Terms of service
Overview
This website located at www.activeformula.shop (the “Website”) is operated by ActiveFormula LLC (“ActiveFormula,” “we,” “us,” or “our”). Throughout the site, the terms “we,” “us,” and “our” refer to ActiveFormula LLC. ActiveFormula LLC offers this Website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services.
Any new features or tools which are added to the current store shall also be subject to these Terms of Service. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
These Terms incorporate by reference any additional policies posted on our Website or made available at checkout, including our Privacy Policy, Refund Policy, Shipping Policy, Subscription Terms, SMS Terms, and any product-specific warnings, directions, disclosures, or terms posted on a product detail page, product label, package insert, or purchase flow.
Email : info@activeformula.shop
Address : 30 N Gould St, STE R, Sheridan, WY 82801, USA
Phone # : 307-218-7834
Section 1 — Product Classification
ActiveFormula sells more than one type of product, which may be regulated differently under U.S. law. Each product’s regulatory classification is stated on its product packaging and product detail page (“PDP”).
- Products labeled and sold as a conventional food (with a Nutrition Facts panel) are regulated under general U.S. food law and are not dietary supplements. As of the date of these Terms, this includes GLO Shot.
- If ActiveFormula introduces a product labeled and sold as a dietary supplement (with a Supplement Facts panel), additional terms specific to that product will be published as part of these Terms of Service at the time that product is introduced, and will apply only to that product.
Nothing in these Terms shall be read to reclassify a conventional food product as a dietary supplement, or vice versa. Product classification is determined by the applicable product label, product detail page, intended use, and applicable law.
Product-specific labels, packaging, directions, warnings, Nutrition Facts panels, Supplement Facts panels, allergen statements, and product detail pages may differ by product. You should review the applicable product label and product detail page before purchase and before use. If there is any inconsistency between general Website content and product-specific labeling, the product-specific labeling controls to the extent consistent with applicable law.
Section 2 — Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 3 — General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 4 — Accuracy, Completeness, and Timeliness of General Information
General educational, wellness, lifestyle, historical, or non-product-specific content on the Website is provided for general informational purposes only and may not reflect the most current information. We do not guarantee that such general content is accurate, complete, current, or suitable for your particular circumstances, and you should not rely on it as the sole basis for making health, dietary, purchasing, or safety decisions.
Before purchasing or using any product, you should review the applicable product label, product detail page, directions, warnings, and any policies or disclosures made available at checkout.
This Website may contain historical or archived information. Historical or archived information is provided for reference only and may not be current. We may modify Website content at any time.
Nothing in this Section limits any rights, obligations, or disclosures that cannot be limited under applicable law.
Section 5 — Modifications to the Service and Prices
Prices for our products are subject to change without notice.
For Subscriptions, price changes, renewal terms, notices, and cancellation rights are governed by Section 9 and applicable automatic renewal laws.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Section 6 — Products or Services
Certain products or Services may be available exclusively online through the Website. These products or Services may have limited quantities and are subject to return, refund, replacement, or exchange only according to our Refund Policy, available at https://www.activeformula.shop/policies/refund-policy.
Food Products; Labeling and Product Information. Our ingestible products are food products unless expressly identified otherwise on the applicable product label. Product descriptions, images, ingredient information, Nutrition Facts, Supplement Facts, serving information, storage instructions, allergen statements, warnings, and other product information are provided for convenience and may vary by product. Always read the product label and product detail page before purchase and before use.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not guarantee that any product will meet your subjective taste, flavor, texture, aroma, or personal preference expectations. This does not limit any rights you may have for products that are damaged, defective, expired, recalled, incorrectly shipped, mislabeled, or affected by a verified quality or safety issue.
Risk of Loss; Shipping Issues. Risk of loss passes to you when the carrier marks the shipment as delivered to the shipping address provided for the order, except as otherwise required by law. We are not responsible for delays or failed delivery caused by incorrect or incomplete shipping information provided by you. If your order is lost, delayed, damaged in transit, delivered incorrectly, leaking, or arrives in a condition that may affect product safety or quality, please contact us promptly in accordance with our Shipping Policy, available at https://www.activeformula.shop/policies/shipping-policy, and our Refund Policy.
Allergens and Cross-Contact. Our products may contain, or may be manufactured, processed, packed, or stored in facilities that handle, major food allergens or other ingredients that may cause sensitivities. Allergen information, where applicable, is provided on the product label and product detail page. We do not represent that any product is allergen-free, gluten-free, vegan, or free from cross-contact unless expressly stated on the applicable product label or product detail page.
Storage, Handling, Lot Codes, and Best-By Dates. You are responsible for following all storage, handling, serving, and use instructions provided on the product label or product detail page. Do not use any product if the package is opened, leaking, damaged, swollen, tampered with, expired, or otherwise appears unsafe. For product quality questions, please contact us with your order number, product name, lot code, best-by date, and photographs of the product and packaging.
Quality Issues, Damaged Products, and Recalls. If you receive a damaged, defective, expired, incorrect, leaking, or potentially unsafe product, you must contact us promptly according to our Refund Policy. We may request photographs, the product label, lot code, best-by date, shipping materials, and other information to evaluate the issue. If a product is subject to a recall, market withdrawal, or safety notice, we may provide instructions by email, Website notice, product page notice, or other reasonable means.
California Proposition 65 Warnings. For products sold or shipped to California, California Proposition 65 warnings, where required, may be provided on the applicable product detail page, product label, checkout page, or other purchase-related materials. Any such warning is product-specific and should be reviewed before purchase and use.
Product Availability and Regulatory Changes. We may modify, suspend, limit, or discontinue the sale of any product at any time due to supply, quality, regulatory, labeling, fulfillment, import, or safety-related considerations.
Section 7 — General Wellness Content Disclaimer
Any wellness, ingredient, educational, lifestyle, routine, or product-related content on our Website, product detail pages, FAQs, emails, SMS messages, advertisements, social media, influencer content, or other marketing materials is provided for general informational and wellness purposes only. It is not medical advice, is not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition, and is not a substitute for advice from a qualified healthcare professional.
Conventional Food Content. For products identified as conventional foods, any wellness or routine-related statements should be understood in the context of ordinary food use and general wellness. Such statements are not intended to state or imply that the product is a dietary supplement, drug, medical food, or treatment for any disease or medical condition.
Dietary Supplement Products, If Introduced. If we introduce a product identified as a dietary supplement, that product may be subject to additional product-specific disclaimers, directions, warnings, and terms. Any structure/function statements for dietary supplement products will apply only to the specific dietary supplement product identified and not to any product identified as a conventional food.
This disclaimer describes how our content should be read; it does not itself constitute, and should not be read together with product packaging as constituting, a dietary supplement disclaimer. See Section 1 (Product Classification).
Section 8 — Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 9 — Subscriptions and Recurring Billing
Some of our products are available for purchase on a recurring subscription basis (a “Subscription”). This Section applies whenever you enroll in a Subscription.
Subscription Disclosures at Checkout. Before you enroll in a Subscription, we will disclose the material Subscription terms at checkout, including the recurring charge amount or range, billing frequency, renewal terms, cancellation method, applicable order cutoff, and any post-trial or post-promotional price. By placing a Subscription order, you agree to those Subscription terms.
Authorization to charge. By enrolling in a Subscription, you provide your express affirmative consent to the Subscription terms presented at checkout. We may maintain records of your consent as required or permitted by applicable law, and you authorize us to automatically charge your chosen payment method on a recurring basis, at the frequency you selected at checkout, at the price then in effect for your Subscription, until you cancel. WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU CANCEL YOUR SUBSCRIPTION OR CHANGE YOUR PAYMENT METHOD. This does not affect charges already submitted before we could reasonably act on your cancellation.
Auto-renewal and price changes. Your Subscription will automatically renew for successive periods of the same length as your selected frequency, at the then-current price, until canceled. We will provide reasonable advance notice of any increase to your Subscription price before it takes effect, consistent with applicable law.
Renewal Reminders and Notices. Where required by law, we will send renewal reminders, upcoming order notices, trial expiration notices, promotional price expiration notices, annual reminders, price change notices, or other Subscription-related notices by email, SMS, account notification, or other reasonable means. We may also choose to send these notices even where not legally required. These notices may include the product, frequency, amount or range of charges, renewal timing, cancellation method, and other information required by applicable law.
Cancellation. You may cancel your Subscription at any time through your account settings, through any online cancellation method we make available, or by contacting us at info@activeformula.shop. To avoid being charged for your next Subscription order, you must cancel or modify your Subscription before the applicable order cutoff shown at checkout, in your account portal, or in your renewal reminder. If a Subscription order has already been processed for payment, fulfillment, or shipment, we may be unable to cancel that order, except as required by law or as stated in our Refund Policy.
Online Cancellation. If you enrolled in a Subscription online, we will provide an online method to cancel the Subscription, such as a direct link, button, account portal, or other reasonably accessible electronic method, as required by applicable law.
Skipping, pausing, or rescheduling. Depending on the tools available at the time, you may be able to skip, pause, or reschedule an upcoming Subscription order through your account. Any such change must be made before the applicable order-cutoff date shown in your account; changes made after that date may not apply until the following cycle.
Free trials and introductory offers. If we offer a free trial, free gift, promotional price, or introductory-priced Subscription, we will disclose the applicable trial or promotional period, the price or price range that will apply after the trial or promotional period ends, the billing frequency, and how to cancel before being charged. You must cancel before the trial or promotional period ends, and before any applicable order cutoff, to avoid being charged the standard Subscription price.
Failed payments. If we are unable to successfully charge your payment method, we may retry the charge, suspend or cancel your Subscription, and/or contact you to request updated payment information.
Current information required. You must keep your billing information (including card number, expiration date, and billing address) current, complete, and accurate, and must promptly notify us if your payment method is canceled, lost, stolen, or otherwise compromised.
Section 10 — Optional Tools
We may provide you with access to third-party tools 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 the optional 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 tools are provided by the relevant third-party provider(s).
Section 11 — Third-Party Links
Certain content, products, and Services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.
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 websites.
Section 12 — User Comments, Feedback, Reviews, and Other Submissions
Reviews, Testimonials, and Health-Related Claims. You may submit honest reviews and feedback about your experience with our products, Services, or business. However, we may refuse to publish, remove, edit, or decline to use any review, testimonial, photograph, video, social media content, or other Submission for promotional purposes if we believe it states or implies that any product diagnoses, treats, cures, mitigates, or prevents any disease or medical condition, or that any product has effects on inflammation, nausea, bloating, blood sugar, cholesterol, blood pressure, pain, anxiety, depression, weight loss, colds, flu, infections, digestive disorders, or any other disease, symptom, or medical condition.
If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, photographs, testimonials, reviews, social media content, or other materials, whether online, by email, by postal mail, by tagging us on social media, or otherwise (collectively, “Submissions”), you agree that such Submissions are non-confidential and non-proprietary, except to the extent otherwise required by applicable law.
By submitting a Submission, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, and publish the Submission on our Website, owned social media channels, emails, and other owned marketing channels in connection with our products and Services. This license does not transfer ownership of your Submission to us.
Paid Advertising and Likeness Rights. We will not use your name, image, likeness, photograph, video, voice, or social media handle in paid advertising without your separate consent, except where permitted by applicable law.
Incentivized Reviews. If you submit a review or testimonial in exchange for a discount, free product, reward, loyalty points, entry into a promotion, affiliate commission, or other benefit, you must clearly disclose that connection in your Submission.
We may monitor, edit, refuse to publish, remove, or decline to use any Submission that we believe may create legal, regulatory, advertising, product-claim, privacy, intellectual property, publicity-rights, consumer protection, or product safety concerns.
You are solely responsible for any Submission you make and for ensuring that you have all rights necessary to provide it.
Section 13 — Personal Information
Your submission of personal information through the store is governed by our Privacy Policy, available at https://www.activeformula.shop/policies/privacy-policy. The Privacy Policy is incorporated into these Terms by reference.
Your interactions with our Website, checkout, customer account, subscription tools, email programs, SMS programs, review tools, analytics tools, and advertising technologies may involve the collection and use of personal information as described in our Privacy Policy and, where applicable, our SMS Terms.
Section 14 — Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service 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 in the Service or on any related website 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 in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Nothing in this Section limits our obligation to correct or update product, safety, recall, allergen, subscription, pricing, or other information where required by applicable law.
Section 15 — Prohibited Uses
In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site, the Service, or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, state, provincial, or local laws, regulations, rules, or ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or unlawfully discriminate;
(f) to submit false or misleading information;
(g) to upload or transmit viruses, malware, or any other type of malicious code;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, scrape, or otherwise engage in unauthorized data collection;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the Service;
(l) to submit false, misleading, unsubstantiated, or unlawful health, disease, medical, weight-loss, or product-performance claims;
(m) to resell, relabel, repackage, tamper with, alter, dilute, adulterate, or redistribute any product without our prior written authorization;
(n) to use our products, content, reviews, Submissions, trademarks, or marketing materials in a manner that violates food, drug, advertising, consumer protection, privacy, product safety, or similar laws; or
(o) to create, purchase, submit, or solicit fake, misleading, incentivized, or undisclosed reviews, testimonials, endorsements, or ratings.
We reserve the right to terminate your use of the Service for violating any prohibited use.
Section 16 — Disclaimer of Warranties; Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Except as expressly stated by us in product-specific labeling, our Refund Policy, or as required by applicable law, we do not guarantee that any product will meet your subjective taste, flavor, texture, aroma, appearance, routine, wellness, or personal preference expectations. This does not limit any rights you may have for products that are damaged, defective, expired, recalled, incorrectly shipped, missing from an order, mislabeled, or affected by a verified quality or safety issue.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACTIVEFORMULA LLC AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR SIMILAR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, YOUR INABILITY TO USE THE SERVICE, OR YOUR PURCHASE OR USE OF ANY PRODUCT OR SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOR CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR PURCHASE OF A PRODUCT OR SERVICE, OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNT YOU PAID TO ACTIVEFORMULA FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Nothing in these Terms excludes, limits, or waives any liability or right that cannot be excluded, limited, or waived under applicable law, including liability for gross negligence, willful misconduct, fraud, personal injury caused by defective products, product liability claims, or non-waivable rights under consumer protection, product safety, food safety, privacy, automatic renewal, or similar laws.
ANY ACTION OR CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR ANY PRODUCT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR SUCH CLAIM OR ACTION IS PERMANENTLY BARRED, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THIS LIMITATION PERIOD APPLIES ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW AND DOES NOT APPLY TO CLAIMS OR RIGHTS THAT CANNOT BE SHORTENED OR WAIVED BY CONTRACT.
Section 17 — Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless ActiveFormula LLC and our affiliates, officers, directors, employees, contractors, service providers, suppliers, and agents from and against any third-party claim, demand, loss, liability, damages, costs, or expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) your breach of these Terms of Service or any documents incorporated by reference; (b) your violation of applicable law or the rights of any third party; (c) content you submit, post, upload, share, or otherwise provide, but only to the extent such content is unlawful, infringing, defamatory, clearly false or misleading, or violates these Terms; (d) your unauthorized resale, relabeling, repackaging, alteration, tampering, dilution, adulteration, or redistribution of any product; or (e) your false, misleading, unlawful, or unauthorized statements about our products, including health, disease, medical, weight-loss, or product-performance claims.
Nothing in this Section is intended to limit your rights under applicable consumer review laws, including your right to share honest opinions about our products, services, or business conduct. This Section does not require you to indemnify us for claims caused by our gross negligence, willful misconduct, fraud, or any liability that cannot be shifted under applicable law.
Section 18 — Dispute Resolution and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Informal resolution first. Before filing any claim, you agree to first contact us at info@activeformula.shop with a written description of your Dispute and give us thirty (30) days to attempt to resolve it informally. Most concerns can be resolved quickly this way.
Small claims. Either party may bring an individual claim in small claims court if the claim qualifies, including in the county where you reside or another venue permitted by applicable law.
Arbitration Agreement. Any Dispute, claim, or controversy arising out of or relating to these Terms, the Website, the Service, or any product or service that is not resolved informally and is not brought in small claims court shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, except as modified by these Terms and to the extent permitted by applicable law. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
Arbitration format and location. The arbitration may be conducted by documents, telephone, or video conference, or in person only where required by the AAA Consumer Arbitration Rules or applicable law. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration fees and costs. Arbitration fees and costs will be allocated in accordance with the AAA Consumer Arbitration Rules, the applicable AAA consumer fee schedule, and applicable law. Nothing in this Section limits any statutory right to recover attorneys’ fees or costs where such rights cannot be waived.
Class action waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ACTIVEFORMULA EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION, AND EACH WAIVES ANY RIGHT TO A JURY TRIAL.
Injunctive relief. Nothing in this Section limits ActiveFormula’s right to seek injunctive or equitable relief in the state or federal courts of Wyoming relating to actual or threatened infringement or misappropriation of its intellectual property, confidential information, trademarks, copyrights, or other proprietary rights.
Non-waivable rights. Nothing in this Section limits your right to bring claims or exercise rights that cannot be waived under applicable law, including non-waivable rights under consumer protection, automatic renewal, privacy, product safety, food safety, public injunctive relief, or similar laws.
Section 19 — Assignment
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, in any way, without ActiveFormula’s prior written consent, and any attempt to do so is void. ActiveFormula may transfer, assign, or delegate these Terms and our rights and obligations without consent, including in connection with a merger, acquisition, or sale of assets.
Section 20 — Force Majeure
ActiveFormula shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including without limitation acts of God, natural disaster, war, terrorism, riots, embargoes, acts of civil or military authority, fire, flood, epidemic, pandemic, public health emergency, strikes, labor shortages, shortages of transportation, facilities, fuel, energy, packaging, ingredients, raw materials, or supplies, supply chain disruptions, carrier delays, customs or port delays, regulatory actions, import holds, FDA holds, recalls, market withdrawals, supplier failures, payment network disruptions, cyber incidents, or failures of third-party service providers outside our reasonable control.
Nothing in this Section limits any refund, cancellation, replacement, product safety, or consumer rights required by applicable law.
Section 21 — Digital Millennium Copyright Act (DMCA) Notice
If you believe that content on the Website infringes your copyright, please send a written notice to our designated agent that includes: (a) a physical or electronic signature of the copyright owner or authorized representative; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing, with information sufficient to permit us to locate it; (d) your contact information (address, telephone number, and email address); (e) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner.
Designated Agent:
ActiveFormula LLC
Attn: DMCA/Copyright Agent
Email: info@activeformula.shop
Section 22 — Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 23 — Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
Section 24 — Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 25 — Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. Subject to Section 18 (Dispute Resolution), you and ActiveFormula agree to submit to the personal jurisdiction of the state or federal courts located in Wyoming for any Dispute.
The foregoing does not deprive you of any mandatory consumer protection, automatic renewal, privacy, product safety, food safety, public injunctive relief, or other non-waivable rights that may apply in your state or jurisdiction of residence.
Section 26 — Changes to Terms of Service
You can review the most current version of these Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Website. Your continued use of or access to our Website following the posting of any changes constitutes acceptance of those changes.
Material changes to Subscription terms, renewal terms, pricing, cancellation rights, return or refund terms, or other terms for which advance notice, acknowledgment, or consent is required by law will be handled in accordance with Section 9 and applicable law.
Section 27 — Contact Information
Questions about these Terms of Service should be sent to us at info@activeformula.shop.
Privacy-related questions should be directed to the contact method provided in our Privacy Policy.
For product quality, safety, damaged product, incorrect shipment, missing item, leakage, packaging, lot code, best-by date, or potential adverse reaction concerns, please contact us at info@activeformula.shop and include your order number, product name, lot code, best-by date, photographs, and a description of the issue.
If you believe you are experiencing a medical emergency, call 911 or your local emergency number immediately.