INTRODUCTION

These Terms of Service (the “Terms”) are an agreement between you and Prime BioActives, LLC, its affiliated entities, successors and assigns (collectively “Prime BioActives”, “we”, “us”, or “our”) and govern your access to and use of the websites that link to these Terms (each a “Site” and collectively the “Sites”), the services provided through the Sites, and your purchase of products through the Sites. Prime BioActives, LLC, maintains the Sites for your information and personal use, to educate consumers, and communicate about its products.

Your purchase is also subject to our Shipping and Refund Policy, which is contained within these Terms in Section 28. PLEASE READ THESE TERMS CAREFULLY BEFORE USING A SITE. BY CHECKING A BOX ON A SITE INDICATING YOUR ACCEPTANCE OF THESE TERMS, BY PURCHASING A PRODUCT THROUGH A SITE, OR BY OTHERWISE ACCESSING OR USING A SITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THE SITES.

SECTION 3 OF THESE TERMS CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER. SECTION 27 CONTAINS CRITICAL PROVISIONS REGARDING CHARGEBACKS AND PAYMENT DISPUTES THAT PROTECT BOTH YOU AND PRIME BIOACTIVES. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

CHANGES TO THESE TERMS

WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. THE DATE THESE TERMS WERE LAST UPDATED IS NOTED UNDER THE “TERMS OF SERVICE” HEADING ABOVE. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. WE WILL MAKE REASONABLE EFFORTS TO NOTIFY YOU OF ANY MATERIAL CHANGES TO THESE TERMS VIA A SERVICE NOTIFICATION OR AN EMAIL TO THE EMAIL ADDRESS YOU PROVIDE TO US. YOUR CONTINUED USE OF A SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.

DISPUTE RESOLUTION, ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER

Mandatory Arbitration of Disputes. You agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration, except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. Additionally, Prime BioActives may seek and obtain equitable relief in a court of competent jurisdiction as described in Section 16, below.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL.

In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted under AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879.

Selection of Arbitrator and Costs. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. To initiate an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at: Prime BioActives, LLC, 2803 Philadelphia Pike Suite B #1624, Claymont, DE 19703. If you initiate an arbitration, Prime BioActives will promptly reimburse you for any standard filing fee which may have been required under the AAA Rules once you have notified Prime BioActives in writing and provided a copy of the Demand for Arbitration. However, if Prime BioActives is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Prime BioActives including the filing fee.

Class Action and Trial-by-Jury Waiver. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIM TO BE ARBITRATED ON A CLASS ACTION BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY. NO CLAIM SUBMITTED TO ARBITRATION WILL BE HEARD BY A JURY OR MAY BE BROUGHT AS A PRIVATE ATTORNEY GENERAL ACTION. YOU DO NOT HAVE THE RIGHT TO ACT AS A CLASS REPRESENTATIVE OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM SUBMITTED TO ARBITRATION. The arbitrator may not consolidate more than one person’s claims against Prime BioActives and may not preside over any representative or class proceeding against Prime BioActives. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void, and in such instance any dispute between us will be resolved exclusively in the federal or state courts located in Wilmington, Delaware or online. 

YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST PRIME BIOACTIVES IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY PURCHASED A PRODUCT, AND YOU DO NOT AGREE TO THE FOREGOING TERMS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT TO GET A REFUND. IF YOU HAVE PURCHASED THE PRODUCT AT A RETAIL STORE, YOU MUST RETURN THE PRODUCT ACCORDING TO THE STORE’S RETURN POLICY. IF YOU HAVE PURCHASED THE PRODUCT BY TELEPHONE OR ONLINE FROM US, YOU MUST RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY.

GOVERNING LAW

The Sites and the services provided through the Sites are controlled and operated by Prime BioActives. These Terms and the Privacy Policy will be governed by and construed in accordance with the laws of the State of Delaware, without regard to principles of conflicts or choice of law.

LICENSE GRANT

Prime BioActives grants you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Sites conditioned on your continued compliance with these Terms. If you are using a Site on behalf of a company or other business entity, please note that such a company or entity may have a separate agreement with Prime BioActives. Nevertheless, your use will be subject to these Terms. Except as expressly set forth herein, these Terms grant you no rights in or to our intellectual property or the intellectual property of any other party. The license granted in this section is conditioned on your full compliance with these Terms. In the event that you breach any provision of these Terms, your rights under this section will immediately terminate.

THE SITES DO NOT PROVIDE MEDICAL ADVICE

The content of our Sites and any information provided in response to a request made, question presented, or survey completed by you (the “Information”) is for informational purposes only. The Information is not a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of a qualified health provider before making any adjustment to any medication or treatment you are currently using, stopping the use of any medication or treatment, or starting any new medication or treatment, whether or not the subject was covered the Information provided to you. The Information is intended to provide users with a general understanding of certain wellness and healthcare topics and is not applicable to any individual’s specific medical problems, concerns, and/or needs. Any action you take by the Information provided is solely at your own risk and expense.

FDA & MEDICAL DISCLAIMER

Any product or product(s) from Prime BioActives, LLC, its brand Prime BioActives, or affiliated sites are not intended to diagnose, treat, cure or prevent any disease. Use only as directed. The information provided herein is intended for your general knowledge only and is not intended to be, nor is it, medical advice or a substitute for medical advice. If you have or suspect you have, a specific medical condition or disease, please consult your healthcare provider.

THE SITES ARE INTENDED FOR ADULTS

You should be aware that the Sites are not intended or designed to attract anyone under the age of 18. We do not collect personally identifiable information from any person we know is under the age of 18. By accessing or using a Site, or submitting information of any kind to a Site, you represent that you are at least eighteen (18) years of age (or the age of majority in your state of residence). Any individual using a Site on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. These Terms are void where prohibited.

LIMITATIONS ON SUBMITTING CERTAIN INFORMATION TO PRIME BIOACTIVES

You may have the opportunity through our Sites to contact us with questions regarding our products, dietary supplements in general, or health matters in general. Do not send us any medical, therapeutic, or treatment questions. Prime BioActives and any experts featured on a Site do not provide medical advice, and we urge you to contact your doctor if you feel you require medical advice or treatment.

OWNERSHIP, RESTRICTIONS ON USE OF PRIME BIOACTIVES MATERIALS AND THE SITES

Ownership of Prime BioActives Materials and Intellectual Property. The Sites, and all materials, including without limitation, text, graphics, images, HTML, codes, multimedia clips, Java codes, logos, button icons, banners, and software, contained in the Sites (“Prime BioActives Materials”) are the property of Prime BioActives, affiliates, and/or third-party licensors and are protected by copyright laws. All trademarks, service marks, and trade names shown on the Sites are proprietary to Prime BioActives or its affiliates and/or third-party licensors. Nothing contained in a Site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on the Site without the written permission of Prime BioActives or the respective owner of the trademark. Unauthorized use of the Prime BioActives Materials is a material breach of these Terms and a violation of intellectual property rights. All rights not expressly granted in these Terms are reserved to Prime BioActives or its affiliates and/or third-party licensors, whichever is the owner of any specific Prime BioActives Material.

Restrictions on Use of Prime BioActives Materials. Prime BioActives Materials may not be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that other than in the case of certain third-party content, such as Third Party Content Providers (see discussion below under the heading “Third Party Content Providers”), you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the Prime BioActives Materials, (iii) you do not use the Prime BioActives Materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of Prime BioActives Materials to a database that can be used to avoid future downloads from a Site. The use by you of any Prime BioActives Materials on any other website or computer environment is prohibited. Prime BioActives reserves the right at any time and in its sole discretion to change or revoke any authorization granted above. In such circumstances or if you violate any of the provisions of these Terms, your permission to use Prime BioActives Materials automatically terminates and you must immediately destroy any copies you have made of the Prime BioActives Materials.

Restrictions on Use of Sites. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of a Site or in any way reproduce or circumvent the navigational structure or presentation of a Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of a Site, including, without limitation, the account of another user(s), or any other systems or networks connected to a Site or to any Prime BioActives server or to any of the services offered on or through a Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of a Site or any network connected to a Site, nor breach the security or authentication measures on a Site or any network connected to a Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to a Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of a Site or Prime BioActives systems or networks or any systems or networks connected to a Site, (vi) use any device, software, or routine to interfere with the proper working of a Site or any transaction conducted on a Site, or with any other person’s use of a Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Prime BioActives on or through a Site, (viii) use a Site or any interactive feature to harvest or collect email addresses or other contact information, (ix) use a Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Prime BioActives, (x) link any other website to a Site, or reference hypertext documents on a Site from another website or document including email, except under agreement as provided under our Affiliate program, (xi) submit false, misleading or inaccurate information to Prime BioActives, (xii) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity, (xiii) harvest or otherwise collect information about other users, (xiv) attempt to probe, scan, or test the vulnerability of a Site, or any associated system or network, or breach security or authentication measures, or (xv) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing any Site.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY PRIME BIOACTIVES TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

LIMITATIONS OF LIABILITY AND DISCLAIMER OF WARRANTIES

Limitations of Liability. EACH SITE AND THE INFORMATION MADE AVAILABLE THROUGH EACH SITE ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SAME IS AT YOUR OWN RISK. When using a Site, information will be transmitted by third party communication networks over which Prime BioActives has no control. Therefore, you acknowledge and agree that Prime BioActives will not be liable for or relating to the delay, failure, interruption, or corruption of any information transmitted in connection with the use of any Site.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, SUPPLIERS, OR THOSE HEALTH CARE PROFESSIONALS WHO HAVE CONTRIBUTED MATERIAL TO A SITE OR ANSWERED QUESTIONS THROUGH A SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, PERSONAL INJURY, OR WRONGFUL DEATH WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, A SITE OR THE INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN THE AGGREGATE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY OR OTHER LEGAL THEORY) EXCEED THE AMOUNT PAID (WHICH MAY BE NOTHING) BY YOU TO US, IF ANY, DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE. YOU KNOWINGLY AND FRELY ASSUME ALL RISK WHEN USING ANY SITE. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “PRIME BIOACTIVES PARTIES”) FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SITES, PRIME BIOACTIVES MATERIALS, AND INFORMATION.

Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, PRIME BIOACTIVES DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, ACCURACY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE PRIOR SENTENCE, PRIME BIOACTIVES DOES NOT GUARANTEE OR WARRANT THAT: (I) ANY FILES OR INFORMATION AVAILABLE FOR DOWNLOADING WILL BE FREE OF INFECTION, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE OR CODES THAT MAY CONTAIN HARMFUL OR DESTRUCTIVE COMPONENTS, AND YOU AGREE THAT YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM ANY SUCH DOWNLOADING; (II) THE INFORMATION CONTAINED ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. ADDITIONALLY, PRIME BIOACTIVES MAKES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, USEFULNESS, ADEQUACY, OR SUITABILITY OF ANY INFORMATION, MATERIALS, OR LINKS PROVIDED ON OR THROUGH THE ANY SITE AND DOES NOT WARRANT AGAINST HUMAN OR MACHINE ERROR, DELAY, OMISSIONS, INTERRUPTIONS, OR LOSSES, INCLUDING LOSS OF ANY DATA.

(c) CAP ON LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TOTAL AGGREGATE LIABILITY OF PRIME BIOACTIVES LLC, ITS AFFILIATED ENTITIES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, OR EMPLOYEES, FOR ANY CLAIM WHATSOEVER—INCLUDING BUT NOT LIMITED TO HEALTH-RELATED CLAIMS, PERSONAL INJURY, OR DISSATISFACTION—ARISING FROM THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE FROM THE SITES OR ANY OTHER AFFILIATED SITES, SHALL BE STRICTLY LIMITED TO THE ACTUAL PURCHASE PRICE PAID BY YOU FOR THE SPECIFIC PRODUCT IN QUESTION. BY USING THE PRODUCT(S), YOU EXPRESSLY ASSUME ALL RISK AND WAIVE ANY RIGHT TO CLAIM INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY AMOUNT EXCEEDING THE ORIGINAL PURCHASE PRICE.

USER SUBMISSIONS

You represent and warrant that all information you submit to us, whether through the Sites, via electronic communications, or otherwise, is true, accurate, current, and complete, and that you will update such information as necessary to ensure its truth, accuracy, currency and completeness. If you provide any false, inaccurate, untrue, or incomplete information, Prime BioActives reserves the right to terminate immediately your access to and use of our Sites. In addition, you agree that you will not make any transmission or submission to a Site that violates any laws or regulations or infringes or violates the rights of any person or entity. By making communications or submitting information, success stories, testimonials, feedback, and/or photographs (collectively, “Submissions”) to chat rooms, message or discussion boards or other forums, such as success stories or testimonials, or in contests or the like, you agree that such Submission is not confidential for all purposes, and we shall not be liable for any use or disclosure of any such Submissions by us or others. If you make any such Submission, you automatically grant (or warrant that the owner of such content has expressly granted) Prime BioActives a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission (including without limitation your photograph or likeness) in any media or medium, or any form, format, or forum now known or hereafter developed and waive any and all moral rights in the Submissions. Prime BioActives may sublicense its rights through multiple tiers of sublicenses.

ENFORCING SECURITY ON THE SITES

Actual or attempted unauthorized use of a Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Prime BioActives reserves the right to view, monitor, and record activity on the Sites without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Sites. Prime BioActives will also comply with all court orders involving requests for such information. In addition to the foregoing, Prime BioActives reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt the operation of or access to any Site, or any portion of a Site, to protect the Sites, Prime BioActives, or its business.

You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately of any unauthorized use of your account, username, or password. Prime BioActives shall not be liable for any loss that you incur as a result of someone else using your password.

THIRD-PARTY MATERIALS AND SERVICES

The Sites may display, include, or make available content, data, information, applications, features, or materials from third parties (“Third-Party Materials”). Prime BioActives is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or third-party services or websites. We do not provide any assurances or endorse, and do not assume and will not have any liability or responsibility to you or any other person for, any third-party services.

TERMINATION OF SITE ACCESS AND ACCOUNTS

Prime BioActives reserves the right at any time and for any reason to deny you access to any Site or to any portion thereof. You may also terminate these Terms at any time by emailing us at friends@primebioactives.com and ceasing to use our Sites. Upon termination, you must destroy all copies of any Prime BioActives Materials in your possession.

INDEMNIFICATION

You agree to indemnify, hold harmless, and at Prime BioActives’ option, defend Prime BioActives and its affiliates and their respective officers, directors, owners, agents, information providers, affiliates, licensors and licensees from and against any and all claims, demands, liabilities, costs and/or expenses whatsoever (including without limitation reasonable legal fees disbursements) arising out of or resulting from: (a) your breach of these Terms; (b) your unlawful access to or unlawful use of any Site; and/or (c) your violation of any applicable law, rule or regulation.

EQUITABLE REMEDIES

You acknowledge that your actual or threatened breach of Sections 9 or 11 of these Terms could cause irreparable injury to Prime BioActives, that such injury would not be quantifiable in monetary damages, and Prime BioActives would not have an adequate remedy at law. You, therefore, agree that Prime BioActives shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction.

JURISDICTIONAL ISSUES

Unless otherwise specified, the Information is presented solely for, and any coupons, promotions, and programs are offered only to, residents of the United States of America, including Alaska and Hawaii. Those who choose to access any Site do so on their own initiative and are responsible for compliance with local laws.

CONTACT INFORMATION

For information and assistance related to all Prime BioActives products and Sites, you can email us at friends@primebioactives.com. Please include any information that will help us identify your account so we can assist you.

WAIVER & SEVERABILITY

Failure to insist on strict performance of any of these Terms will not operate as a waiver of any subsequent default. If any part of these Terms is determined to be invalid or unenforceable, the invalid provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect.

SUCCESSORS AND ASSIGNS

We may perform any of our obligations or exercise any of our rights under these Terms through one or more of our corporate affiliates. If Prime BioActives or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms.

TRANSFER OF TITLE & RISK OF LOSS; SHIPPING POLICY

Title to and risk of loss or damage for physical products purchased by you pass from Prime BioActives to you upon delivery of the product to the carrier for shipment. For more information about shipments and delivery, please see the Shipping & Refund Policy in Section 28.

PRICING, PAYMENTS, AND REFUNDS

Pricing, Subscriptions, Auto-Renewal and Recurring Charges Certain of our product and service offerings require payment of fees and charges. We offer both single-purchase and subscription pricing. Subscription pricing requires an automatically renewing and automatically shipping subscription and is subject to the following terms:

1 Bottle Subscription: Charged and shipped automatically every 30 days.

4 Bottle Subscription: Charged and shipped automatically every 120 days.

8 Bottle Subscription: Charged and shipped automatically every 240 days.

You will receive an email the day your order is placed confirming your subscription order. You will receive an email three days before your renewal reminding you of your upcoming shipment. You may cancel your subscription at any time by emailing us at friends@primebioactives.com. Requests must be received at least 48 hours before the next scheduled charge.

SECTION 27: CHARGEBACKS AND PAYMENT DISPUTES (CRITICAL LEGAL NOTICE)

By purchasing from this Site, you agree to contact our customer support team at friends@primebioactives.com to resolve any issues or request a refund pursuant to the Shipping & Refund Policy in Section 28 before initiating a "chargeback" or payment dispute with your bank or credit card issuer.

27.1 Mandatory Mediation: You agree that you will not initiate a dispute (chargeback) with your bank or credit card company for any reason—including claims of non-receipt or dissatisfaction—until you have first:

Submitted the Official Refund Request Form and received an RMA number.

Provided valid tracking proof of the physical return of the merchandise to our fulfillment center.

Allowed our team seven (7) business days to review your documentation.

27.2 Consequences of Improper Disputes: If you file a chargeback in violation of this agreement:

Forfeiture of Rights: You immediately and permanently forfeit all rights to any refund under our guarantee.

Evidence Submission: We will provide your bank with a copy of this agreement and the carrier's digital tracking link to vigorously contest the claim.

Legal Recovery: We reserve the right to pursue legal action to recover chargeback fees, administrative costs, and attorney fees.

SECTION 28: SHIPPING, RETURNS, AND REFUND POLICY

IMPORTANT NOTICE: READ CAREFULLY. This Shipping & Refund Policy is a legally binding agreement between you and Prime BioActives. By placing an order for any product or service on our websites, subdomains, or checkout pages, you expressly acknowledge and affirm that you have read, understood, and agreed to be bound by every term and condition contained herein.

1. SHIPPING AND DELIVERY POLICY

1.1 Fulfillment Standards and Timelines Domestic orders within the continental USA are delivered via standard ground within 5–10 business days from the date of shipment. Shipping and handling fees represent a service already rendered and are strictly non-refundable under all circumstances.

1.2 Tracking and "Source of Truth" Every order includes carrier tracking. You expressly agree that carrier tracking confirmation showing a status of "Delivered" constitutes conclusive, final, and irrefutable proof of fulfillment. The carrier's digital tracking link serves as the "Source of Truth" and overrides any personal claim of non-receipt.

1.3 Address Accuracy You are 100% responsible for the accuracy of your shipping address at the time of purchase. Prime BioActives does not offer refunds, credits, or free reshipments for errors caused by typographical mistakes, outdated addresses, or autocomplete errors. Once the carrier confirms delivery to the address provided, you assume full responsibility for the security and receipt of your package.

2. REFUND AND SATISFACTION GUARANTEE POLICY

2.1 180-Day Satisfaction Guarantee Prime BioActives offers a 180-Day Satisfaction Guarantee on all eligible purchases. To be eligible for a refund, you must contact our customer support team at friends@primebioactives.com within 180 days of your original purchase date to request a Return Merchandise Authorization (RMA) number. No refund will be processed without a valid RMA number.

Return Condition Requirements: Your item must be returned in the same condition in which it was received — unopened, unused, and in its original factory-sealed packaging. Opened or partially used bottles are not eligible for return or refund unless otherwise stated in writing by Prime BioActives. You will also need to provide your original receipt or proof of purchase. Returns that do not meet these conditions will not be processed and will be returned to sender at the customer's expense.

Return Shipping Costs: Customers are solely responsible for all return shipping costs. We strongly recommend using a trackable shipping method, as Prime BioActives cannot be held responsible for items lost or damaged in return transit. Original shipping and handling fees are non-refundable. Return shipping costs will not be reimbursed under any circumstances.

Restocking Fee: All approved returns are subject to a 15% restocking fee, which will be deducted from your refund amount. This fee covers inspection, processing, and administrative costs associated with returned merchandise and applies to all orders regardless of order size or package type. For example, if you paid $59.00 for a single bottle, your refund after the 15% restocking fee would be $50.15, minus return shipping costs.

2.2 Frequency Limitation: You are entitled to exactly one (1) refund per product, per household, per calendar year. Refund requests that exceed this limitation will be declined.

2.3 Multi-Pack Purchase Policy — The "Unopened Bottle" Rule If you purchased a multi-pack, all bottles included in the order must be returned. Only one (1) bottle in a multi-pack may be opened. All remaining bottles must be returned in their original, unopened, factory-sealed, and resalable condition. Refunds will not be issued for any additional opened bottles beyond the first. The 15% restocking fee applies to the full purchase price of the multi-pack order.

2.4 Unauthorized Returns: Packages returned without a clearly visible, valid RMA number will be classified as Unauthorized Returns and are not eligible for any refund or credit. Unauthorized returns will not be acknowledged and may be discarded upon receipt.

2.5 No Returns for Trial Products: Trial offers — including but not limited to the Bile Core $1 Trial Bottle — are strictly excluded from our Satisfaction Guarantee and refund policy. By accepting a trial offer, you acknowledge that the trial product is provided at a heavily subsidised rate and that no returns, refunds, or credits will be issued for trial purchases under any circumstances. The $1 trial fee and any applicable shipping and handling charges are final and non-refundable. If you do not wish to continue your subscription following the trial period, you must cancel by emailing friends@primebioactives.com at least 48 hours before your next scheduled charge."

3. CANCELLATIONS AND DIGITAL PRODUCTS

3.1 No Order Modifications Due to our expedited fulfillment cycle, orders cannot be cancelled or modified once placed. Please review your order carefully before completing your purchase.

3.2 Digital Products Digital products are covered by our 180-day satisfaction guarantee. In the event a refund is approved for a digital product, access to all associated digital content will be permanently terminated immediately upon the issuance of the refund.

4. FINAL ACKNOWLEDGMENT

BY COMPLETING YOUR PURCHASE, YOU EXPRESSLY AFFIRM THAT:

1. You have read and agree to this entire Shipping & Refund Policy.
2. You accept 100% responsibility for the accuracy of your shipping address.
3. You acknowledge that the carrier's tracking link is the final and conclusive proof of delivery.
4. You understand that to qualify for a refund, you must contact support within 180 days, obtain a valid RMA number, and physically return your bottle(s) in the required condition.
5. You accept that all approved returns are subject to a 15% restocking fee deducted from your refund amount.
6. You accept that return shipping costs are your sole responsibility and are non-refundable.
7. You understand that multi-pack orders require the return of all bottles, with a maximum of one (1) opened bottle permitted.

Business Address: 

Prime BioActives, LLC
Dane Knighton
2803 Philadelphia Pike
Suite B #1624
Claymont, DE 19703

Customer Support: friends@primebioactives.com