Legal Agreement

Terms of Service

Please read these terms carefully before using our website or making a purchase.

Legal Agreement

Terms of Service

Welcome to Prime Elevation. By accessing our website at prime-elevation.com or purchasing products from us, you agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use our website or services.

Section 1

Acceptance of Terms

By accessing or using the website, you confirm that you are at least 21 years old and have the legal capacity to enter into these Terms. If you are using the website on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Section 2

Eligibility

Access to Prime Elevation products and services is limited to qualified researchers, laboratory professionals, and organizations engaged in legitimate scientific research. Prime Elevation reserves the right to approve or deny any customer or order at its sole discretion. We may request verification of research credentials or institutional affiliation at any time. Failure to provide satisfactory verification may result in order cancellation or account termination.

Section 3

Products and Intended Use

All products sold by Prime Elevation are intended for laboratory research purposes only. None of our products or statements have been evaluated by the Food and Drug Administration. By purchasing from us, you acknowledge and agree that the following restrictions apply.

  • Products are sold strictly for in-vitro research and laboratory use.
  • Products are not for human or animal consumption, diagnostic, or therapeutic use.
  • Products are not intended to diagnose, treat, cure, or prevent any disease.
  • No product information on this website constitutes medical advice, dosing guidance, or a recommendation for human or animal use.
  • You will comply with all applicable local, state, and federal laws and regulations related to the purchase, possession, and use of research chemicals.
  • You are a qualified researcher or purchasing for legitimate research purposes.
Sections 4 to 8

Account, Orders, Shipping, Returns, and Intellectual Property

Account Registration. You may create an account to make purchases and track orders. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to provide accurate and complete information and to update it as needed.

Orders and Payment. When you place an order, you agree to pay all charges at the prices in effect when incurred, authorize us to charge your payment method, acknowledge that all orders are subject to acceptance and availability, and agree that prices are subject to change without notice. We reserve the right to refuse or cancel any order for any reason.

Shipping and Delivery. We ship to addresses within the United States. Shipping times are estimates and not guaranteed. Risk of loss and title pass to you upon delivery to the carrier. We are not responsible for delays caused by carriers, customs, or circumstances beyond our control.

Returns and Refunds. Our return policy is detailed on our Returns and Refunds page. We offer one-time replacements for products damaged in transit only. All damage claims must include photographic evidence and are subject to review. One replacement per customer per order. Reconstituted products are not eligible for replacement. We do not offer refunds for change of mind, dissatisfaction, or misuse. Prime Elevation is not responsible for improper storage, handling, or reconstitution of products after delivery.

Intellectual Property. All content on the website, including text, graphics, logos, images, and software, is the property of Prime Elevation or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

Section 9

Prohibited Conduct

You agree not to use the website or products in any prohibited manner. Violation of prohibited conduct may result in immediate termination of your account, cancellation of pending orders, and a permanent ban from Prime Elevation services, at our sole discretion.

  • Use the website for any unlawful purpose or misrepresent your identity or affiliation.
  • Interfere with the website, attempt unauthorized access, or use automated means to access or scrape the website.
  • Resell products without written authorization or use products in a manner inconsistent with their intended research use.
  • Discuss, promote, or engage in any practice of human or animal dosing of products purchased from Prime Elevation.
  • Market, label, or represent any product purchased from Prime Elevation as suitable for human consumption, therapeutic use, or veterinary application.
Sections 10 and 12

Termination and Assumption of Risk

Prime Elevation reserves the right to suspend or terminate your account and refuse any current or future use of the website at any time, for any reason, at our sole discretion. This includes termination for violation of these Terms, suspected misuse of products, failure to provide satisfactory research credentials upon request, or conduct that we determine to be harmful to our business, other customers, or the integrity of our operations. Termination of your account does not relieve you of any obligations under these Terms, including indemnification.

You expressly acknowledge and agree that your purchase, possession, handling, storage, and use of any products from Prime Elevation is at your sole and exclusive risk. Prime Elevation sells research chemicals intended solely for in-vitro laboratory use. By purchasing any product, you voluntarily assume all risks associated with the product, including but not limited to risks arising from improper storage, handling, contamination, degradation, misuse, or any application of the product to any human or animal. You waive any and all claims against Prime Elevation arising from your use or misuse of products to the fullest extent permitted by law.

Sections 13 and 14

Disclaimer of Warranties and Limitation of Liability

The website and all products are provided as is and as available without warranties of any kind, express or implied. To the fullest extent permitted by law, Prime Elevation disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, Prime Elevation makes no warranty that products will meet your specific research requirements or produce any particular results, product quality or composition will remain unchanged after delivery, website information will be complete or current, or the website will be uninterrupted, secure, or error-free. Certificates of Analysis reflect testing results at the time of analysis and do not constitute a warranty of fitness for any specific application.

To the maximum extent permitted by law, Prime Elevation and its owners, officers, directors, employees, agents, and affiliates shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of the website, purchase of products, or actions taken based on information provided on the website. Our total aggregate liability for all claims shall not exceed the amount you paid to Prime Elevation for the specific product giving rise to the claim.

Section 15

Indemnification

You agree to indemnify, defend, and hold harmless Prime Elevation, its owners, officers, directors, employees, agents, and affiliates from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys' fees and legal costs, arising out of or related to the following matters.

  • Your use, misuse, or handling of products purchased from Prime Elevation, including personal injury, illness, death, or property damage resulting from administration, injection, ingestion, or application to any human or animal.
  • Any statements, claims, representations, or advice you make or provide to any third party regarding Prime Elevation products.
  • Any advertising, marketing, social media content, reviews, testimonials, or promotional materials you create that reference Prime Elevation products.
  • Any violation of these Terms, applicable laws, regulations, or third-party rights in connection with your purchase, possession, use, or distribution of products.
  • Any regulatory action, investigation, or enforcement proceeding brought against Prime Elevation as a result of your actions, statements, or use of products.

This indemnification obligation survives termination of your account and these Terms. Prime Elevation reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree not to settle any such matter without prior written consent from Prime Elevation.

Sections 16 and 17

Dispute Resolution, Arbitration, and Governing Law

Please read this section carefully because it affects your legal rights.

Any dispute, claim, or controversy arising out of or relating to these Terms, your use of the website, or any products purchased from Prime Elevation shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in the State of New Jersey.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Prime Elevation.

Either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits. Nothing in this section shall prevent Prime Elevation from seeking injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law provisions. To the extent litigation is permitted under these Terms, legal proceedings shall be brought exclusively in the state or federal courts located in the State of New Jersey, and you consent to the personal jurisdiction of such courts.

Sections 18 to 21

Changes, Severability, Waiver, and Entire Agreement

Changes to Terms. We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the website. Your continued use of the website after changes constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically for updates.

Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such finding shall not affect the validity of the remaining provisions, which shall continue in full force and effect.

Waiver. The failure of Prime Elevation to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver will be effective only if in writing and signed by Prime Elevation.

Entire Agreement. These Terms, together with our Privacy Policy, Disclaimer, and any referenced policies, constitute the entire agreement between you and Prime Elevation regarding your use of the website and purchase of products. These Terms supersede all prior or contemporaneous communications, representations, or agreements between you and Prime Elevation. No statement by any Prime Elevation employee, agent, or representative shall modify these Terms unless expressly set forth in a written amendment signed by an authorized officer of Prime Elevation.

Section 22

Information You Provide and Our Rights

By creating an account, placing an order, signing up for communications, or otherwise interacting with the website, you provide information about yourself and your activity. This may include identifiers such as name, email address, mailing address, phone number, order and purchase history, payment metadata excluding full card numbers, device and browsing data, IP address, location data derived from IP address or shipping address, communications with us, affiliate referral data, loyalty and membership data, and inferences drawn from the foregoing.

You grant Prime Elevation a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to collect, store, use, process, analyze, combine, disclose, share, transfer, license, monetize, and otherwise use Your Information for any lawful purpose, including operating and improving the website, fulfilling orders, complying with legal obligations, creating aggregated or de-identified data sets, training or improving analytical and artificial-intelligence models, conducting analytics, and sharing information with affiliates, successors, service providers, processors, payment providers, carriers, advertising and analytics partners, professional advisors, and other parties acting on our behalf.

For purposes of these Terms, Affiliates means any entity, brand, product line, or business that is now or hereafter directly or indirectly controlling, controlled by, or under common ownership, control, or management with Prime Elevation. Sharing Your Information with an Affiliate for the purposes described in these Terms is an internal use within a common enterprise and is not a sale of personal information for purposes of applicable consumer-privacy law.

You expressly consent to receive marketing and promotional communications from Prime Elevation, our affiliates, successors, and assigns by email, SMS, push notification, postal mail, in-app message, or any other channel for which you have provided contact information. Consent to marketing is not a condition of purchase. You may opt out of marketing communications at any time using the unsubscribe link in any marketing email or by replying STOP to any marketing text message. Transactional and service messages will continue.

Depending on your state of residence, you may have additional rights under applicable consumer-privacy laws, including the right to know, access, correct, delete, limit, or opt out of certain uses, sales, sharing, or targeted advertising of your personal information. The scope of those rights and how to exercise them are described in our Privacy Policy. Nothing in these Terms limits or waives any right that applicable law makes non-waivable.

The licenses, consents, and authorizations in this section survive termination of your account and these Terms. If any portion of this section is found unenforceable in any jurisdiction, the remaining portions shall continue in full force and effect to the maximum extent permitted by law.

Section 23

SMS and Messaging Terms

Prime Elevation
17350 state HWY 249 STE 220 HOUSTON TX 77064
Email: support@prime-elevation.com

General. When you opt in to the service, we will send you a message to confirm your signup. By opting into messages, you agree to receive recurring automated marketing and informational text messages from Prime Elevation. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number you designate.

Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with Prime Elevation. Prime Elevation reserves the right to alter the frequency of messages sent at any time and to change the short code, phone number, or alphanumeric sender where messages are sent. Your usual message and data rates may apply. Your mobile provider is not liable for delayed or undelivered messages. Consent to receive marketing messages is not a condition of purchase.

Cancellation. Messages will provide instructions to unsubscribe either by texting STOP or through an included link. After you unsubscribe, we will send a message confirming that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from Prime Elevation again, sign up as you did the first time.

Info. For support regarding our services, email us at support@prime-elevation.com or, if supported, text HELP to our messages at any time and we will respond with instructions on how to unsubscribe. If we include a link in messages we send, you may also access unsubscribe instructions and company information by following that link.

Transfer of Number. Before changing or transferring your mobile number, you agree to reply STOP from the original number, unsubscribe using an included link if one is provided, or notify us of your old number at support@prime-elevation.com.

Privacy and Messaging Terms Changes. If you have questions about your data or privacy practices, please visit our Privacy Policy. We reserve the right to change or terminate our messaging program at any time and to update these Messaging Terms at any time. Changes are effective immediately upon posting. Continued enrollment constitutes acceptance of such changes.

Section 24

Contact Information

For questions about these Terms, please contact us.

Prime Elevation
Email: primeelevationwellness@gmail.com
Support: support@prime-elevation.com