Terms of service

 

THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS WEBSITE BRLsports.com (the “SITE” or “site”), WHICH IS PROVIDED BY BIOMEDICAL RESEARCH LABORATORIES, LLC, ITS AFFILIATES OR AGENTS (“BRL,” “COMPANY,” “US,” “WE,” OR “OUR”), AND APPLY TO ALL USERS VISITING THE SITE BY ACCESS OR USING THE SITE IN ANY WAY.  PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS SITE, OR BY PURCHASING FROM THE SITE, YOU ARE INDICATING YOU ACKNOWLEDGE AND ACCEPT TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THE DISCLAIMERS SET FORTH BELOW. THESE TERMS OF SERVICE CONTAIN LIMITATIONS AND EXCLUSIONS OF LIABILITY, INCLUDING AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YOU ACKNOWLEDGE AND ACCEPT TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS, USE THIS SITE, OR PURCHASE FROM THIS SITE.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

You and BRL 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. 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 arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Consumer Arbitration Rules ( the “AAA Rules”) then in effect at the time of the dispute. Any arbitration shall be governed by the FAA. To the extent any provision of this TOS or any dispute is governed by state law, it applies only to the extent not inconsistent with the FAA. 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. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.

Payment of all filing, administration, and arbitrator fees will be governed by AAA’s rules. If you are an individual, The Company will reimburse the consumer filing fees for claims totaling less than $10,000, unless the arbitrator determines your claims are frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Each party shall bear its own fees unless a statute allows for fee shifting. However, if BRL is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to BRL, including the filing fee. If twenty (20) or more similar demands are filed, the Company may elect a bellwether process, where the first five cases are heard first, with the remainder stayed, and/or set to be heard under a staged schedule.

There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. Arbitration shall proceed solely on an individual basis; and no party may consolidate or join claims of others in arbitration. In arbitration, no jury trial is available, and the consumer waives any right to participate in a representative capacity, including as a private attorney general. However, the Agreement does not waive statutory remedies, including injunctive relief, and any injunctive relief authorized by statute may be sought in arbitration on an individual basis. 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 BRL and may not preside over any kind of representative or class proceeding against BRL. 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 invalid or unenforceable 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 of Service shall continue in effect.

 

NOTICE REQUIREMENT BEFORE ARBITRATION: Before commencing any arbitration proceedings under the Agreement, a party must first send to the other a written notice of dispute (“Notice”). Your Notice to BRL must be sent to address found below. The Notice must contain an order number, transaction date, alleged statutory violation and requested relief. Failure to comply with the Notice requirement constitutes valid grounds to dismiss/stay the arbitration until the deficiency is cured. If a party’s claim is not resolved within sixty (60) days of delivery of the applicable Notice, you or we may commence arbitration proceedings in accordance with the Agreement. The arbitration of any claim or dispute hereunder (including whether a valid arbitration agreement exists and whether it covers the dispute) shall be conducted by a single, neutral arbitrator pursuant to the AAA, which are available by calling the AAA, at 1-800-778-7879, or by visiting its website at www.adr.org. If those rules conflict with any portion of the Agreement, the Agreement shall control. Unless otherwise agreed, arbitration hearings shall be held in San Diego, California, or conducted virtually at the election of the Company. The arbitrator shall apply FAA and AAA rules to all arbitrable issues. You or we also may choose to have the arbitration conducted by telephone, based on written submissions, or in person at another mutually agreed location.

YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY 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 OF SERVICE, 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. IF YOU HAVE ANY QUESTIONS ABOUT OUR RETURN POLICY YOU SHOULD EMAIL THE COMPANY AT support@BRLscience.com.

GOVERNING LAW

These Terms of Service and the Privacy Policy will be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby.

LICENSE GRANT

This Site is provided by BRL, and these Terms of Service provide to you (identified herein as “you” or “user”) a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Site conditioned on your continued compliance with these Terms of Service. If you are using the Site on behalf of a company or other business entity, please note that such a company or entity may have a separate agreement with BRL. Nevertheless, your use will be subject to these Terms of Service.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

Any statements on this site or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any regulatory agency. The products on the site are not intended to diagnose, treat, cure or prevent any disease. The information on this site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.

THIS SITE IS INTENDED FOR ADULTS

THIS SITE IS INTENDED FOR USERS EIGHTEEN (18) YEARS OF AGE OR OLDER. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, DO NOT USE OR ACCESS THIS SITE FOR ANY REASON AND PLEASE EXIT THIS SITE IMMEDIATELY.

YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE OR PROVINCE YOU ARE IN TO PURCHASE OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO KNOW WHETHER YOU ARE LEGALLY ABLE TO PURCHASE OUR PRODUCTS.

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. We do not collect personally identifiable information from any person we actually know is under the age of 18. By downloading, accessing, or using this Site or in order to view our information and materials or submit information of any kind to this Site, you represent that you are at least eighteen (18) years of age (or the age of majority in your state of residence).

ADVICE

You will have the opportunity through our Sites to e-mail us with any questions you may have regarding our products, or health matters in general. Do not send us any medical, therapeutic or treatment questions. BRL does not and will not provide medical advice, and we urge you to contact your doctor if you feel you require medical advice or treatment.

RESTRICTIONS ON USE OF MATERIALS

These Terms of Service provide only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that BRL transfers no ownership or intellectual property interest or title in and to this Site to you or anyone else. All materials, including without limitation, graphics, images, HTML, codes, multimedia clips, Java codes, logos, button icons, banners and software, contained in this Site are the copyrighted property of BRL, or its affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names show on this Site are proprietary to BRL, or its affiliates and/or third-party licensors. Unauthorized use of the materials on this Site will violate intellectual property rights. All rights not expressly granted in these Terms of Service are reserved to BRL, or its affiliated companies and/or third-party licensors, whichever is the owner of any specific material. As such, no material from this Site may 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 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 materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from this Site. The use of any such material on any other Web Site or computer environment is prohibited. 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 this Site or in any way reproduce or circumvent the navigational structure or presentation of this 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 this Site, including, without limitation, the account of another user(s), or any other systems or networks connected to this Site or to any BRL server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site, (iv) reverse lookup, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or BRL’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person’s use of the 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 BRL on or through the Site, (viii) use the Site or any interactive feature to harvest or collect e-mail addresses or other contact information; or (ix) use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact BRL. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY BRL. TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. BRL cannot and does not guarantee or warrant that any files or information available for downloading will be free of infection, viruses, worms, Trojan horses or other code or codes that may contain contaminating or destructive properties. You agree to assume the entire cost of all necessary servicing, repair or correction resulting from any such downloading. You may not link any other website to this Site, nor reference hypertext documents on this Site from another website or document including e-mail. BRL 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 of Service your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials. Nothing contained in this Site should be construed as granting any license or right to use any trademark, logo, trade name or design displayed on this Site without the written permission of BRL, or the respective owner of the trademark.

LIMITATION OF LIABILITY AND DISCLAIMER

The use of this Site and the Information is at your own risk. When using this Site, information will be transmitted over a medium over which BRL has no control or jurisdiction. Therefore, BRL does not assume any liability for or relating to the delay, failure, interruption or corruption of any information transmitted in connection with the use of this Site. This Site and the Information given through this Site are provided without charge and are provided on an “As Is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, BRL 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, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the exclusions may not apply to you. BRL does not warrant that the Information contained on this Site will be uninterrupted or error-free, or that defects will be corrected. BRL makes no warranty as to the accuracy, reliability, completeness, timeliness, usefulness, adequacy or suitability of the Information, links or communications provided on or through the use of this Site and does not warrant against human or machine error, delay, omissions, interruptions or losses, including loss of any data or the legality of the Site or compliance with respect to laws governing the products, services or promotions offered on this 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 OR ANSWERED QUESTIONS 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, THIS 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. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU 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, FOR ACCESSING THIS SITE.

USER SUBMISSIONS

You agree that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, BRL reserves the right to terminate immediately your access to and use of this Site. In addition, you agree that you will not make any transmission or submission to this 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) BRL a royalty-free, perpetual, irrevocable, world-wide nonexclusive 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. BRL may sublicense its rights through multiple tiers of sublicenses.

PRIVACY POLICY

The operation of certain portions of this Site may require the submission, use, and/or dissemination of various personal identifying information about you. Please see BRL’s Privacy Policy for a summary of BRL's personal identifying information collection and use practices. You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You agree not to use another user’s username and password. You will immediately notify BRL if you become aware of any loss or theft of your password or any unauthorized use of your username and password. BRL reserves the right to delete or change a username or password at any time and for any reason.

GIFT CARDS

Treat our gift cards like cash. Gift cards are redeemable for merchandise (other than gift cards) at BRLsports.com. This card cannot be returned, refunded, or redeemed for cash or credit except where required by law. Card will not be replaced if lost, stolen, or damaged. BRL is not responsible for any unauthorized use of card. There are no fees or expiration with this card.

Gift Cards are issued and managed by BRL and can be applied only to purchases from BRLsports.com.

All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of California. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Gift cards do not expire and do not have any fees.

Gift cards are not reloadable and may not be redeemed for additional gift cards, shipments outside the U.S., or for cash or credit (except as required by law). Gift cards are not for resale. Gift card balances are not transferable. BRL is not responsible for any lost or stolen gift cards, or use without your permission. Lost or stolen gift cards will not be replaced. 

BRL Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).

For balance information, click here or call 888-762-2699. The balance you see when viewing online or receive by calling is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the updated balance is delayed for a period of time.

ENFORCING SECURITY ON THE SITE

Actual or attempted unauthorized use of this 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. BRL reserves the right to view, monitor, and record activity on this Site 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 Site. BRL will also comply with all court orders involving requests for such information. In addition to the foregoing, BRL reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of this Site, in order to protect the Site, BRL, or BRL's business.

LINKS TO OTHER SITES

We suggest that you exercise discretion while browsing the Internet using this Site. You should be aware that when you are on this Site, you could be directed to other websites that are beyond our control. There are links to other websites from BRL pages that take you outside of our service. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on this Site may send cookies to users that we do not control. Use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. We make no representations concerning the content of any such third-party websites. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in websites linked to this Site. We reserve the right to disable links from third-party sites to this site.

TERMINATION OF ACCOUNT

These Terms of Service will take effect at the time you click “SUBMIT,” register, respond to a request for information, and/or begin downloading, accessing, or using this Site, whichever is earliest. BRL reserves the right at any time and for any reason to deny you access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and BRL shall have the right to immediately terminate a user’s account in the event of any conduct by a user which BRL in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms of Service. Termination will be effective without notice. You may also terminate these Terms of Service at any time by ceasing to use the Site, but all applicable provisions of these Terms of Service will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of this Site in your possession. The provisions concerning BRL’s proprietary rights, Submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms of Service, and governing law will survive the termination of these Terms of Service for any reason.

ERRORS, INACCURACIES OR OMISSIONS

The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.

CONSENTING TO ELECTRONIC COMMUNICATIONS

When you use our Site or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the applicable portions of our Site. You may update your information for notice purposes by logging in to your account. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw your consent for us to communicate with you electronically, you must terminate your account (if any) and you may not use our Site.

INDEMNIFICATION

You agree to indemnify, defend and hold BRL, and its affiliates and their respective officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless 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, directly or indirectly, from: (a) your breach of these Terms of Service; (b) your access to or use of this Site or any website to which this Site is or may be linked from time to time; (c) your use of, reliance on, or publication, communication or distribution of anything on or from this Site; and/or (d) your violation of any law, rule or regulation. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

THIRD-PARTY TOOLS AND WEBSITES

We may provide you with access to third-party tools (“Third-Party Tools”) through our Site over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional Third-Party Tools. Any use by you of optional Third-Party Tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such Third-Party Tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

Certain content, products and services available via our Site may include materials from persons that are not affiliated with us (“Third Parties”), and the Site may contain links that direct you to websites operated by Third Parties. We are not responsible for examining or evaluating the content, and we do not warrant and will not have any liability or responsibility for, any Third-Party websites or materials available therein. When you access any such Third-Party materials or website, you do so at your own risk. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party website. Please review carefully the Third Party's policies and practices and make sure you understand them before you engage in any transaction involving them. BRL is not a party to those agreements; they are solely between you and the Third Party. Complaints, claims, concerns, or questions regarding Third-Party products and services should be directed to the Third Party.

ENFORCEMENT

You acknowledge that any breach, threatened or actual, of these Terms of Service will cause irreparable injury to BRL, such injury would not be quantifiable in monetary damages, and BRL would not have an adequate remedy at law. You therefore agree that BRL 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 restraining any breach, threatened or actual, of your obligations under any provision of these Terms of Service. Accordingly, you hereby waive any requirement that BRL post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to BRL to enforce any provision of these Terms of Service.

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, the US Virgin Islands, Puerto Rico and Guam. In addition, any contests or sweepstakes offered are offered only to residents of the United States of America. We make no representation that the material on this Site is appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

To the extent that consumers in territories outside of the United States of America may have mandatory local rights that cannot be waived, the Company will comply with applicable local laws.

CONTACT INFORMATION

You can contact us via e-mail by clicking “Contact Us” on any BRL page or send an e-mail directly to support@BRLscience.com. Please include information in the e-mail that will help us identify your account so we can assist you with your inquiry or request.

WAIVER & SEVERABILITY

Failure to insist on strict performance of any of these Terms of Service will not operate as a waiver of any subsequent default or failure of performance. No waiver by BRL of any right under these Terms of Service will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable 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 of Service shall continue in effect. Further, if the arbitration provision is determined to be invalid or unenforceable, the individual-only claims and fee-allocating provisions shall survive and continue to bind the parties.

SUCCESSORS AND ASSIGNS

We may perform any of our obligations or exercise any of our rights under these Terms of Service through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under common control with us). If BRL, or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms of Service. You may not assign your rights or obligations under these Terms of Service, by operation of law or otherwise, without our prior written consent.

CONSUMER RIGHTS NOTICE

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about the Site must be sent via mail or courier to the address listed below. Regardless of which method is used, you must ensure that where available, a tracking service is used.

Under California Civil Code Section 1789.3, users of this Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

All notices will be in writing and will reference these Terms. We may notify you using the information you provided, including by email. Service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post.

ENTIRE AGREEMENT

No joint venture, partnership, employment, or agency relationship exists between you and BRL as a result of these Terms of Service or your utilization of this Site. These Terms of Service, BRL's Privacy Policy, and any other agreement or terms or conditions for services, subscriptions or licenses for products or services available through the Site, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and BRL, with respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and BRL with respect to this Site.

If you need further assistance, please contact us at:

Attention: Customer Service

Biomedical Research Laboratories, LLC
2636 S Wilson St.
Suite 104 – F2
Tempe, AZ 85282

Last update: March 4, 2026