1. Agreement to These Terms
These Terms of Service (“Terms”) govern access to bgxperformance.com (the “Site”) and any future purchases from BGX Performance (“BGX,” “we,” “us,” or “our”). By visiting the Site, submitting information, or—once ordering is available—purchasing a product, you agree to these Terms, the Privacy Policy, and the Research Use Only Disclaimer, each incorporated into these Terms. If you do not agree, do not use the Site.
2. Eligibility and Authority
You must be at least 21 years old and legally capable of entering a binding agreement. If you act for a laboratory, institution, company, or other organization, you represent that you have authority to bind that organization. Products may be purchased only by qualified researchers or authorized personnel for legitimate in-vitro research.
3. Research-Use-Only Restrictions
Every product is sold strictly as a laboratory research material. Products are not medicines, compounded drugs, dietary supplements, foods, cosmetics, household products, medical devices, or veterinary products. You must not ingest, inject, inhale, apply, administer, introduce, or otherwise use any product in or on a human or animal. Clinical, diagnostic, therapeutic, recreational, cosmetic, veterinary, and personal uses are prohibited.
You are solely responsible for determining whether you may lawfully purchase, import, possess, store, transfer, and use each product in your jurisdiction and research setting. A label or Site statement does not replace permits, licenses, institutional approvals, safety reviews, or other requirements applicable to your activities.
4. Customer Representations
By ordering, you represent and warrant that: (a) all information you provide is accurate; (b) the order is for lawful in-vitro research only; (c) you possess the training, facilities, equipment, and authorization needed to handle the materials; (d) you will follow applicable laws, safety standards, product documentation, and institutional procedures; (e) you will not seek or rely on dosing, administration, cycle, treatment, or medical guidance; and (f) you will prevent diversion, unauthorized access, and prohibited use.
5. No Medical or Professional Advice
Site content, product descriptions, literature references, research summaries, customer support, and Certificates of Analysis are provided for general laboratory and informational purposes. They do not constitute medical, veterinary, diagnostic, legal, safety, or other professional advice and do not recommend any use in humans or animals.
6. Product Information and Documentation
We seek to describe products accurately, but images, packaging, specifications, availability, pricing, and documentation may be corrected or updated. Research results and third-party literature do not guarantee performance in any particular experiment. A Certificate of Analysis relates only to the identified batch and reported tests. You are responsible for confirming identity, suitability, compatibility, and handling requirements before use.
7. Orders, Acceptance, and Cancellation
Submitting an order is an offer to purchase. We may accept, reject, limit, place on hold, or cancel an order before shipment, including for inventory issues, pricing errors, suspected fraud, regulatory concerns, suspected prohibited use, incomplete verification, payment problems, or shipping restrictions. An order confirmation acknowledges receipt but does not necessarily constitute acceptance. We may request identity, age, institutional, or intended-use verification.
8. Prices, Payment, and Taxes
Prices are shown in U.S. dollars unless stated otherwise and may change without notice. You authorize the payment method selected at checkout for all charges, taxes, shipping, and other disclosed amounts. You are responsible for applicable duties, taxes, import charges, and payment-provider fees. Chargebacks or payment disputes made in bad faith may result in account restrictions and collection of amounts lawfully due.
9. Shipping, Delivery, and Risk
Shipping estimates are not guarantees. Delays may occur because of carriers, weather, customs, verification, legal restrictions, or events outside our reasonable control. You are responsible for providing a lawful, complete, and secure delivery address and for promptly inspecting shipments. Risk of loss and title will transfer in accordance with applicable law and the shipping terms disclosed at checkout. International customers are responsible for import eligibility and customs compliance.
10. Returns, Refunds, and Order Issues
Because research materials may be temperature-sensitive, contamination-sensitive, or unsuitable for resale after leaving controlled custody, returns may be restricted. Any return, replacement, refund, cancellation, damaged-package, or missing-item request is subject to the policy displayed at checkout or provided with the order. Contact support@bgxperformance.com promptly and do not use, open, reconstitute, or alter a product that is the subject of a claim.
11. Prohibited Conduct
You may not misuse the Site; interfere with security or operation; submit false information; infringe intellectual-property rights; scrape or copy content for a competing service; attempt unauthorized access; use products unlawfully; resell or transfer products for prohibited use; market products for human or animal use; or use Site content to promote dosage, administration, treatment, or unapproved health claims.
12. Intellectual Property
The Site, brand elements, text, graphics, photographs, layout, software, and other content are owned by or licensed to BGX and protected by applicable intellectual-property laws. We grant you a limited, revocable, nonexclusive right to use the Site for lawful personal or internal business research purchasing. No other rights are granted.
13. Third-Party Services and Links
The Site may link to or rely on third-party hosting, payment, shipping, analytics, scientific databases, and other services. Third parties operate under their own terms and privacy practices. BGX does not control and is not responsible for third-party content, availability, security, or conduct.
14. Disclaimer of Warranties
To the fullest extent permitted by law, the Site, content, and products are provided “as is” and “as available.” BGX disclaims implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted Site operation, error-free content, or suitability of a product for a particular protocol. Nothing in these Terms excludes a warranty that cannot lawfully be excluded.
15. Limitation of Liability
To the fullest extent permitted by law, BGX and its owners, officers, employees, contractors, suppliers, and agents will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages; lost profits, data, research, or business opportunity; personal misuse; unauthorized use; or losses arising from improper storage, handling, transfer, or application. BGX’s aggregate liability arising from an order will not exceed the amount paid for the product giving rise to the claim. These limits do not apply where prohibited by law.
16. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless BGX and its owners, officers, employees, contractors, suppliers, and agents from third-party claims, losses, liabilities, penalties, damages, and reasonable costs arising from your breach of these Terms, unlawful conduct, prohibited use, negligent handling, unauthorized resale or transfer, or violation of another person’s rights.
17. Compliance, Suspension, and Reporting
We may suspend access, refuse service, cancel orders, preserve records, or restrict future purchases when we reasonably suspect fraud, diversion, prohibited use, safety concerns, or legal violations. We may disclose information to regulators, law enforcement, courts, payment providers, carriers, or other parties when reasonably necessary to comply with law, protect rights or safety, investigate misuse, or enforce these Terms.
18. Force Majeure
BGX is not responsible for delay or failure caused by events beyond reasonable control, including carrier disruption, natural disaster, fire, labor dispute, epidemic, war, civil unrest, cyberattack, supplier interruption, government action, regulatory change, or utility and network failure.
19. Governing Law and Disputes
These Terms are governed by applicable United States law and the law of the state in which BGX is legally organized, without regard to conflict-of-law rules, except where mandatory consumer law requires otherwise. Before filing a claim, you agree to contact support@bgxperformance.com and make a good-faith effort to resolve the dispute informally. Any court proceeding must be brought in a court with lawful jurisdiction over BGX’s principal place of business, unless applicable law provides another venue.
20. General Provisions
If a provision is unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will remain effective. Failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a business transfer or by operation of law. These Terms and incorporated policies form the entire agreement regarding the Site and orders, except for additional written terms expressly accepted by BGX.
21. Changes and Contact
We may update these Terms by posting a revised effective date. Changes apply prospectively unless law permits otherwise. Material changes will be communicated as required by law. Questions may be sent to support@bgxperformance.com.