Terms of Service

1. Your agreement to the Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and BioCandy Supplements Inc. (“BioCandy,” “Company,” “we,” “us,” or “our”), concerning your access to and use of the website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”) and any transaction, order, sale, purchase, or acquisition of goods from the Site (collectively, the “Service”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service as well as our Privacy Policy, Return / Refund Policy, and Shipping Policy (collectively, the “Terms”). IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Please note that the statements set forth under the headings “More simply put” are provided as a courtesy solely for your convenience and are not legally binding or otherwise intended to modify these Terms in any way.

We are an Arizona-based company with our office at 100 Easy St, Unit 1055, Carefree, AZ 85377. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Arbitration and class action waiver notice

Except for certain kinds of disputes described in the Dispute Resolution section below, you agree that all disputes arising under these Terms will be resolved by binding, individual, private arbitration, and BY ACCEPTING THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court).

3. User representations

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. User registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Products

We make every effort to display as accurately as possible the colors, features, ingredients, performance, specifications, and details of the products available on the Site. However, we do not guarantee that they will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Our products are dietary supplements. These statements have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease. You should read all product labels, ingredient lists, and directions for use before purchasing or using any product, and follow the safety information set out in Section 24 below and in our Medical Disclaimer.

6. Purchases and payment

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover
• Shop Pay
• Apple Pay
• Google Pay

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If you enroll in a subscription, you consent to our charging your payment method on a recurring basis, on the cadence you select at checkout (for example, every 4, 8, or 12 weeks), without requiring your prior approval for each recurring charge, until you cancel. You can manage, skip, pause, or cancel your subscription at any time from your account or by emailing help@biocandy.com; changes must be made before an order is processed to apply to that order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

7. Refunds and returns

Please review our Return / Refund Policy prior to making any purchases. In short: every order is covered by our 30-Day Money-Back Guarantee. If you are not satisfied, contact help@biocandy.com within 30 days of delivery to request a replacement or a refund of the purchase price. You generally do not need to return the product. Refunds are issued to the original payment method. The guarantee applies to your first order of a given product; subsequent orders and subscription renewals may be eligible at our discretion. Paid expedited shipping charges are non-refundable unless the issue was our error.

8. Intellectual property rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks. PrimaVie® is a registered trademark of Natreon Inc. (a Kerry company) and is used under license.

9. Prohibited activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Site.
• Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats, 1x1 pixels, web bugs, cookies, or other similar devices.
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Copy or adapt the Site’s software, including but not limited to HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

10. User contributions

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material, including reviews and submissions (collectively, “Contributions”). These Contributions and our use of these Contributions are governed by these Terms. We have the right, in our sole discretion, to modify or remove Contributions, including for violation of our Terms or policies.

11. Site management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

12. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy.

13. Term and termination

These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE PRODUCT (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

14. Corrections, modifications, and interruptions

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the products, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of our products without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the products.

We cannot guarantee the Site and the products will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the products during any downtime or discontinuance of the Site or the products. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or the products or to supply any corrections, updates, or releases in connection therewith.

15. Governing law

These Terms of Service and your use of the Site and purchase of our products are governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict-of-laws rules.

16. Dispute resolution and arbitration agreement

This Section 16 (“Arbitration Agreement”) shall govern all disputes between us. Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing our customer service team at help@biocandy.com.

Agreement to binding arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. BY THIS ARBITRATION AGREEMENT, YOU ARE WAIVING THIS RIGHT TO A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Maricopa County, Arizona. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Applicability

This Arbitration Agreement will apply to all disputes between us, except as excluded below in the Exceptions to Arbitration section. This Arbitration Agreement shall apply to determination of the threshold issue of whether this Section 16 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law, which shall be determined by the arbitrator.

Governing law for dispute resolution

This Agreement to Arbitrate evidences a transaction in interstate commerce, and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law.

Time to commence dispute

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose.

Class action waiver and restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to arbitration

Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file suit in a court of law to protect the intellectual property rights of a party. In addition, Company may seek provisional injunctive relief in a court of competent jurisdiction to stop any unauthorized use or abuse of the Site and Service or intellectual property infringement.

Modifications to this dispute resolution provision

Company may, in the future, make changes to these provisions regarding dispute resolution and arbitration by emailing you about a change to this provision. You may reject changes to this section by sending us written notice within thirty (30) days to BioCandy Supplements Inc., 100 Easy St, Unit 1055, Carefree, AZ 85377, Attention: BioCandy Legal Dispute.

Severability

In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect. If this arbitration provision is deemed illegal or unenforceable, or if for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Maricopa County, Arizona, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Service.

17. Disclaimers

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE, SERVICES, AND/OR PRODUCTS WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND THE PRODUCTS PURCHASED ON THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Health disclaimer. The products sold on the Site are dietary supplements and are not drugs or medical devices. Statements regarding our products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Any information provided on the Site is for general informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. You should always consult your physician or other qualified healthcare provider before using any of our products or before beginning any supplement, diet, or wellness program. Never disregard professional medical advice or delay seeking it because of something you have read on the Site. See our Medical Disclaimer for details.

18. Limitations on liability

TO THE FULLEST EXTENT OF THE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR YOUR USE OF THE PRODUCTS PURCHASED ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO $2,500.00 USD. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

19. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Service; (3) any breach of your representations or warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights or privacy rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

20. User data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

21. Electronic communications, transactions, and signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

22. California users and residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

23. General terms

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

24. Warning: dietary supplement safety

THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. OUR PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

Our products are dietary supplements and are not a substitute for professional medical advice, diagnosis, or treatment. KEEP OUT OF REACH OF CHILDREN. Always consult your physician or a qualified healthcare provider before using any of our products, particularly if you are pregnant, nursing, trying to become pregnant, have a medical condition, or are taking any medication. Do not exceed the recommended serving size shown on the product label. Discontinue use and consult your healthcare provider immediately if you experience any adverse reaction. Do not use a product if you have a known allergy or sensitivity to any of its listed ingredients. Do not use if the safety seal is broken, tampered with, or missing. Store in a cool, dry place away from direct sunlight and moisture unless the label states otherwise. Use of our products is at your own risk and is subject to the Disclaimers and Limitations on Liability set out above. If you suspect an overdose or adverse reaction, seek medical attention immediately or contact your local Poison Control Center (+1-800-222-1222 in the USA).

25. Modification of Terms

We may modify or supplement these Terms or other terms posted on the Site from time to time and will always post the most current version on our website. We will alert you about any changes by updating the “Last updated” date of these Terms of Service. By continuing to use or access the Site after the revisions come into effect, you agree to be bound by the revised Terms. You should review the Terms each time you access the Site to view the most recent version and ensure that you understand them in their entirety.

26. Contact us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site and products that are sold on the Site, please contact us at help@biocandy.com or call 1 (800) 917-7535.

BioCandy Supplements Inc., 100 Easy St, Unit 1055, Carefree, AZ 85377, United States.

27. Mobile message program terms and conditions

The BioCandy Supplements Inc. mobile message program (the “Program”) is operated by BioCandy Supplements Inc. Your use of the Program constitutes your agreement to these terms and conditions (“Mobile Terms of Service”) and our Privacy Policy (together, the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the Dispute Resolution paragraph below. This Agreement is limited to the Program and is not intended to modify other Terms or the Privacy Policy that may govern the relationship between you and us in other contexts. We may modify or cancel the Program or any of its features without notice, and, to the extent permitted by applicable law, we may modify these Mobile Terms of Service at any time; your continued use of the Program following the effective date of any such changes constitutes your acceptance of them.

User opt-in

The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online enrollment forms. By consenting to our SMS/text messaging Program, you agree to receive recurring SMS/text messages from and on behalf of BioCandy through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include order updates and account alerts. Promotional messages may include promotions, specials, other marketing offers, and cart reminders. Your consent is not a condition of any purchase, and your participation in the Program is completely voluntary.

User opt-out

You may opt out of the Program at any time. Reply with the single keyword command STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT, or click the unsubscribe link (where available) in any text message. You will receive a one-time opt-out confirmation text message, after which no further messages will be sent to your mobile device unless initiated by you. Our text message platform may not recognize requests that alter or add to these keyword commands, and you agree that BioCandy and its service providers will have no liability for failing to honor such requests. If you have subscribed to other BioCandy mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions in their respective mobile terms. For support, reply HELP or email help@biocandy.com. We may change the short code or telephone number we use to operate the Program, and messages (including STOP or HELP requests) sent to a number we have changed may not be received.

Program description, cost, and frequency

Users who opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of our dietary supplement and wellness products, including checkout reminders. Message and data rates may apply. We do not charge for the Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies; the Program involves recurring mobile messages, and additional messages may be sent based on your interaction with us.

Disclaimer of warranty

The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider and is outside of our control. You agree to provide us with a valid mobile number; if you get a new mobile number, you will need to sign up for the Program with your new number.

Participant requirements and age restriction

You must have a wireless device of your own capable of two-way messaging, use a participating wireless carrier, and be a wireless service subscriber with text messaging service. You may not use or engage with the Program if you are under thirteen (13) years of age. If you are between thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to participate.

Prohibited content

You agree not to send any prohibited content over the platform, including: fraudulent, libelous, defamatory, threatening, harassing, or stalking content; objectionable content including profanity, obscenity, violence, bigotry, hatred, or discrimination; pirated programs, viruses, or other harmful code; any product, service, or promotion that is unlawful where received; content implicating protected health information under HIPAA or the HITECH Act; sensitive or special category personal data; personal data of people under 18 without parental consent; and any other content prohibited by applicable law in the jurisdiction from which the message is sent.

Dispute resolution (SMS recipients in the USA only)

In the event of a dispute, claim, or controversy between you and us, or between you and any third-party service provider acting on our behalf to transmit mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, or this Agreement, such dispute will be, to the fullest extent permitted by law, determined by binding arbitration before one arbitrator in Maricopa County, Arizona, in accordance with the Commercial Arbitration Rules of the AAA then in effect, applying the substantive laws of the Federal Judicial Circuit in which our principal place of business is located. The arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act. The decision of the arbitrator shall be final and binding, with no rights of appeal except those provided in section 10 of the FAA. Each party shall bear its share of arbitration fees, though the arbitrator may order one party to pay all or a portion of such fees as part of a well-reasoned decision. The arbitrator may award attorneys’ fees only to the extent expressly authorized by statute or contract and shall have no authority to award punitive damages. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any provision of this paragraph is found invalid or unenforceable in a jurisdiction, the remaining provisions remain in effect. If for any reason a dispute proceeds in court rather than in arbitration, the parties waive any right to a jury trial. This arbitration provision survives any cancellation or termination of your participation in any of our Programs.

State law

Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. You agree that we may assume you are a Florida resident if, at the time of opt-in, your shipping address is in Florida or the area code of the phone number used to opt in is a Florida area code. Insofar as you are a Florida resident, you agree that mobile messages sent by us in direct response to your messages or requests (including responses to keywords, opt-in, HELP, or STOP requests, and shipping notifications) do not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501, to the extent the law is otherwise relevant and applicable.

Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements of the Revised Code of Washington as applicable to Washington residents. You agree that we may assume you are a Washington resident if, at the time of opt-in, the area code of the phone number used to opt in is a Washington area code.

Oklahoma: We endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents. You agree that we may assume you are an Oklahoma resident if, at the time of opt-in, the area code of the phone number used to opt in is an Oklahoma area code. Insofar as you are an Oklahoma resident, you agree that mobile messages sent by us in direct response to your messages or requests do not constitute a “telephonic sales call” for purposes of Oklahoma Statutes Title 15, to the extent the law is otherwise relevant and applicable.

Miscellaneous

You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time; any updates will be communicated to you, and by continuing to participate in the Program after any such changes, you accept this Agreement as modified.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.