These Terms and Conditions govern access to and use of the website, content, products, and services of Pexo Labs LLC, a New York limited liability company located at 505 Ellicott Street, Buffalo, New York 14203 (collectively, "Pexo Labs," "we," "our," or "us"), by our account holders, customers, and visitors ("you," "your," or "Customer"), however such sites or services are accessed, including any content, functionality, products, information about our products, your account, and other tools offered.
The Pexo Labs sites and products are offered to you subject to your affirmative and unequivocal acceptance, without modification, of all of these Terms in their entirety. When accepted by you, these Terms form a legally binding contract between you and Pexo Labs. If you are entering into these Terms on behalf of an entity, institution, or laboratory, you represent that you have the legal authority to bind that entity.
PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, CREATING AN ACCOUNT, SUBMITTING CONTENT, PLACING AN ORDER, OR OTHERWISE USING THE PEXO LABS SITE OR PRODUCTS, YOU ACKNOWLEDGE (ON BEHALF OF YOURSELF AND ANY ENTITY YOU REPRESENT) THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE, OR OTHERWISE USE THE SITE OR PURCHASE ANY PRODUCT. ADDITIONALLY, BY DOING ANY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE TO GIVE UP, AND YOU HEREBY WAIVE, ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR REPRESENTATIVE ACTION WITH RESPECT TO ANY DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRODUCTS.
ALL PRODUCTS SOLD BY PEXO LABS ARE FOR IN VITRO LABORATORY RESEARCH USE ONLY. THEY ARE NOT DRUGS, DIETARY SUPPLEMENTS, FOODS, COSMETICS, OR MEDICAL DEVICES. THEY ARE NOT FOR HUMAN OR ANIMAL CONSUMPTION, ADMINISTRATION, INJECTION, INGESTION, INHALATION, OR TOPICAL APPLICATION UNDER ANY CIRCUMSTANCES. ALL SALES ARE FINAL. WE SHIP ONLY WITHIN THE UNITED STATES.
Once accepted, these Terms remain effective until terminated as provided for herein. Please check back periodically to review these Terms and our Privacy Policy, as we reserve the right to modify or change these Terms after providing notice to you. Any modification or change shall be effective upon such notice. For more information, please see Section 32 below.
The official language used by Pexo Labs is English, and translations are made for convenience and reference only. In the event of a conflict between the English language version of this document and any version translated into any other language, the English language version shall prevail.
1. Acceptance and record of agreement
You accept these Terms by checking the acceptance box presented at checkout, by clicking "I Agree," "Place Order," or a substantially similar button, or by creating an account. Each of these actions constitutes your electronic signature under the federal E-SIGN Act and New York's Electronic Signatures and Records Act, and your affirmative manifestation of assent to these Terms, the Privacy Policy, and the Shipping Policy, each of which is incorporated herein by reference.
Pexo Labs records the date, time, IP address, and version of the Terms accepted in connection with each order and each account creation. You agree that such records constitute admissible evidence of your agreement. We maintain records of all prior versions of these Terms and will provide a copy of any prior version upon request to support@pexolabs.com.
2. Definitions
"Account" means an account registered with Pexo Labs that has access to specified products or functionality of the Site.
"COA" means a Certificate of Analysis reflecting analytical values measured for a specific production lot.
"Content" means all information and other materials present on the Site, including text, images, photographs, product descriptions, Certificates of Analysis, publications, reference materials, ratings, and reviews.
"Force Majeure Event" means any act or event beyond our reasonable control, including acts of God, natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor dispute, government order or restriction, regulatory change, carrier failure, utility or telecommunications failure, cyberattack, payment processor termination, banking or blockchain network disruption, or supplier default.
"In Vitro Research Use" means use exclusively in a controlled laboratory setting, outside of a living organism, by or under the supervision of trained personnel, for scientific investigation, analytical reference, method development, or instrument calibration.
"Intellectual Property" means the Site, its Content, or any copyright, trademark, trade name, service mark, or other proprietary information of Pexo Labs.
"Linked Website" means any website owned by a third party to which or from which the Site is linked.
"Marks" means, collectively, the trademarks, service marks, slogans, logos, trade dress, and other identifiers displayed on the Site or otherwise used by Pexo Labs.
"Membership" means the Gold, Platinum, or Diamond paid subscription tiers described in Section 13.
"Order" means any request submitted through the Site to purchase Products.
"Pexo Labs Parties" means Pexo Labs, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors, and partners, and the members, managers, officers, employees, contractors, agents, and representatives of each.
"Points" means reward points issued under the program described in Section 13.
"Products" means any products offered for sale through the Site.
"Site" means the compilation of all web documents made available via the domain pexolabs.com and any subdomains or affiliated sites, together with our software, applications, and online services.
"Store Credit" means the promotional credit code issued to Members as described in Section 13.
"Subscription" means any recurring or automatically renewing purchase arrangement, including Subscribe and Save and any Membership.
"User Content" means reviews, comments, images, questions, or other content submitted or posted by you.
3. Contact information
If you have any questions or comments or seek any additional information about Pexo Labs, please contact support@pexolabs.com. You may also write to us at Pexo Labs LLC, 505 Ellicott Street, Buffalo, New York 14203. You acknowledge that all communication from Pexo Labs in connection with the provision of Products will take place through the email address you register with us. Written electronic communication by email or through your Account is also considered to be written communication.
4. Eligibility
You represent and warrant that you are at least 21 years of age. In jurisdictions where the minimum age for permissible use of the Site is greater than 21 years of age, you represent and warrant that you meet that requirement. If you are under the minimum age for permissible use in your jurisdiction, irrespective of whether a parent or guardian consents, you may not use the Site or purchase any Product.
You must have the legal capacity to enter binding contracts and must not be barred from receiving Products under any applicable law.
The Site and Products are offered solely to persons located in, and for delivery to addresses within, the fifty United States and the District of Columbia. You represent that you are located in the United States and that the shipping address you provide is a United States address.
Pexo Labs complies with all applicable economic sanctions laws and regulations administered by the U.S. Department of the Treasury's Office of Foreign Assets Control. By using the Site, you represent and warrant that you are not designated on any U.S. government list of prohibited or restricted persons, that you are not located in, ordinarily resident in, or accessing the Site from any country or region subject to comprehensive U.S. sanctions, and that you are not acting on behalf of, employed by, or affiliated with any sanctioned government, entity, or individual.
You are solely responsible for ensuring that these Terms and your use of the Products comply with all laws, rules, and regulations applicable to you. The right to access the Site is revoked where these Terms or the purchase of Products is prohibited, or to the extent the offering or sale of Products conflicts with any applicable law, rule, or regulation. Those who choose to access the Site do so on their own initiative and at their own risk and are responsible for compliance with local laws.
You may not, without our prior written consent, access the Site if you are a competitor of Pexo Labs, to monitor the availability, performance, or functionality of the Site, or for benchmarking or competitive purposes.
Pexo Labs reserves the right, in its discretion, to refuse, limit, or cancel any Order, to decline to establish or to terminate any Account, and to request documentation of research affiliation, professional qualification, or intended use before fulfilling any Order. Where we cancel an Order or terminate an Account, we will refund amounts paid for undelivered Products and any unused prorated portion of a Membership period, except where the cancellation results from your fraud or material breach.
We reserve the right to limit the availability of the Site, the Products, or any materials or items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such Product or item provided.
5. Research use only
All Products are supplied solely for In Vitro Research Use. This is a material term of this agreement and a material condition of every sale. No sale is made for any other purpose.
Products are not approved, cleared, licensed, or authorized by the United States Food and Drug Administration or any other regulatory authority, and have not been evaluated for safety or efficacy in humans or animals. Products are not, and are not offered or sold as, drugs, biologics, dietary supplements, foods, food additives, beverages, cosmetics, medical devices, or veterinary products. Products are not intended, packaged, labeled, or fit to diagnose, treat, cure, mitigate, or prevent any disease or condition, or to affect the structure or function of the body of any human or animal.
Products are not sterile, are not manufactured under pharmaceutical current Good Manufacturing Practice, and have not been tested for endotoxins, pyrogens, sterility, or biocompatibility unless expressly stated in writing on the Product-specific COA.
Pexo Labs does not provide, and will not provide upon request, any dosing information, administration instructions, reconstitution protocols intended for use in living subjects, syringes, needles, injection supplies, sterile diluents, or bacteriostatic water for administration purposes. Information appearing on the Site is provided solely for scientific and educational reference regarding in vitro applications.
No statement made on the Site, in Product documentation, in customer communications, in published research summaries, or by any employee, contractor, affiliate, or influencer of Pexo Labs shall be construed as a representation that any Product is safe or effective for any human or animal use. Any such statement, if made, is unauthorized, is expressly disclaimed, and shall not be relied upon.
You acknowledge that you have not relied on any statement, representation, advertisement, testimonial, social media post, affiliate content, third-party review, or communication of any kind in deciding to purchase, other than the express limited warranty in Section 16.
6. Buyer representations and warranties
By placing an Order, you represent, warrant, and covenant on your own behalf and on behalf of any entity you represent that you are acquiring Products exclusively for In Vitro Research Use and for no other purpose; that you are knowledgeable regarding the safe handling, storage, transport, and disposal of research chemicals, or will act only under the supervision of a person who is; and that you possess or will obtain facilities, equipment, containment, and personal protective equipment appropriate to handle the Products safely.
You further represent, warrant, and covenant that you will not administer, consume, ingest, inject, inhale, insufflate, or topically apply any Product to yourself, any other human being, or any animal, and that you will not permit, assist, instruct, or encourage any other person to do so.
You will comply with all applicable federal, state, local, and institutional laws, regulations, safety standards, licensing requirements, and policies governing the purchase, possession, handling, storage, use, transfer, transport, resale, and disposal of the Products. You will independently verify the identity, purity, concentration, stability, and suitability of each Product for your intended in vitro application before use, and you will not rely solely on the COA or on any Pexo Labs representation.
All information you provide, including name, age, shipping address, billing information, and any stated research purpose or affiliation, is accurate, current, and complete. You are not purchasing on behalf of, or for onward transfer to, any person who intends any use prohibited under Section 7.
These representations are continuing and are reaffirmed with each Order you place and with each recurring charge under any Subscription or Membership.
7. Prohibited uses
You may not, and may not permit any third party to, use any Product for human or animal consumption, administration, or application by any route; for clinical, diagnostic, therapeutic, prophylactic, veterinary, cosmetic, nutritional, athletic, performance-enhancing, or recreational purposes; or by incorporating any Product into any food, beverage, dietary supplement, cosmetic, drug, household product, or medical device.
You may not repackage, relabel, dilute, compound, reconstitute, or resell any Product in a manner that represents or implies suitability for human or animal use. You may not resell or distribute any Product without disclosing and imposing the restrictions in Sections 5, 6, and 7 on the transferee in writing. You may not export, re-export, or arrange the shipment of any Product outside the United States.
You may not use the Products or the Site in violation of any law, including the Federal Food, Drug, and Cosmetic Act, the Controlled Substances Act, the Anabolic Steroid Control Act, applicable state analog statutes, or any sports governing body regulation.
You may not scrape, crawl, harvest, frame, mirror, reverse engineer, or use automated means to access or extract Site Content, nor attempt to circumvent any security, access control, or rate limiting measure. You may not interfere with the security of, or otherwise abuse, the Site or any system resources, services, or networks connected to or accessible through the Site, nor introduce malicious code or impose an unreasonable load on our infrastructure.
You may not submit false information, use another person's payment instrument without authorization, or use the Site to facilitate fraud or money laundering. You may not create multiple Accounts to obtain Membership benefits, Store Credit, Points, or promotional pricing more than once, nor transfer or sell Membership benefits, Store Credit, or Points to another person.
You may not use the Site to gain competitive intelligence about Pexo Labs, nor harvest or otherwise collect any information about other customers, including email addresses or other contact information.
8. Assumption of risk
You expressly assume all risk arising from your purchase, receipt, handling, storage, use, transfer, and disposal of the Products. Research chemicals may be hazardous, may cause injury, illness, or death, and may have unknown, untested, or unpredictable properties and effects.
You acknowledge that Pexo Labs has no control over, and no ability to supervise, the conditions under which Products are handled after the carrier accepts the shipment. You acknowledge that any use of a Product contrary to Sections 5, 6, or 7 is a use for which Pexo Labs bears no responsibility whatsoever, and that any resulting harm is caused solely by your own intervening, unforeseeable, and contractually prohibited conduct.
9. Accounts
Your Account is personal to you and you are only permitted to have one Account. Your Account cannot be sold, transferred, assigned to, or shared with any other party. If Pexo Labs determines in its sole discretion that you have opened multiple Accounts, we reserve the right to suspend or terminate your Account and any subsequently created Accounts.
You are responsible for maintaining the confidentiality of your Account credentials and for all activity occurring under your Account, whether or not such activity was authorized by you. You must notify us promptly at support@pexolabs.com of any unauthorized access or any other breach of security.
You acknowledge and agree that Pexo Labs is authorized to act on all instructions received through your Account, and that Pexo Labs may, but is not obligated to, deny access or block any transaction made through use of your Account without prior notice if we believe that the Account is being used by someone other than its registered holder, or for any other reason.
We may suspend or terminate any Account for suspected fraud, misrepresentation, or breach of these Terms. Except in cases of fraud or material breach, we will provide notice and an opportunity to respond before terminating an Account with an active Membership, and will refund the unused prorated portion of the current Membership period.
10. Orders, pricing, and availability
Your submission of an Order is an offer to purchase. No contract of sale is formed until Pexo Labs accepts the Order, which occurs only upon our transmission of a shipping confirmation. An order confirmation or payment authorization is not acceptance.
Listings may contain errors in price, description, specification, image, or availability. We reserve the right to correct errors and to cancel or refuse any Order placed at an incorrect price or based on erroneous information, even after confirmation and after your payment method has been accepted and charged. If we cancel on this basis after charging you, we will refund the full amount charged promptly, and any Store Credit or Points applied to the cancelled Order will be restored to your Account.
Products are offered subject to availability. We may limit quantities per customer, per household, or per Order, and may discontinue any Product at any time without notice. Prices and availability are subject to change without notice.
Bundle pricing applies only to the specific bundle SKU. Adding individual units does not entitle you to bundle pricing. Member pricing under Section 13 applies to eligible Products and is applied in addition to bundle pricing, promotional codes, and other discounts, except where a specific promotion states at checkout that it cannot be combined. We may modify or terminate any promotion at any time, but changes will not affect Orders already placed.
Where different prices apply depending on payment method, the price displayed for any Product is the total price payable by credit card, and any lower price available for another payment method is disclosed as a discount from that displayed price.
11. Certificates of analysis
Pexo Labs publishes a COA for each Product listed on the Site. A published COA reflects analytical values measured on a specific tested lot. Analytical values vary from lot to lot within normal tolerance, and the COA displayed on a Product page may correspond to a lot other than the lot you receive.
The COA applicable to your shipment is the COA for the lot identified on your Product label or shipment documentation. You may request the COA for your specific lot at any time at support@pexolabs.com, and we will provide it.
COAs report only the specific analytes, methods, and parameters stated on their face. A COA is not a representation regarding any parameter not tested, including sterility, endotoxin level, residual solvents, heavy metals, or biological activity, unless expressly stated. COAs are provided for informational purposes and do not modify, expand, or supplement the limited warranty in Section 16 or the disclaimers in Section 17.
12. Payment, taxes, and disputes
We accept credit and debit cards, ACH and electronic check, Zelle, and cryptocurrency. Availability of any payment method may change without notice, and we may decline any payment method for any Order.
All prices are in United States Dollars. You are responsible for all applicable sales, use, and excise taxes, except to the extent collected by us at checkout. New York sales tax is collected where required.
By submitting payment information, you represent and warrant that you are an authorized signatory of the payment instrument provided, that the payment method is personal to you, and you authorize us and our payment processors to charge the full Order amount, including shipping and taxes. Card payments are processed by third-party payment processors, and your purchase is subject to any additional terms and conditions imposed by such processors. Pexo Labs does not store full card numbers.
By selecting ACH or electronic check, you authorize a one-time electronic debit from the designated account in the amount of your purchase, and you confirm that the transaction complies with applicable law. Once authorized and submitted, ACH payments cannot be altered or cancelled. We recommend you retain a copy of your authorization for your records. You are responsible for any fee assessed against us as a result of a returned, reversed, or insufficient-funds entry, and we may recover such fees from you.
Where Zelle is offered, you will send payment from your own bank's app or website to the Zelle recipient shown at checkout, in the exact amount of your Order, using only your order number as the payment memo. Your Order is reserved when placed and ships once the transfer has been received and verified. Zelle transfers are sent directly between bank accounts, are irreversible, carry no purchase protection, and no chargeback or reversal mechanism exists. You are responsible for sending the exact amount to the exact recipient provided; a transfer sent to an incorrect recipient, in an incorrect amount, or without your order number as the memo may be delayed or unrecoverable and may result in cancellation of the Order. If payment is not received within three (3) days of placing the Order, the Order is cancelled and the reserved Products are released. Any refund permitted under Section 16 for an Order paid by Zelle will be issued, at our election, by Zelle to the originating account or by another method.
Where cryptocurrency is offered, we accept only the digital assets and networks listed at checkout. Sending any other asset, or sending on any other network, may result in permanent loss of funds; we will make reasonable efforts to assist in recovery where technically possible but cannot guarantee recovery and bear no liability for such loss. You are responsible for sending the exact amount to the exact address provided within the quoted window, and underpayments, late payments, and transfers to an incorrect or expired address may result in loss of funds or cancellation of the Order. Where we receive an overpayment identifiable to your Order, we will credit or refund the excess. The Order price is quoted in United States Dollars and converted at the rate quoted at checkout; rate quotes expire, and you bear all exchange rate risk, network fees, and gas fees. Cryptocurrency transactions are irreversible and no chargeback or reversal mechanism exists. Any refund permitted under Section 16 will be issued, at our election, in United States Dollars by another method or in the same digital asset at the exchange rate in effect when the refund is issued, which may differ materially from the rate at purchase. You represent that the digital assets used are lawfully owned by you and are not the proceeds of unlawful activity.
We ask that you contact us at support@pexolabs.com and allow a reasonable opportunity to resolve any billing concern before initiating a chargeback, ACH return, or payment dispute. We will respond to billing inquiries within two business days. We reserve the right to contest improper disputes and to provide any documentation requested by your card issuer or bank in connection with a dispute.
13. Memberships and subscriptions
Membership tiers. Pexo Labs offers three optional paid Membership tiers, each available with monthly or annual billing. Gold Membership is $19.99 per month, or $199.90 per year when billed annually, and includes 5% member pricing, $5 monthly Store Credit, 100 welcome Points, free shipping protection, and member-only restock alerts. Platinum Membership is $39.99 per month, or $399.90 per year when billed annually, and includes 7% member pricing, $10 monthly Store Credit, 250 welcome Points, free 3-day shipping, free shipping protection, member-only restock alerts, and priority support. Diamond Membership is $99.99 per month, or $999.90 per year when billed annually, and includes 10% member pricing, $30 monthly Store Credit, 500 welcome Points, free 2-day shipping, free shipping protection, member-only restock alerts, priority support, early access to new products, member-only product drops, priority order processing, and a 1.25x reward Points multiplier. Annual billing provides the same benefits as monthly billing at a reduced effective monthly cost, and monthly Store Credit continues to be issued each month during an annual term. Current benefits and pricing are as described at https://pexolabs.com/membership/, which controls in the event of any conflict with the summary above.
Enrollment and consent. Membership and Subscribe and Save enrollment requires your separate affirmative consent through a checkbox that is not pre-selected, presented in visual proximity to the disclosure of all material terms. Before we request billing information or consent, we will clearly and conspicuously disclose the benefits included, the recurring charge amount, the billing frequency, the renewal date, the duration and expiration of any introductory or promotional price and the price that applies afterward, and the cancellation method. After enrollment we will send a retainable written acknowledgment restating the renewal terms, the charge amount and frequency, and step-by-step cancellation instructions.
Billing. Membership fees are charged in advance at the start of each billing period. Monthly Memberships are charged on the same calendar day each month; if a billing date does not exist in a given month, billing occurs on the last day of that month. Annual Memberships are charged once every twelve months on the anniversary of the date you enrolled. You authorize us to charge your payment method on file on each recurring billing date until you cancel. Recurring billing is available only for payment methods that support it; cryptocurrency and Zelle cannot be used for Memberships or Subscriptions. If a recurring charge fails, we will notify you and retry over a period of up to seven days, during which Membership benefits may be suspended. If payment is not completed, the Membership will be cancelled rather than accumulating a balance owed.
Cancellation. You may cancel at any time, online, through your Account dashboard, in a single step, without speaking to a representative and without completing any retention offer, survey, or additional process. You may also cancel by emailing support@pexolabs.com. There is no cancellation cutoff. A cancellation submitted at any time before a recurring charge posts will prevent that charge, including a cancellation submitted on the billing date itself. We will confirm cancellation in writing within one business day. On cancellation, you retain Membership benefits through the end of the billing period already paid for. If a charge posts after you submitted a cancellation, we will refund it in full.
Price and benefit changes. We will provide clear and conspicuous notice of any material change to Membership pricing, benefits, or terms at least thirty days before the change takes effect, sent to the email address on your Account. We will not charge an increased price without your affirmative consent. If you do not consent, your Membership will continue at the current price through the end of the paid period and then cancel automatically. If we materially reduce the benefits of your tier during a paid period, you may cancel and receive a prorated refund of the unused portion of that period. Changes to pricing or benefits do not affect Orders already placed or Store Credit already issued.
Store Credit. Store Credit is a promotional benefit of Membership and is issued as a single-use credit code, sent to the email address on your Account and shown on your Account dashboard, on each successful Membership billing date in the amount stated for your tier. Each code expires one month after it is issued and is void after that date; unused value is not carried over, refunded, or reissued. A code may be applied at checkout toward the purchase price of Products on a single Order that meets the minimum Order subtotal for your tier (Gold $5, Platinum $30, Diamond $100), excluding Membership purchases, shipping, and taxes. Any value of the code exceeding the Order subtotal is forfeited. Only one code may be applied per Order, and Store Credit codes cannot be combined with promotional codes, gift cards, or other Store Credit codes within a single checkout. Store Credit has no cash value, is not redeemable for cash except where required by applicable law, is personal to your Account, and may not be sold or transferred. Codes already issued remain usable until their expiration date regardless of whether your Membership later lapses or is cancelled.
Shipping benefits. Free 3-day shipping (Platinum), free 2-day shipping (Diamond), and free shipping protection (all tiers) apply to eligible Orders shipped within the United States, subject to the Shipping Policy. "2-day shipping" refers to the carrier service level we purchase, not a guarantee of delivery within two days. Carrier delays, weather, and circumstances beyond our control may affect actual delivery. Where a 2-day service fails to deliver on time due to our error in processing, we will refund the shipping cost difference or credit your Account. Priority order processing means your Order is placed ahead of standard Orders in our fulfillment queue and does not guarantee a specific ship date.
General membership terms. Membership benefits are personal to you, have no cash value except as stated above with respect to Store Credit, and are not transferable. Early access and member-only product drops are subject to availability and do not guarantee that any particular Product will be offered or in stock. Priority support means a dedicated support queue with faster response targets and does not create any additional warranty or entitlement regarding Products. Each Order placed under any Membership or Subscription is a separate sale subject to all Terms, including the research use only restrictions in Section 5, the representations in Section 6, and the all-sales-final rule in Section 16.
Subscribe and Save. Subscribe and Save allows recurring delivery of selected Products at a discount. At signup, you select a delivery interval of your choice, from one to six months. The interval you select is the frequency at which you will be rebilled and reshipped. For example, if you select a four-month interval, you will be charged and sent a new shipment every four months until you cancel or change the interval. The material terms of your selected interval, including the recurring charge amount and the exact rebilling date, are disclosed before you complete enrollment. You may change your selected interval, pause, skip an upcoming shipment, change Products, or cancel at any time through your Account dashboard, with no cutoff. A change to your interval applies starting with the next scheduled charge and does not affect a charge that has already posted. We will send a reminder before each recurring shipment is processed, with links to skip, modify, or cancel. Subscribe and Save discounts apply only while the Subscription is active and do not stack with Membership pricing unless stated at checkout; the larger applicable discount applies.
14. Reward points
Points are issued for qualifying purchases and promotional activities as described at https://pexolabs.com/membership/. Diamond Members earn Points at a 1.25x multiplier. Points have no cash value, are not property, and may not be sold, transferred, or combined across Accounts.
Points never expire. Points are forfeited only if you close your Account or on termination for fraud or material breach.
Redemption. Points are redeemed only through the Rewards Store at https://pexolabs.com/rewards-store/ and cannot be applied directly at checkout. Redeeming Points issues a single-use reward code, sent to the email address on your Account and shown on your Account dashboard. Each reward code expires one month after it is issued and is void after that date; Points spent on an expired code are not restored. A dollar-value reward code may be applied only to an Order whose subtotal is at least the value of the code, excluding Membership purchases, shipping, and taxes, and any value exceeding the Order subtotal is forfeited. Only one code may be applied per Order, and reward codes cannot be combined with promotional codes, gift cards, Store Credit codes, or other reward codes within a single checkout. Reward codes have no cash value, are personal to your Account, and may not be sold or transferred.
Points applied to a cancelled or refunded Order are restored to your Account. Points earned on a purchase that is later refunded are reversed. We may modify the Points program on thirty days' notice; Points already earned will be honored under the terms in effect when earned, or under the new terms if more favorable to you.
15. Shipping, title, risk of loss, and inspection
We ship only within the United States. We do not ship internationally, to freight forwarders, or to addresses we reasonably believe are used for onward export. All Orders ship from Buffalo, New York.
We aim to ship promptly. Delivery estimates are estimates and not guarantees. We are not liable for delays caused by carriers, weather, holidays, a Force Majeure Event, or circumstances beyond our reasonable control.
Title and risk of loss pass to you upon the carrier's acceptance of the shipment. Shipments are made F.O.B. Buffalo, New York. You are responsible for the accuracy of the shipping address you provide. We are not responsible for loss, delay, misdelivery, theft, or damage resulting from an incorrect, incomplete, or unattended delivery address.
Where shipping protection is purchased or included as a Membership benefit, lost, stolen, or damaged shipments are covered as described in the Shipping Policy. If you decline available shipping protection, you assume the risk of loss or damage in transit. We do not reship or refund packages returned to us as undeliverable, refused, or unclaimed, except at our discretion and subject to reshipment charges.
You must inspect each shipment promptly upon delivery. Any claim of shipping damage, shortage, incorrect item, or visible non-conformance must be submitted to support@pexolabs.com within seven calendar days of delivery, with the order number, photographs of the Product and outer packaging, and a description of the issue. Failure to submit a conforming claim within this window constitutes acceptance of the shipment. You must retain the Product and all packaging until the claim is resolved; disposal before resolution waives the claim.
16. All sales final, limited warranty, and exclusive remedy
ALL SALES ARE FINAL. Because we cannot verify the storage conditions, handling, or chain of custody of any item once it leaves our control, we do not accept returns, exchanges, or buyer's-remorse cancellations, and we do not issue refunds, except as expressly provided in this Section, in Section 13, or with respect to shipping protection in Section 15.
We warrant to you, as the original purchaser, that at the time of shipment each Product conformed in all material respects to the specifications stated on the COA issued for that lot. If you establish a breach of this warranty through a claim properly and timely submitted under Section 15, your sole and exclusive remedy is, at our election, either replacement of the non-conforming Product or refund of the amount you paid for the affected Product.
You may cancel any Order at no charge, for a full refund, at any time before we transmit a shipping confirmation, by contacting support@pexolabs.com.
The warranty does not apply to any Product that has been stored improperly, exposed to temperature excursion, reconstituted, diluted, opened, transferred from original packaging, contaminated, altered, damaged after delivery, used beyond its stated stability period, or handled contrary to the COA or accompanying documentation. The warranty is not transferable and may not be claimed by any person other than the original purchaser.
17. Disclaimer of warranties
EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN SECTION 16, ALL PRODUCTS AND ALL SITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL THEIR ERRORS, DEFECTS, AND SHORTCOMINGS, AND THEIR USE IS AT YOUR SOLE RESPONSIBILITY AND RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEXO LABS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE.
WE DO NOT WARRANT THAT ANY PRODUCT IS SAFE, EFFECTIVE, PURE BEYOND STATED SPECIFICATIONS, STABLE UNDER YOUR STORAGE CONDITIONS, OR SUITABLE FOR ANY PARTICULAR APPLICATION. WE DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE PRODUCTS ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY PURCHASING, YOU ACT AT YOUR OWN RISK AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU RECEIVE OR USE THE PRODUCTS.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT IS ACCURATE OR COMPLETE. THE INFORMATION AND PRODUCT DESCRIPTIONS PUBLISHED ON OUR SITE OR ON A LINKED WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. WE DISCLAIM LIABILITY FOR SUCH ERRORS AND HAVE NO OBLIGATION TO UPDATE ANY CONTENT.
WITHOUT LIMITING THE ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO ANY LINKED WEBSITE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEBSITE, NOR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH OUR SITE BY ANY PARTY OTHER THAN US.
Some jurisdictions do not allow the exclusion of certain implied warranties. In such jurisdictions, the foregoing exclusions apply to the fullest extent permitted.
18. Limitation of liability
IN NO EVENT WILL THE PEXO LABS PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF RESEARCH, OR COST OF SUBSTITUTE GOODS, EVEN IF YOU OR ANY OTHER PERSON HAS NOTIFIED US ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, THE PRODUCTS, OR THESE TERMS, WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, WARRANTY, OR STATUTE.
IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THESE TERMS, THE SITE, OR ANY PRODUCT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO PEXO LABS IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
WE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY INJURY, ILLNESS, DISABILITY, OR DEATH ARISING FROM OR RELATING TO ANY USE OF A PRODUCT IN VIOLATION OF SECTIONS 5, 6, OR 7, INCLUDING ANY HUMAN OR ANIMAL CONSUMPTION OR ADMINISTRATION, WHICH USE IS EXPRESSLY PROHIBITED, UNFORESEEABLE, AND OUTSIDE THE SCOPE OF ANY SALE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE PRODUCTS, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND PURCHASING THE PRODUCTS.
These limitations are an essential basis of the bargain, are reflected in the pricing of the Products, and apply even if any limited remedy is found to have failed of its essential purpose. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you; in such jurisdictions, our liability will be limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability for fraud, willful misconduct, or gross negligence, or any claim under New York General Business Law sections 349 or 350.
19. Indemnification
You agree to indemnify, defend, and hold harmless the Pexo Labs Parties, for all costs, liabilities, and legal fees, from any claim, demand, action, proceeding, liability, damage, judgment, settlement, or penalty made by any third party arising out of or relating to your purchase, receipt, possession, handling, storage, use, transfer, transport, resale, or disposal of any Product; any use of a Product in violation of Sections 5, 6, or 7, including any administration to or consumption by any human or animal; your breach of these Terms or of any representation or warranty made herein; your violation of any law, regulation, or third-party right; any claim brought by any third party, including any person to whom you transferred a Product or who was exposed to a Product through you; and your negligence or willful misconduct.
This Section does not apply to claims arising from our own gross negligence, willful misconduct, or breach of these Terms.
Pexo Labs reserves 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 with our defense of these claims. You agree not to settle any such matter without the prior written consent of Pexo Labs, which will not be unreasonably withheld. Pexo Labs will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. This Section survives termination.
20. Compliance, resale, and export
You are responsible for compliance with all laws and institutional policies applicable to your acquisition, possession, use, resale, transport, and disposal of the Products. You will not export, re-export, transfer, or divert any Product outside the United States, or in violation of United States export control laws or sanctions administered by the Office of Foreign Assets Control.
If you resell or transfer any Product, you must impose the restrictions of Sections 5, 6, and 7 on the transferee in writing and remain responsible for the transferee's compliance.
21. Intellectual property, trademarks, and copyrights
The Site and its entire contents, features, and functionality, including all information, software, text, displays, images, Product images, COA formatting, and the design, selection, and arrangement thereof, are owned by Pexo Labs, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You shall not challenge the ownership or rights in the Site or any component thereof.
You are granted a personal, nonexclusive, nontransferable, nonsublicensable, nonassignable, limited, and revocable right to access, use, display, and navigate the Site solely for your personal, non-commercial, and non-public use. You shall not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of our Content except for that permitted use.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or the Content is transferred to you, and all rights not expressly granted herein are reserved by Pexo Labs.
The Marks displayed on the Site are the property of Pexo Labs unless otherwise disclosed. You are prohibited from using, removing, or altering any Marks for any purpose, including use on other materials, in presentations, as domain names, or as meta-tags, without our written permission. You may not co-brand the Site or display the Site in frames without prior written permission. You agree to cooperate with Pexo Labs in causing any unauthorized co-branding, framing, or linking to immediately cease.
22. User submissions
Any review, comment, image, question, or other content you submit must be lawful, accurate, non-infringing, and free of any statement regarding human or animal use of any Product. User Content shall not be illegal, indecent, profane, threatening, defamatory, harassing, obscene, deceptive, fraudulent, or invasive of another's privacy or publicity rights, and shall not constitute unsolicited commercial solicitation or advertising. You may not submit materials that are or purport to be the personal data of others. You are prohibited from impersonating any other individual or entity or otherwise misleading any person as to the origin of your comments.
We remove User Content that describes, implies, or endorses human or animal use, states or implies a therapeutic or physiological result, or otherwise conflicts with Section 5. This standard is applied uniformly regardless of whether the submission is favorable or critical of Pexo Labs. We do not remove, suppress, or reorder submissions on the basis of negative sentiment, and we do not offer compensation in exchange for the content or rating of any submission. Where User Content is removed, we will notify you and identify which standard it did not meet, and you may edit and resubmit.
You grant Pexo Labs a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, and display any User Content in connection with the Site and our marketing. You may request removal of your User Content at any time, and we will remove it from the Site within a reasonable period. By submitting User Content, you represent and warrant that you have the right to submit it and grant the license described, that no further licenses or permissions will be needed from any third party, and that the User Content does not infringe any third party's rights.
User Content is not confidential and we have no obligation to publish, monitor, or retain any submission. You should not provide User Content that you want protected from others.
23. Third-party links and services
Links to third-party sites are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Linked Website, you do so entirely at your own risk and subject to the terms of use for that website. We encourage you to read the privacy policy for each website, application, and service you visit or use.
You are responsible for performing your own due diligence and evaluating whether any third-party service is appropriate for you. You agree that Pexo Labs is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing or using such third-party services.
24. Privacy and data
Our collection and use of personal information is governed by our Privacy Policy at https://pexolabs.com/privacy-policy/, incorporated herein by reference. You agree that all information you provide to register with our Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with that policy.
Residents of certain states, including California, Colorado, Connecticut, Virginia, Texas, and others, may have rights regarding their personal information as described in the Privacy Policy. We maintain reasonable administrative, technical, and physical safeguards for personal information as required by the New York SHIELD Act, and we will notify affected individuals of any breach of private information as required by law.
25. Electronic communications and marketing
You consent to receive communications from us electronically, including transactional messages regarding your Orders, Subscriptions, and Memberships, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.
If you opt in, we may send promotional email. Every promotional email includes our physical mailing address and a functioning one-click unsubscribe mechanism. Unsubscribe requests are honored promptly and in all cases within ten business days. Transactional messages regarding your Orders, Subscriptions, and Memberships will continue.
26. Site availability
We may modify, suspend, or discontinue the Site or any portion of it, or any Product, feature, or functionality offered through it, at any time and with or without notice. Where a suspension materially affects active Memberships for more than seven consecutive days, we will extend affected Membership periods accordingly. You agree that we shall not otherwise be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any Product offered through it.
The availability of the Site is not guaranteed and is subject to unavailability due to maintenance, upgrades, equipment malfunction, or any other reason. We bear no responsibility, and you are not entitled to any compensation, for the unavailability of your Account or for damage to or loss of any data or other content uploaded, transferred, or saved on the Site.
27. Violation of these terms
IF YOU VIOLATE ANY PROVISION OF THESE TERMS, INCLUDING BY ACCESSING THE SITE IN CONFLICT WITH THESE TERMS, BY PROVIDING INCOMPLETE, UNTRUE, OR NON-UPDATED INFORMATION, OR BY ACTING IN A MANNER THAT MAY CAUSE PEXO LABS RISK OF OR ACTUAL REPUTATIONAL DAMAGE, PEXO LABS MAY COMPLETELY OR PARTIALLY RESTRICT YOUR ACCESS TO ANY OR ALL OF THE SITE AND PRODUCTS, WITHOUT PRIOR NOTICE.
Without limiting the foregoing, conduct creating a risk of reputational damage includes publicly representing that Pexo Labs Products are intended for, suitable for, or have been used for human or animal administration; publicly attributing to Pexo Labs any therapeutic, medical, or physiological claim; or holding yourself out as affiliated with, endorsed by, or acting on behalf of Pexo Labs without our written authorization.
Where a violation involves fraud or material breach, Pexo Labs may cancel Orders, terminate Accounts and Memberships, forfeit unredeemed Points, and refuse future service, in addition to all other remedies available at law or in equity. Pexo Labs may void any specific gift card that was itself obtained through fraud. Pexo Labs may report any violation to appropriate authorities.
Pexo Labs aims to provide a safe and lawful environment for legitimate research purchasing and reserves the right to take any action it deems prudent to deter misuse or other conduct which Pexo Labs, in its sole discretion, deems in conflict with its mission and values.
28. Force majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by a Force Majeure Event. Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of a Force Majeure Event. Where a Force Majeure Event prevents delivery of a paid Order for more than thirty days, you may cancel that Order for a full refund.
29. Term and termination
These Terms remain in effect while you use the Site, hold an Account, or maintain any Subscription or Membership.
Pexo Labs reserves the right to refuse to permit or to terminate your access to the Site at any time for breach of these Terms, suspected fraud, or where required by law. Except in cases of fraud or material breach, we will provide notice and, where a Membership is active, refund the unused prorated portion of the current period. If such access is refused or terminated, you agree you will not attempt to establish a new Account under any name, real or assumed.
On termination, Store Credit codes already issued remain usable until their expiration date as described in Section 13, except that we may void any specific code obtained through fraud. Points are handled as described in Section 14.
All provisions of these Terms which by their nature should survive termination shall survive, including Sections 5, 6, 7, 8, 15, 16, 17, 18, 19, 20, 21, 22, 27, 30, 31, and 33. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
30. Dispute resolution, arbitration, and class action waiver
PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES MANDATORY ALTERNATIVE DISPUTE RESOLUTION INSTEAD OF LITIGATION, AFFECTS LEGAL RIGHTS YOU MAY OTHERWISE HAVE, AND PROVIDES THAT YOU WAIVE YOUR RIGHT TO SUE IN COURT AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY DAYS AS DESCRIBED BELOW.
Informal resolution first. Before initiating arbitration, you agree to send a written Notice of Dispute to support@pexolabs.com or to Pexo Labs LLC, 505 Ellicott Street, Buffalo, NY 14203, describing the claim, the relief sought, and your order number. We will send any Notice of Dispute to your Account email. The parties will attempt in good faith to resolve the dispute for sixty days from receipt. This is a condition precedent to arbitration, and any applicable limitations period is tolled during it.
Agreement to arbitrate. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, any Product, any Order, any Subscription or Membership, any marketing or advertising, or the relationship between the parties, whether based in contract, tort, statute, fraud, misrepresentation, product liability, or any other theory, and whether arising before, during, or after termination, shall be resolved exclusively by final and binding individual arbitration, including the determination of the scope or applicability of this agreement to arbitrate.
Rules and procedure. This arbitration agreement is governed by the Federal Arbitration Act. Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, as modified by this Section, before a single neutral arbitrator. Hearings will be held remotely by videoconference, or in the county of your residence at your election. The arbitrator may decide the matter on written submissions. Judgment on the award may be entered in any court having jurisdiction. The arbitrator has authority to resolve disputes regarding the interpretation, applicability, enforceability, scope, and formation of this arbitration agreement, except that a court shall decide the enforceability of the class action waiver below.
CLASS ACTION WAIVER. YOU AND PEXO LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. NO ARBITRATION PROCEEDING HEREUNDER SHALL BE CONSOLIDATED WITH, OR JOINED IN ANY WAY WITH, ANY OTHER ARBITRATION PROCEEDING.
Exceptions. Either party may bring an individual action in small claims court. Notwithstanding anything to the contrary herein, Pexo Labs may seek injunction, specific performance, or other equitable relief without prejudice in the courts identified in Section 31, without the necessity of posting bond, to prevent infringement or misappropriation of its Intellectual Property, unauthorized access to its systems, or any other breach of these Terms which would cause irreparable harm not compensable by damages alone. Nothing in this Section prevents you from filing a complaint with any federal, state, or local government agency, including the Federal Trade Commission, the Food and Drug Administration, or the New York Attorney General, or from seeking public injunctive relief where such relief may not be waived by contract.
Thirty-day right to opt out. You may opt out of this arbitration agreement by sending written notice to support@pexolabs.com with the subject line "Arbitration Opt-Out" within thirty days of the date you first accept these Terms. The notice must include your full name, mailing address, and the email address associated with your Account. We will confirm receipt of your opt-out in writing. Opting out does not affect any other provision of these Terms and will not affect your ability to purchase, your Membership, or any benefit.
Mass arbitration protocol. If twenty-five or more similar demands for arbitration are filed against Pexo Labs by or with the assistance of the same or coordinated counsel within a ninety-day period, the demands shall be resolved in staged batches of no more than fifty, with a single arbitrator appointed per batch, and remaining demands stayed pending completion of each batch. Any limitations period is tolled for stayed demands.
Fees and costs. Payment of filing, administration, and arbitrator fees is governed by the AAA Consumer Arbitration Rules. We will pay all filing, administration, and arbitrator fees for any individual claim seeking less than $10,000, other than the amount you would pay to file in small claims court. For any claim seeking $10,000 or more, the parties shall initially evenly share the cost of arbitration; however, the prevailing party shall be entitled to recover the costs incurred by it, including that party's reasonable attorneys' fees, to the extent permitted by applicable law and the AAA Consumer Arbitration Rules.
JURY TRIAL WAIVER. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS (WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY). EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OF ANY OTHER PARTY HAS REPRESENTED THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER, AND ACKNOWLEDGES THAT IT HAS BEEN INDUCED TO ENTER INTO THESE TERMS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS IN THIS SECTION.
Severability of this section. If the class action waiver is found unenforceable as to a particular claim or request for relief, that claim shall be severed and litigated in court under Section 31, and all other claims shall proceed in arbitration. If any other portion of this Section is found unenforceable, it shall be severed and the remainder enforced.
Limitations period. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT MUST BE FILED WITHIN TWO YEARS AFTER THE CLAIM ACCRUES, OR IT IS BARRED. This provision does not apply to any claim for personal injury.
31. Governing law and venue
These Terms shall be governed by and construed in accordance with the laws of the State of New York and applicable federal law, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For any dispute not subject to arbitration, each party irrevocably consents to the exclusive jurisdiction of the state and federal courts located in Erie County, New York, and irrevocably waives any objection to the laying of venue in those courts and agrees not to plead or claim that any action brought in those courts has been brought in an inconvenient forum.
Nothing in this Section deprives any consumer of the protection of mandatory consumer protection provisions of the law of the state in which that consumer resides.
32. Changes to these terms
We may modify these Terms at any time by posting the revised version with a new Effective Date. Changes apply prospectively to Orders placed after the Effective Date. The Terms in effect when you placed a given Order govern that Order.
For material changes to Section 30, we will provide notice by email at least thirty days before the change takes effect, and you may opt out of the revised arbitration provision within thirty days of that notice. For material changes affecting an active Subscription or Membership, we will provide notice as described in Section 13.
Your continued use of the Site or placement of a new Order after the Effective Date constitutes acceptance of the revised Terms. If you do not agree to any changes after receipt of notice, you must discontinue your use of the Site.
33. Other important terms
These Terms, together with the Privacy Policy and Shipping Policy, constitute the complete terms and conditions agreed between you and Pexo Labs and supersede all prior agreements relating to their subject matter, whether verbal or written. Each party acknowledges that it has not relied on any statement or representation not expressly set forth herein.
Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and Pexo Labs. Neither party shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other.
You agree that breach of the provisions of these Terms would cause irreparable harm and significant injury to Pexo Labs which would be both difficult to ascertain and not compensable by damages alone. As such, you agree that Pexo Labs has the right to enforce these Terms by injunction, without necessity of posting bond, by specific performance, or by other equitable relief, without prejudice to any other rights and remedies Pexo Labs may have.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed, and the remaining paragraphs will remain in full force and effect. If any provision is found invalid, it shall be replaced by a provision whose meaning is as close as possible to the invalid provision.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default.
Pexo Labs may assign any claim under these Terms, and may transfer its rights and obligations under these Terms in whole or in part to a third party, including in connection with a merger, acquisition, or sale of assets, without your consent, provided that any assignee assumes our obligations regarding Store Credit, Points, and active Memberships. You are not authorized to transfer or assign your rights or obligations under these Terms, and any attempted assignment without our prior written consent is void.
Except for the indemnified parties identified in Section 19, these Terms confer no rights on any third party. Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." These Terms shall not be construed against the drafting party.
Notices to you may be sent to the email address on your Account. Notices to us must be sent to support@pexolabs.com or to Pexo Labs LLC, 505 Ellicott Street, Buffalo, NY 14203.
34. Contact
Pexo Labs LLC
505 Ellicott Street
Buffalo, New York 14203
United States
Email: support@pexolabs.com
BY CHECKING THE ACCEPTANCE BOX AND COMPLETING A PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, INCLUDING THE RESEARCH USE ONLY RESTRICTIONS IN SECTION 5, THE ASSUMPTION OF RISK IN SECTION 8, THE MEMBERSHIP AND SUBSCRIPTION TERMS IN SECTION 13, THE LIMITATION OF LIABILITY IN SECTION 18, AND THE ARBITRATION AND CLASS ACTION WAIVER IN SECTION 30, AND THAT YOU AGREE TO BE BOUND BY THEM.
© 2026 Pexo Labs LLC. All rights reserved.
