Terms of service
TERMS AND CONDITIONS
Effective Date: Jan-1-2024
By completing any purchase from Heme Labs, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions as well as our separately posted Refund Policy. Your continued use of our website, store, or any related service constitutes ongoing acceptance of all revisions to these Terms.
1. Introduction and Acceptance of Terms
Heme Labs (“we,” “us,” “our”) owns and operates this online store and any associated digital or physical services, collectively referred to as the “Services.” We power the store through Shopify’s e-commerce platform. These Terms and Conditions (“Terms”) govern your access to and use of the Services and form a binding contractual agreement between you and Heme Labs. By accessing, browsing, or purchasing from the Services, you confirm that you have read these Terms in full, comprehend them, and agree without limitation or qualification to be legally bound. If you do not accept every provision herein, you must not use the Services.
2. Eligibility, Access, and Account Security
You represent that you are at least the age of majority in your state or province of residence and that you have the legal capacity to enter into this agreement. If you allow a minor dependent to access the Services through a device you own, you accept full responsibility for the minor’s conduct. When registering or checking out, you must provide accurate, current, and complete information, including name, billing address, shipping address, email, and payment data, and you agree to keep such information promptly updated. You are entirely responsible for safeguarding login credentials, restricting device access, and all activities that occur under your account. Heme Labs is not liable for loss or damage arising from your failure to protect credentials. Assignment or transfer of your account, whether by sale, gift, or other disposition, is strictly prohibited without prior written permission from Heme Labs.
3. Product Information, Representations, and Changes
We strive to describe products accurately; however, digital displays may distort color or appearance. Descriptive text, images, availability, and pricing may be modified at any time without notice. We reserve the absolute right to discontinue any product, refuse service, or limit quantities sold—on a per-order, per-customer, or per-geographic basis—when such limits protect inventory, reduce fraud, or comply with regulations. No description or statement on the Services shall be construed as a warranty that any product will meet a user’s subjective expectations; only the express warranties contained in the product label apply.
4. Formation of Contract and Order Acceptance
Each purchase order you submit constitutes an irrevocable offer to buy under these Terms. Acceptance occurs only when Heme Labs (i) has successfully processed your payment and (ii) issues an explicit confirmation email. We reserve the unilateral right to refuse, cancel, or place limits on any order for reasons including payment-processing failure, suspected fraud, inventory shortage, regulatory concerns, or policy violations. If we cancel or alter an order, we will attempt to notify you using the email, billing address, or phone number you provided. Once accepted, an order may be modified or canceled solely at Heme Labs’ discretion. All sales are further subject to our Refund Policy, which users may review on the “Policies” section of our website.
5. Pricing, Taxes, and Payment Authorization
Prices displayed at checkout represent the current selling price exclusive of shipping fees, handling charges, import duties, and applicable taxes, which will be added where required by law. Promotions or coupons may not be retroactively applied to prior purchases. By submitting payment information, you affirm (a) the data are true and complete; (b) you are authorized to use the payment method; and (c) you will cover all charges incurred, including repeated subscription billings if enrolled. If your card issuer declines or later reverses payment, you remain liable for the full amount plus any associated costs of collection.
6. Shipping, Title, and Risk of Loss
All shipping times provided are estimates only. Heme Labs is not liable for delays attributable to carriers, customs inspections, weather events, strikes, Acts of God, or other circumstances beyond our direct control. Risk of loss and legal title pass to you when merchandise is tendered to the carrier. You are responsible for filing claims directly with the carrier for lost or damaged shipments.
7. Intellectual Property Rights
The Services, including all underlying source code, text, graphics, logos, videos, and audio clips, are the property of Heme Labs, its content suppliers, or licensors and are protected by U.S. and international copyright, trademark, and other intellectual-property laws. You may view and print portions of the Services solely for personal, non-commercial use. Any reproduction, modification, distribution, or public display of content without our prior written consent is strictly forbidden.
8. Third-Party Tools and External Links
The Services may integrate or provide access to tools, plugins, or websites operated by third parties. Such resources are supplied “as is,” without warranties of any kind, and their presence does not signify endorsement. Your dealings with third-party providers are solely between you and the provider; Heme Labs assumes no liability for loss or damage arising from third-party interactions.
9. Relationship Between Heme Labs and Shopify
Heme Labs uses Shopify to host and process e-commerce transactions; however, Shopify neither sells products nor assumes responsibility for disputes arising from your purchases. You hereby release Shopify and its affiliates from any claims, liabilities, or damages connected to your transactions with Heme Labs.
10. Privacy and Data Handling
Personal information collected during account creation, checkout, or browsing is processed in accordance with the Heme Labs Privacy Policy located under “Policies” on our website. Because the Services are hosted by Shopify, certain data are also processed by Shopify to enable secure transactions and site functionality. By continuing to use the Services, you consent to all such data processing.
11. User-Generated Content and Feedback License
Any suggestions, reviews, photographs, or other content (“Feedback”) you voluntarily submit becomes non-confidential and non-proprietary. You grant Heme Labs an irrevocable, worldwide, royalty-free license to use, reproduce, adapt, publish, translate, and distribute such Feedback in any medium for commercial or non-commercial purposes. You warrant that you own all rights in the Feedback and that publication will not violate any third-party rights.
12. Errors, Inaccuracies, and Right to Correct
Despite our best efforts, the Services may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any error or update information at any time without prior notice, including after an order has been submitted.
13. Prohibited Conduct
You agree not to misuse the Services for unlawful activity, infringement, harassment, defamation, spamming, hacking, or transmission of malicious code. You further agree not to bypass security measures or scrape data. Violation of this section may result in immediate termination of access, cancellation of orders, and potential legal action.
14. Termination of Access
Heme Labs may suspend or terminate your account or access to the Services at any time, with or without notice, for conduct that in our sole judgment violates these Terms, applicable law, or the rights of others. Upon termination, any obligations incurred prior to termination—including payment and indemnification—shall survive.
15. Disclaimer of Warranties
Except for any express warranty stated on a specific product’s label, the Services and all products are provided “as is” and “as available,” without any other warranties—express, implied, or statutory—including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free. Some jurisdictions do not allow disclaimers of implied warranties; where prohibited, they shall not apply to you.
16. Limitation of Liability
To the fullest extent allowed by law, Heme Labs, Shopify, and their officers, employees, contractors, or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, arising out of or related to the Services or products sold, even if advised of the possibility of such damages. Our maximum aggregate liability for any claim shall not exceed the amount you actually paid for the product giving rise to the claim.
17. Indemnification
You agree to defend, indemnify, and hold harmless Heme Labs, Shopify, and their affiliates, directors, employees, and agents from any claim, demand, or damages (including reasonable attorneys’ fees) arising from your breach of these Terms, violation of any law, or misuse of the Services. We may control any defense at your expense and you must cooperate.
18. Severability
If any provision of these Terms is deemed invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions shall remain in full force.
19. Waiver and Entire Agreement
No waiver of any term shall be deemed a further or continuing waiver of that term. These Terms constitute the entire agreement between you and Heme Labs and supersede all prior agreements, oral or written. Ambiguities shall not be construed against the drafting party.
20. Assignment
You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction or notice.
21. Governing Law and Venue
These Terms are governed by the laws of the State of Montana, excluding its conflicts-of-law rules. Non-arbitrable disputes shall be resolved exclusively in the state or federal courts located in Flathead County, Montana, and you consent to personal jurisdiction and venue therein.
22. Headings
Section headings are inserted for convenience only and shall not affect the interpretation of these Terms.
23. Amendments
We may revise these Terms at any time by posting an updated version on the Services. Your continued use after such posting constitutes acceptance of the revised Terms. Material changes will, where legally required, be communicated by prominent notice.
24. Contact Information
Direct all questions regarding these Terms to admin@hemelabs.com or by mail to the business address identified under “Policies” on our website.
Supplement-Specific and Risk-Mitigation Clauses
25. Medical and Health Information Disclaimer
Statements on the Services are for informational purposes only and are not intended as medical advice. Consult a healthcare professional before beginning any supplement, especially if pregnant, nursing, under medical supervision, or taking medications. Discontinue use and seek medical advice if adverse reactions occur.
26. FDA Disclosure and DSHEA Compliance
None of our statements have been evaluated by the U.S. Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease. All formulations and labels are designed in compliance with the Dietary Supplement Health and Education Act of 1994 and applicable FDA regulations.
27. Results Disclaimer
Results vary among individuals due to factors such as genetics, diet, and lifestyle; therefore, no specific outcome is guaranteed. Customer testimonials represent individual experiences and are not a promise of similar results.
28. Product Safety, Allergen, and Ingredient Disclosure
Each product label lists full ingredients. Customers with allergies or sensitivities must review labels carefully and consult a healthcare provider prior to use. Heme Labs disclaims liability for adverse reactions resulting from undisclosed allergies or failure to use products as directed.
29. Subscription and Recurring Billing Terms
By enrolling in a subscription, you authorize automatic recurring charges to your payment method at the interval you select until canceled. To avoid future charges, you must cancel or modify your subscription at least five business days before the next billing date. Processed or shipped subscription orders are non-refundable.
30. Chargebacks, Dispute Resolution, and Collections
You agree to attempt a good-faith resolution with Heme Labs before initiating any payment dispute or chargeback. Unjustified chargebacks violate these Terms and may result in collection efforts, reporting to credit bureaus, and recovery of associated fees and attorney costs.
31. Mandatory Arbitration and Class Action Waiver
Except for claims within the jurisdiction of small-claims courts, any dispute relating in any way to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will occur in Flathead County, Montana, unless the parties agree otherwise. Both parties waive the right to participate in any class action or class-wide arbitration. The arbitrator’s award may be entered in any court of competent jurisdiction, including the state or federal courts of Flathead County, Montana.
32. Force Majeure
Heme Labs will not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, such as natural disasters, war, terrorism, labor disputes, pandemics, or shortages of materials.
33. International Orders, Customs, and Import Compliance
International buyers are responsible for all customs duties, taxes, and import fees. Customs clearance may delay delivery, and customers are responsible for compliance with local laws governing supplement importation.
34. California Proposition 65 Warning
Certain products can expose consumers to chemicals, including heavy metals, known to the State of California to cause cancer, birth defects, or other reproductive harm. More information is available at www.P65Warnings.ca.gov.
35. Age Restrictions
Products are intended for purchase and use only by adults aged 18 or older. By ordering, you affirm that you meet this requirement; Heme Labs reserves the right to cancel any order suspected of being placed by or for a minor.
36. DMCA Notice
If you believe any content on the Services infringes your copyright, send a notice to admin@hemelabs.com containing all information required under 17 U.S.C. § 512(c)(3). Knowingly misrepresenting infringement may expose you to damages.
37. Survival
All provisions that by their nature should survive termination (including Intellectual-Property, Disclaimers, Limitations of Liability, Indemnification, Medical Disclaimer, Arbitration, and Governing Law) shall remain enforceable after expiration or termination of these Terms.