CIALIX, LLC
TERMS & CONDITIONS of USE
LAST UPDATED: December 13th, 2023
USER AGREEMENT
PLEASE READ THE TERMS CAREFULLY BEFORE BROWSING OR MAKING A PURCHASE FROM THIS WEBSITE ("USE"). THE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. YOUR CURRENT USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS FOR YOUR CURRENT USE. ONLY THE TERMS IN EFFECT AS OF A USE SHALL GOVERN FOR THAT PARTICULAR USE. EACH TIME YOU MAKE USE OF THE SITE, REVIEW THE TERMS AGAIN IN ORDER TO ENSURE THAT YOU ARE AWARE OF AND ACCEPT THE THEN-CURRENT TERMS. IF YOU DO NOT ACCEPT THE TERMS, DO NOT USE THIS WEBSITE. YOU SHOULD PRINT A COPY OF THE TERMS FOR FUTURE REFERENCE, SINCE TERMS MAY HAVE CHANGED SINCE YOUR LAST USE.
YOU MUST READ AND AGREE TO THESE TERMS AND CONDITIONS BEFORE PLACING YOUR ORDER. BY PLACING YOUR ORDER, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
ATTENTION: This is a binding agreement between You, the person or entity agreeing to the terms contained in this document ("You", "Your" or "Customer"), and Cialix, LLC the sellers of Cialix Products, and the owner and administrator of this Website and all content and functionality contained herein ("Our", "Us", or "Company") (collectively, the "Parties" or "We")referenced as Cialix. These terms and conditions, as well as any additional terms, conditions and covenants referenced in this document (collectively, these "Terms", "Terms of Use" or this "Agreement"), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the "Website").
ACCEPTANCE OF TERMS OF USE: By using, visiting, or browsing the Website, as well as placing an order with Cialix through the Website or customer service center, You accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of Our Privacy Policy. If You do not agree to be bound by these Terms of Use and Privacy Statement, You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree, and consent to all Terms contained herein.
These Terms of Use constitute the entire agreement between Cialix and You, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, the content, products, or services provided by or through the Website, and the subject matter of these Terms of Use. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the Terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words "I Agree"; "Rush My Order"; “Complete Checkout”; "Submit" or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that You print this form for Your personal records.
You further agree not to use or access the Website if doing so would violate the laws of Your state, province, or country. At the top of this page appears a "Last Updated" date. A changed "last updated" dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
Product Disclaimer: The statements regarding these products have not been evaluated by the Food and Drug Administration (“FDA”). This product is not intended to diagnose, treat, cure or prevent any disease.
The information on this Website or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. You should not use this information to diagnose or treat any health problems or illnesses without consulting your doctor. You also understand that our products are not intended or to be used to treat any type of medical condition.
LEGAL HEALTH DISCLAIMERS
Any weight loss product purchased should be used under a doctor's direction only, and always with appropriate diet and exercise. Diet supplements alone cannot guarantee weight loss if not combined with diet and exercise. Consult with your physician for diagnosis or treatment. Use herbs as per instructions and always watch for any allergic reactions.
The FDA does not evaluate or test herbs.
If any individual should use the information presented on this Site without a licensed medical practitioner's approval, that individual will be diagnosing for him or herself.
CONSENT TO FUTURE CONTACT
By providing your telephone number, you expressly authorized us to call you or send you recorded messages or texts about our products and services and to service your account, using automated technology to the telephone/cellular number you entered. You understand that you are not required to give such consent as a condition of any purchase. You consent and agree that your use of a key pad, mouse or other device to select an item, button, icon, checkbox, to enter text, or to perform a similar act/action, while using our Sites, for the purpose of accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, including without limitation of the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") acceptance and agreement as if actually signed by you in writing. Be advised that all activity and IP address information is being monitored.
As disclosed in our website materials, By contacting Cialix online and sharing your telephone number with Cialix—even if you do not complete a transaction and close the internet page—you expressly request to receive information via telephone call, email and text/SMS message (including through the use of an automatic telephone dialing system or artificial/pre-recorded voice, SMS or MMS (text) messages, even if your telephone number(s) is/are currently listed on any state, federal or corporate Do Not Call list). Consent is not a requirement to purchase the goods or services from Cialix. Standard text message rates and cellular data charges apply. You may opt-out by replying “stop” to any message that you receive.
PLACING ORDERS
We have the right to refuse to accept any orders placed for Cialix products and services. Your order for products shall only be binding on us when you receive confirmation that a product has shipped. If we refuse your order, your money will be returned in full.
You are responsible for the accuracy of all information you provide that is necessary for us to process your order and/or ship your order to the correct location. If an order has not been shipped or shipped to an incorrect location due to such inaccuracy, you alone are responsible.
The provision of products and services is subject to availability. If products are out of stock, Cialix will inform you as soon as possible. You will be given the option of waiting until the products are in stock or of canceling your order.
If you have any problems or concerns regarding Leading Edge Health's products, you can reach us via the customer service contact information supplied on this website.
Dates for delivery are estimates only and are not guaranteed. Time is not of the essence in relation to such dates. They are also subject to any matter beyond our reasonable control.
If a delivery requires a signature to confirm receipt, it is your responsibility to ensure that there is someone at the delivery address to sign for acceptance of the products when delivered. It is also your responsibility to collect the products from any postal collection depot and/or arrange an alternative delivery date that you are available to sign for acceptance of the products.
Any products purchased are for personal use only. The products cannot be resold and cannot be given to any third party.
You hereby agree that any resale of goods you purchase from this site constitutes trademark and copyright infringement and is not protected under the “first-sale” doctrine because of the “material difference” and “quality controls” exceptions to the “first-sale” doctrine.
You further agree that resale by you makes you automatically liable for a $5,000.00 damages payment (five thousand U.S. Dollars) to Cialix, per occurence, which is enforceable in any court of competent jurisdiction. This is not intended as a penalty but rather as an estimation of harm that is difficult to gauge precisely (liquidated damages). There is equal bargaining power between us because this is not a product that you are obligated to purchase, and you are put on clear notice prior to purchasing the product.
We are not responsible for safe delivery of goods because we do not handle the direct delivery of your product. If the products are not delivered, arrive late, or are damaged in transit, you must make a claim with the carrier. We are happy to provide you with carrier contact details to place claims upon request.
Payment is due at the time you place your order.
We do not accept your order until we receive notice from our credit card merchant that your payment has been authorized and/or we have received payment in full in cleared funds.
If for any reason payment in full is not made, we may withhold or suspend delivery of the products.
CREDIT CARD DESCRIPTOR
By placing an order with Cialix, you authorize us to charge your credit card in accordance with these terms and conditions. Cialix will place a one-time charge for the items selected by you and placed in your checkout cart on cialix.com. Please be aware that the descriptor (or subject line) that appears on your credit card charge entry will appear as cialix.com (888) 242-5491. If You have any questions about the charge or descriptor on your credit card statement, please contact our customer service department and they can assist you.
RETURNS AND REFUND POLICY
We refund all cases of fraud and unauthorized transactions including shipping and handling charges. Call to obtain a refund.
Any additional refund or return requests are considered solely at the discretion of the company.
CUSTOMER SERVICE
Contact customer care for any reason at (888) 242-5491 or visit www.Cialix.support to chat with customer support or by email at [email protected].
WARRANTIES, LIMITATION ON LIABILITY & INDEMNIFICATION
Except as otherwise provided herein, our products and services are provided "as is" without any express or implied warranty of any kind, including warranties of merchantability or fitness for any particular purpose. Company liability hereunder shall in no event exceed an amount equal to the amount actually paid by you to Company in the month prior to a claim under this section, regardless of the basis for the claim. You understand that this is a significant limitation on your right to sue Company and you should not proceed if you do not agree. You agree to defend, indemnify and hold harmless Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the Sites, including claims by other users of your equipment, access, products or membership. Notwithstanding the foregoing, nothing contained herein shall be construed to limit Company liability for its own negligence except where allowed by law.
YOUR REPRESENTATIONS
You hereby represent and warrant that You are age eighteen (18) or older, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that Cialix Products has the right to rely upon all information provided to Cialix Products by You, and Cialix Products may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
INTELLECTUAL PROPERTY
The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Cialix or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website.
SITE CONTENT
Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Sites, nor for any offensive, defamatory or obscene posting made by any user. Under no circumstances will Company be liable for any loss or damage caused by your reliance on information obtained through the content on the Sites. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion, advice or other content available through the Sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
WEBSITE USER CONDUCT AND RESTRICTIONS
You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with Your use of the Website and the content You will not use the Website for any unlawful purpose;
THIRD-PARTY SITES
The Company Sites contain links to other Sites, resources and advertisers. Company is not responsible for the availability of these external Sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external Sites. Under no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damage caused, or alleged to have been caused, to a user in connection with the use of or reliance on any content, goods or services available on such external Sites. You should direct any concerns to such external Site's administrator or webmaster.
FORCE MAJEURE
Cialix shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Cialix performance.
INDEMNIFICATION
No responsibility is assumed by the author, publisher or distributors of this information should the information be used in place of a licensed medical practitioner's services. No guarantees of any kind are made for the performance or effectiveness of the preparations mentioned on this website. Furthermore, this information is based solely on the traditional and historic use of a given herb, or on clinical trials that are generally not recognized by any US government agency or medical organization.
This information has not been evaluated by the US Food and Drug Administration, nor has it gone through the rigorous double-blind studies required before a product can be deemed truly beneficial or potentially dangerous and prescribed in the treatment of any condition or disease.
REVERSALS AND CHARGEBACKS
We consider chargebacks and reversals as potential cases of fraudulent use of our services and/or theft of services and as such will be treated. We reserve the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity while visiting this website is strictly monitored. All visitor’s activity while viewing this website is digitally captured by video monitoring as well as the mobile or desktop device ID, a unique identifier specific to the device used while viewing and ordering through our website. The website security also captures all ip address information and all additional information available being monitored and that this information may be used in a civil and/or criminal case(s) against anyone attempting to use this website and or services in a fraudulent manner or theft of services. If a reversal or chargeback claim is filed with the cardholder's bank, refund requests will be denied by our risk management department to prevent fraudulent activity attempting to obtain multiple refunds
TRADEMARKS
The website content, product names, product lines, website names, promotion and offer names, and all related trade and service marks are and shall remain the exclusive intellectual property of Company. You specifically acknowledge that this Agreement does not confer upon you any interest in or right to use any trademark or service mark of Company or its Affiliates, unless you first receive the prior written consent of Company, which Company may grant or withhold in its sole discretion
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at [email protected] to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Policy, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in St. Louis County, Missouri, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Cialix.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Idaho without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and Cialix agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Cialix expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with Cialix, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
SEVERABILITY
If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Terms of Use, the Privacy Statement, or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Terms of Use, and the Privacy Statement will continue in full force and effect.
NO WAIVER
No waiver of or by Cialix shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
HEADINGS
All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of this Agreement.
COMPLETE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
MODIFICATIONS OF AGREEMENT
Cialix reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. Cialix does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Cialix in writing, these terms and conditions may not be amended by You.