Last updated September 25, 2026
AGREEMENT TO OUR LEGAL TERMS
We are Prime Cell Performance (“Company,” “we,” “us,” “our“), a company registered in New Mexico, United States at NA
, Albuquerque
, NM 87114.
We operate the website primecellperformance.com (the “Site“), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).TERMS AND CONDITIONS AND PURCHASE AGREEMENT Last Updated: July 21, 2026 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, INCLUDING RESTRICTIONS ON THE USE OF THE PRODUCTS, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION OBLIGATIONS. BY PLACING AN ORDER OR PURCHASING ANY PRODUCT FROM Alpha Omega Peptide, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. PART I — PURCHASE AGREEMENT 1. Introduction and Acceptance This Purchase Agreement, together with the Website Terms and Store Policies in Part II (collectively, this “Agreement”), governs the purchase and sale of all products and services offered by Alpha Omega Peptide through https://alphaomegapeptide.com (the “Site”). Alpha Omega Peptide is referred to as “Alpha Omega Peptide,” “we,” “us,” or “our,” and the customer purchasing or obtaining products is referred to as the “Buyer” or “you.” The purpose of this Agreement is to establish the conditions and restrictions governing the sale and purchase of the Material. By placing an order through the Site, creating an account, or otherwise purchasing or obtaining any Material, you agree to be bound by this Agreement. If you do not agree, you may not order or obtain any Material. We may revise this Agreement at any time in our sole discretion by posting an updated version on the Site; the revised terms take effect as of the “Last Updated” date, and your continued use of the Site or placement of orders after that date constitutes acceptance of the revised terms. 2. Definitions For purposes of this Agreement: “Material” means any product and/or service that Buyer purchases or obtains from Alpha Omega Peptide, including, without limitation, peptides, proteins, liquids, powders, chemicals, reagents, labware, and hardware. “Affiliate” means, with respect to Alpha Omega Peptide, any entity that controls, is controlled by, or is under common control with Alpha Omega Peptide, and its respective officers, directors, employees, agents, and representatives. “Qualified Researcher” means a person who is at least twenty-one (21) years of age and who possesses the professional training, technical qualifications, and facilities necessary to handle, store, and use the Material safely and lawfully for Research Purposes. “Research Purposes” means bona fide in vitro laboratory research, analytical, and development activities conducted by qualified personnel. Research Purposes expressly exclude any clinical, diagnostic, or human-subject research and any use in or on the human or animal body. “Order” means Buyer’s request to purchase Material submitted through the Site. 3. Research Use Only; No Human or Animal Consumption 3.1. All Material offered on the Site is sold FOR LABORATORY AND RESEARCH USE ONLY. THE MATERIAL IS NOT FOR HUMAN OR ANIMAL CONSUMPTION OF ANY KIND AND IS NOT A DRUG, FOOD, DIETARY SUPPLEMENT, MEDICAL DEVICE, OR COSMETIC. 3.2. The statements made on the Site have not been evaluated by the U.S. Food and Drug Administration. The Material and any statements concerning it are not intended to diagnose, treat, cure, or prevent any disease or medical condition. 3.3. Basic scientific research does not include any clinical, diagnostic, or human research. Prohibited uses of the Material include, without limitation, use: (a) for human or animal consumption; (b) as or in a food, drug, dietary supplement, medical device, or cosmetic for humans or animals; (c) for in vitro diagnostic purposes; or (d) for any commercial purpose except as expressly permitted under Section 6. 3.4. Buyer agrees that the Material will not be used for any human or animal consumption and that the Material is intended for Qualified Researchers only. 4. Regulatory Status of Alpha Omega Peptide Alpha Omega Peptide is a chemical supplier. Alpha Omega Peptide is not a compounding pharmacy as described in Section 503A of the Federal Food, Drug, and Cosmetic Act (the “FDCA”), and it is not an outsourcing facility as described in Section 503B of the FDCA. Alpha Omega Peptide does not compound drugs, does not dispense drugs pursuant to prescription, and does not manufacture, market, or sell the Material for use in the diagnosis, cure, mitigation, treatment, or prevention of disease. 5. Eligibility and Age Requirement 5.1. You must be at least twenty-one (21) years of age to purchase Material through the Site. By placing an Order, you represent and warrant that you are at least twenty-one (21) years of age, that you are a Qualified Researcher or are purchasing on behalf of one, and that, if you are ordering on behalf of an entity, you have authority to bind that entity to this Agreement. 5.2. Alpha Omega Peptide reserves the right to request proof of age, professional qualification, or institutional affiliation, and to refuse, limit, suspend, or cancel any Order or account if it believes, in its sole discretion, that these eligibility requirements are not met or that the requested information is false, incomplete, or misleading. 6. Permitted Use and License Subject to this Agreement, Alpha Omega Peptide conveys to Buyer a limited, non-exclusive, non-transferable, revocable right to use the purchased quantity of Material solely to perform internal Research Purposes for the sole benefit of Buyer. No right to resell the Material or any of its components is conveyed expressly, by implication, or by estoppel. The Material is for internal Research Purposes only and is not for use in commercial applications of any kind, including, without limitation, quality control or commercial services such as reporting the results of Buyer’s activities for a fee or other consideration. 7. Restrictions on Use and Transfer 7.1. Buyer shall not, directly or indirectly: (a) use the Material for any purpose other than Research Purposes; (b) resell, repackage, relabel, or use the Material as a starting material or component of another product; (c) export or re-export the Material; or (d) provide the Material to any third party except as permitted under Section 7.2. 7.2. If Buyer intends to sell, supply, repackage, relabel, use as a starting material or component, or otherwise provide the Material to any third party, Buyer shall first document the identity of the third party and provide the third party’s information to Alpha Omega Peptide for verification and approval. Buyer must obtain Alpha Omega Peptide’s express written approval prior to providing any Material to any third party. 7.3. Alpha Omega Peptide reserves the right to limit the quantity of Material sold, or to decline to sell Material, to any customer it deems unqualified, in its sole discretion. 8. Buyer Representations and Warranties Buyer represents and warrants to Alpha Omega Peptide that: 8.1. From Buyer’s own independent review and study, Buyer is fully aware and knowledgeable about: (a) the health and safety hazards associated with handling the Material; (b) the industrial hygiene controls necessary to protect its workers and personnel from such hazards; (c) the need to adequately warn of the health and safety hazards associated with the Material; and (d) the government regulations regarding the use of, and exposure to, the Material. 8.2. Buyer will properly test and use any Material purchased from Alpha Omega Peptide, and any materials produced with such Material, in accordance with the practices of a reasonable person who is an expert in the relevant scientific field and in strict compliance with all applicable federal, state, and local laws and regulations, now existing or hereafter enacted. 8.3. The Material will be handled only by Qualified Researchers and other qualified and trained individuals. 9. Regulatory Compliance by Buyer 9.1. Buyer warrants that any materials it produces with Material from Alpha Omega Peptide will not be adulterated or misbranded within the meaning of the FDCA and will not be articles that may not, under Sections 404, 505, or 512 of the FDCA, be introduced into interstate commerce. 9.2. Buyer acknowledges that, because the Material is intended primarily for Research Purposes, it may not appear on the Toxic Substances Control Act (“TSCA”) inventory. Buyer assumes responsibility for assuring that the Material purchased from Alpha Omega Peptide is approved for use under TSCA, if and to the extent applicable, and that any use outside the scope of the TSCA research-and-development exemption is separately authorized. 9.3. Buyer is solely responsible for compliance with all export-control laws and regulations and shall not export or re-export the Material in violation of such laws. 10. Hazard Acknowledgment and Duty to Warn Buyer acknowledges that there are hazards associated with the handling and use of the Material. Buyer has the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using the Material. Buyer also has the duty to warn Buyer’s own customers and any auxiliary personnel (such as freight handlers) of any risks involved in using or handling the Material. Buyer agrees to comply with any instructions furnished by Alpha Omega Peptide relating to the use of the Material and not to misuse the Material in any manner. 11. DISCLAIMER OF WARRANTIES 11.1. THE MATERIAL IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” Alpha Omega Peptide HAS NOT TESTED THE MATERIAL FOR SAFETY OR EFFICACY IN FOOD, DRUG, MEDICAL DEVICE, COSMETIC, COMMERCIAL, OR ANY OTHER USE. 11.2. TO THE FULLEST EXTENT PERMITTED BY LAW, Alpha Omega Peptide MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE MATERIAL, WHETHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; AND (C) WARRANTY AGAINST INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. 11.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 12. LIMITATION OF LIABILITY 12.1. IN NO EVENT SHALL Alpha Omega Peptide OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE MATERIAL, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, AND REGARDLESS OF WHETHER Alpha Omega Peptide WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. 12.2. Alpha Omega Peptide’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY MATERIAL SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY BUYER FOR THE MATERIAL GIVING RISE TO THE CLAIM. 12.3. Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by gross negligence or willful misconduct. 13. Indemnification In consideration of the sale of the Material to Buyer, which sale Alpha Omega Peptide would not otherwise make, Buyer agrees to indemnify, defend, and hold harmless Alpha Omega Peptide and its Affiliates from and against any and all claims, demands, actions, suits, proceedings, investigations, losses, damages, fines, penalties, liabilities, costs, and expenses (including reasonable attorneys’ fees) of any nature whatsoever, arising out of or relating to: (a) Buyer’s handling, storage, testing, use, or disposal of any Material, whether used alone or in combination with any other substance, and regardless of the Material’s origin; (b) Buyer’s breach of this Agreement or of any representation or warranty herein; (c) Buyer’s violation of any applicable law or regulation, including the FDCA, TSCA, and export-control laws; (d) any regulatory action arising from Buyer’s activities; and (e) Buyer’s sale, supply, or transfer of the Material to any third party. 14. Intellectual Property and No Patent License 14.1. Alpha Omega Peptide does not warrant that the use or sale of the Material will not infringe the claims of any United States or foreign patent covering the Material itself or its use in combination with other material or in the operation of any process. The listing of any Material on the Site does not constitute a license to, or a recommendation for, its use in infringement of any patent. 14.2. No license under any patent, trademark, copyright, or other intellectual property right of Alpha Omega Peptide is granted or implied by the sale of Material, except the limited right of use expressly set forth in Section 6. As between the parties, Buyer owns the research data and results it generates through its own permitted use of the Material. 15. Governing Law This Agreement, and any dispute arising out of or relating to it or the Material, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. 16. Dispute Resolution; Venue 16.1. Venue. The parties agree that any action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Palm Beach County, Florida, and each party consents to the personal jurisdiction of those courts. 16.2. Fees. In any action arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, filing fees, and costs, to the extent permitted by applicable law. 16.3. Consumer reviews. Nothing in this Agreement restricts, prohibits, or penalizes any lawful review, feedback, or assessment by Buyer of Alpha Omega Peptide or the Material. Alpha Omega Peptide reserves only those rights preserved by law, including the right to remove content that is unlawful, defamatory, or clearly false or misleading and to pursue any available cause of action for defamation. 17. General Provisions 17.1. Entire Agreement. This Agreement, together with any order confirmation and the Privacy Policy, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior understandings and agreements, whether written or oral. 17.2. Amendment; No Waiver. No modification of this Agreement between the parties is effective unless made in writing and signed by both parties, except that Alpha Omega Peptide may update these posted terms as provided in Section 1. No failure or delay by Alpha Omega Peptide in exercising any right operates as a waiver, and no single or partial exercise of any right precludes any further exercise of it. 17.3. Severability. If any provision of this Agreement is held illegal, invalid, or unenforceable by a court of competent jurisdiction, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. 17.4. Assignment; Successors. Buyer may not assign this Agreement without Alpha Omega Peptide’s prior written consent. This Agreement binds and inures to the benefit of the parties and their permitted successors and assigns. 17.5. Force Majeure. Alpha Omega Peptide is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, labor disputes, supply shortages, carrier delays, governmental action, or failures of third-party service providers. 17.6. Notices. Notices to Alpha Omega Peptide must be sent to support@alphaomegapeptide.com or to 4830 West Kennedy Blvd., Suite 600, Tampa, Florida 33609. Notices to Buyer may be sent to the email or postal address associated with Buyer’s account or Order. 17.7. Relationship of the Parties. The parties are independent contractors. Nothing in this Agreement creates any partnership, joint venture, agency, or employment relationship, or any contract or arrangement for research or product development, or any transfer, license, or purchase of technology, other than as expressly stated herein. 17.8. Headings. Headings are for convenience only and do not affect interpretation. PART II — WEBSITE TERMS AND STORE POLICIES 18. Copyright and Trademark Notice Unless otherwise specified, all materials appearing on the Site — including text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof — are the sole property of Alpha Omega Peptide, Copyright ©, All Rights Reserved. You may use the content of the Site only for the purpose of shopping on the Site or placing an Order, and for no other purpose. No materials from the Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted are reserved. Any unauthorized use of the materials on the Site may violate copyright, trademark, and other applicable laws. 19. Order Acceptance Policy Your receipt of an electronic or other order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. Your Order is an offer to buy. All Orders are subject to our acceptance, and we may, at any time after receipt of your Order, accept or decline your Order for any reason, or supply less than the quantity you ordered of any item, in our sole discretion. Any confirmation email serves only to confirm our receipt of your Order. 20. Pricing and Typographical Errors Prices are subject to change without notice. The price charged is the price advertised on the Site at the time the Order is placed. In the event a product is listed at an incorrect price due to typographical error or error in pricing information, Alpha Omega Peptide has the right to refuse or cancel any Orders placed for products listed at the incorrect price, whether or not the Order has been confirmed and your payment method charged. If your payment method has already been charged and your Order is canceled, Alpha Omega Peptide will issue a refund in the amount of the incorrect price charged. 21. Payment and Credit Cards We accept credit cards and other payment methods identified at checkout. Please provide your exact billing address and telephone number (the address and phone number your card issuer has on file). Incorrect information may delay processing of your Order. You represent and warrant that the payment information you supply is true, correct, and complete and that you are authorized to use the payment method. Credit card purchases will appear on your statement as “Alphaomegapeptide.com.” A card-processing fee may be added to your Order and will be disclosed at checkout. 22. Shipping Policy Most Orders received before 2:00 p.m. EST will ship the same business day, provided the product is in stock. Orders are not processed or shipped on Saturday, Sunday, or holidays, except by prior arrangement. We cannot guarantee when an Order will arrive; any shipping or transit time is an estimate only, and we are not liable for delays in shipment. Unless otherwise specified in the order confirmation, Buyer pays all shipping and handling charges, and title and risk of loss pass to Buyer upon our transfer of the products to the carrier. 23. Out-of-Stock Products; Backorders; Cancellation We will ship your product as it becomes available. If a product you ordered is out of stock, fulfillment may be delayed, and we will keep you informed. You may cancel your Order at any time prior to shipment. 24. Returns and Refunds Given the nature of the Material, certain products may be designated on the Site as non-returnable. Except for products so designated, we will accept a return for a refund of the purchase price, less original shipping and handling, provided the return is made within thirty (30) days of delivery with valid proof of purchase and the Material is unopened and in its original condition. To return a product, you must first contact us at support@alphaomegapeptide.com to obtain a Return Merchandise Authorization (“RMA”) number. No return will be accepted without an RMA number. You are responsible for return shipping and bear the risk of loss during return shipment. We offer no refunds on products designated as non-returnable. 25. Taxes We will automatically charge and withhold applicable sales tax on Orders delivered to addresses within any state or jurisdiction where prime cell performance has a presence or is otherwise required to collect tax. For Orders shipped elsewhere, you are solely responsible for any sales or other taxes that may apply. 26. SMS / Text Message Terms 26.1. Opt-in and consent. By opting in to receive SMS messages from prime cell performance — for example, by checking the SMS consent box or providing your mobile number for that purpose — you provide your prior express written consent to receive recurring automated marketing text messages, promotional offers, product updates, and related communications from prime cell performance at the mobile number you provide, sent using automated dialing technology. 26.2. Not a condition of purchase. Consent to receive marketing text messages is not a condition of purchasing any goods or services from prime cell performance. 26.3. Rates and frequency. Message and data rates may apply. Message frequency varies. 26.4. Opt-out and help. You may revoke your consent at any time by replying STOP (or “unsubscribe,” “cancel,” “end,” “quit,” “opt out,” or “revoke”) to any message; we will honor opt-out requests promptly and, in any event, within ten (10) business days. Reply HELP for help, or contact us at primecellperformance@gmail.com. We do not designate any exclusive method for opting out. 26.5. Delivery. Prime cell performance may send SMS messages from a dedicated toll-free or short-code messaging number, which may differ from the customer-support number listed on the Site. Prime cell performance and the wireless carriers are not liable for delayed or undelivered messages. Your use of SMS messaging is also subject to our Privacy Policy. 27. Privacy We collect and use personal information — including your name, email address, payment information, address, phone number, and account credentials — to process and fulfill your Orders, communicate with you about your purchases, and personalize your experience. We take reasonable measures to keep this information secure. Depending on your state of residence, you may have rights to access, correct, or delete your personal information or to opt out of certain data practices. Our full data-collection, use, sharing, retention, and consumer-rights practices are described in our Privacy Policy, which is incorporated into this Agreement by reference. 28. Third-Party Links The Site may contain links to third-party websites that prime cell performance does not own or operate. Prime cell performance is not responsible for the operation of, or content on, any such site, and each third-party site has its own privacy policy and data-collection practices. Please consult each site’s privacy policy for more information. 29. Platform Notice The online store is powered by WooCommerce. WooCommerce provides the means to operate the store but is in no way responsible for the activities or content within it. All content on the Site — including products, web copy, and promotions — is the sole property of prime cell performance and has no direct ties to WooCommerce. For questions about anything in the store, please contact us through the Site’s contact page. 30. Other Conditions These conditions supersede any terms or conditions you include with any purchase order, regardless of whether prime cell performance signs them. Prime cell performance reserves the right to make changes to the Site and to these conditions at any time. To the extent Part I and Part II conflict, Part I controls with respect to the sale and use of the Material.
You can contact us by email at Primecellperformance@gmail.com or by mail to NA, Albuquerque , NM 87114, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and Prime Cell Performance, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
9. USER GENERATED CONTRIBUTIONS
13. MODIFICATIONS AND INTERRUPTIONS
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
23. CALIFORNIA USERS AND RESIDENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.__________
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: Primecellperformance@gmail.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
- confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
- warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
- warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions
and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
– Discover
– American Express
– Mastercard
– Visa
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
7. RETURN POLICY
All sales are final and no refund will be issued.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Sell or otherwise transfer your profile.
- Use the Services to advertise or offer to sell goods and services.
9. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
10. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
12. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
14. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of __________ applicable to agreements made and to be entirely performed within the State of __________, without regard to its conflict of law principles.
15. DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in __________, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
16. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
17. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE zero (0) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $0.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
20. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
22. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with “STOP.” You may receive an SMS message confirming your opt out. After this, you will no longer receive SMS messages from us. If you want to join again, please sign up as you did the first time and we will start sending SMS messages to you again.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan. Carriers are not liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, contact your wireless provider.
Support
If you have any questions or need assistance regarding our SMS communications, please reply with the keyword HELP. You can also email us at Primecellperformance@gmail.com.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
25. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Prime Cell Performance
NA
Albuquerque , NM 87114
United States