Terms of service

OVERVIEW Welcome to Hera Labs! The terms “we”, “us” and “our” refer to Hera Labs. Hera Labs operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). 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 (specifically our Refund & Return Policy) and/or available by hyperlink. 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.

SECTION 1 - ACCESS AND ACCOUNT 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. Use of our products by minors is strictly prohibited. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - MEDICAL DISCLAIMER & FDA NOTICE (CRITICAL) THE PRODUCTS AND CLAIMS MADE ABOUT SPECIFIC PRODUCTS ON OR THROUGH THIS SITE HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION (FDA) AND ARE NOT APPROVED TO DIAGNOSE, TREAT, CURE, OR PREVENT DISEASE.

  • No Medical Advice: The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment.

  • Consultation: You should consult with a healthcare professional before starting any diet, exercise, or supplementation program, before taking any medication, or if you have or suspect you might have a health problem.

  • Individual Results: Testimonials and examples found on the website regarding the effectiveness of our products apply to the individuals depicted and may not be representative of the experience of others. Individual results may vary based on biology, metabolism, and compliance.

SECTION 3 - PRODUCTS & FORMULATION We have made every effort to provide an accurate representation of our products.

  • Visual Variations: Please note that colors, packaging designs, and bottle shapes may differ from how they appear on your screen. As stated in our Refund Policy, such aesthetic variations do not constitute a defect.

  • Availability: We reserve the right to discontinue any product at any time. We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction.

SECTION 4 - ORDERS & CANCELLATIONS When you place an order, you are making an offer to purchase.

  • Acceptance: Your order is not accepted until Hera Labs processes your payment.

  • No Cancellation: As per our Refund Policy, all sales are final once processed by our automated fulfillment system. We generally cannot modify or cancel orders once placed.

  • Right to Refuse: 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.

SECTION 5 - SHIPPING, RISK OF LOSS & DELIVERY

  • Estimates: All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs clearance, or events outside our control.

  • Risk of Loss: All items purchased from Hera Labs are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

  • Incorrect Address: We are not responsible for orders not delivered due to incorrect or incomplete shipping information provided by the customer.

SECTION 6 - PRICES AND BILLING Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You represent and warrant that charges incurred by you will be honored by your credit card company and that you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

SECTION 7 - SMS & MOBILE MARKETING (TCPA COMPLIANCE) By consenting to Hera Labs’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal Do-Not-Call list.

  • Opt-Out: Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages.

SECTION 8 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brands, text, images, graphics, and product names (including "Hera Labs"), are owned by Hera Labs and are protected by intellectual property laws. You must not reproduce, distribute, modify, or create derivative works of any of the material on the Services without our prior written consent.

SECTION 9 - 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.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If you send certain specific submissions (e.g., contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

 

SECTION 11 - 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 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.

 

SECTION 12 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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, provincial or state regulations, rules, laws, or local ordinances; (d) to submit false or misleading information; (e) to upload or transmit viruses or any other type of malicious code; (f) to collect or track the personal information of others; (g) to spam, phish, pharm, pretext, spider, crawl, or scrape; (h) for any obscene or immoral purpose; or (i) to interfere with or circumvent the security features of the Service.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. IN NO CASE SHALL HERA LABS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL 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 (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE.

 

SECTION 14 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Hera Labs and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - GOVERNING LAW & MANDATORY ARBITRATION 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 jurisdiction where Hera Labs is established (US LLC jurisdiction), without regard to conflict of law principles.

  • Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services or products (collectively, "Disputes") shall be settled by binding arbitration, rather than in court.

  • Class Action Waiver: YOU AND HERA LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

SECTION 16 - 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 to be severed from these Terms of Service.

SECTION 17 - 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 (including our Refund Policy) constitutes the entire agreement and understanding between you and us.

SECTION 18 - CHANGES TO TERMS OF SERVICE You can review the most current version of the 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.

SECTION 19 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at hello@tryheralabs.com.