE ARBITRATOR DETERMINES THAT YOUR CLAIM IS NON-FRIVOLOUS AND COMPLIES WITH THIS AGREEMENT. ANY REIMBURSEMENT OF FILING FEES, ADMINISTRATIVE COSTS, OR OTHER ARBITRATION-RELATED COSTS SHALL BE MADE ONLY UPON FINAL RESOLUTION OF THE ARBITRATION AND IN ACCORDANCE WITH THE ARBITRATOR'S AWARD. EACH PARTY SHALL BEAR ITS OWN ATTORNEYSโ€™ FEES AND COSTS, EXCEPT THAT THE ARBITRATOR MAY AWARD REASONABLE ATTORNEYSโ€™ FEES AND COSTS TO APOTHECARE LAB LLC IF: (1) THE CLAIM IS FRIVOLOUS OR BROUGHT FOR AN IMPROPER PURPOSE; OR (2) THE CLAIMANT FAILED TO COMPLY WITH THE INFORMAL DISPUTE RESOLUTION REQUIREMENTS SET FORTH IN THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY AWARD FEES AND COSTS AS REQUIRED BY APPLICABLE LAW.

24(I) OPT-OUT RIGHT
YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY PROVIDING WRITTEN NOTICE WITHIN THIRTY (30) DAYS OF THE EARLIER OF: (1) THE DATE YOU CREATE AN ACCOUNT; OR (2) THE DATE OF YOUR FIRST PURCHASE OF A PRODUCT OR SERVICE FROM US. THE THIRTY (30) DAY PERIOD SHALL BE CALCULATED BASED ON APOTHECARE LAB LLCโ€™S RECORDS OF THE APPLICABLE ACCOUNT CREATION OR PURCHASE DATE. THE OPT-OUT NOTICE MUST INCLUDE YOUR NAME, ADDRESS, PHONE NUMBER, EMAIL ADDRESS, AND SIGNATURE, AND MUST BE MAILED TO: OFFICE OF THE GENERAL COUNSEL. APOTHECARE LAB LLC. P.O. BOX 419. STATE HWY 39, SHELL KNOB, MO 65747. IF YOU OPT OUT, THIS ARBITRATION AGREEMENT WILL NOT APPLY TO YOU, BUT ALL OTHER PROVISIONS OF THESE TERMS REMAIN IN FULL FORCE AND EFFECT.

24(J) MASS ARBITRATION PROTECTIONS
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL ARBITRATIONS SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSONโ€™S CLAIMS OR CREATE A DE FACTO CLASS OR REPRESENTATIVE PROCEEDING. MULTIPLE ARBITRATIONS ARISING FROM THE SAME OR SIMILAR FACTS SHALL BE HANDLED SEPARATELY, AND NO PARTY SHALL ATTEMPT TO COORDINATE, AGGREGATE, OR FILE MULTIPLE CLAIMS AS A GROUP. THE ARBITRATION ADMINISTRATOR SHALL FOLLOW ITS RULES REGARDING FILING, COST ALLOCATION, AND SEQUENTIAL HANDLING OF MULTIPLE CLAIMS. NOTHING IN THIS SECTION SHALL PREVENT A PARTY FROM SEEKING INDIVIDUAL RELIEF IN SMALL CLAIMS COURT OR PURSUING INJUNCTIVE OR EQUITABLE RELIEF AS PROVIDED IN SECTION 24(F).

25. General

If any portion of these Terms is found to be unenforceable by a court of competent jurisdiction, the unenforceable portion will be modified to the extent necessary to make it enforceable, and the remaining terms will remain in full force and effect. These Terms constitute the entire agreement between you and apotheCARE LAB LLC regarding the subject matter herein, and supersede all prior agreements, whether written or oral, regarding the subject matter.

26. Electronic Communications

To the extent permitted by law, these Terms and Conditions, as well as any other agreements, notices, or communications between you and apotheCARE LAB LLC, may be provided electronically. We encourage you to print or save copies of all relevant documentation for your records.

27. Contact Information

If you have any questions regarding these Terms, please reach out to us through the Contact Form on our website.



Effective Date: 06/18/2025

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