Terms of Service
Effective Date: July 3, 2026 Version: v1 Last Updated: July 3, 2026
These Terms of Service (the "Terms") are a binding legal agreement between you ("you," "your," "Customer," or "Buyer") and FlexRX LLC, a LLC organized under the laws of NV ("Company," "we," "us," or "our"), governing your access to and use of https://www.myflexrx.com (the "Site") and your purchase or use of any products, materials, or services offered through the Site (collectively, the "Products" and "Services").
PLEASE READ THESE TERMS CAREFULLY. They contain important provisions, including a description of the nature and intended use of the Products as dietary supplements (Sections 3-6), a binding individual arbitration agreement and class-action waiver (Section 13), a limitation of liability (Section 11), and your indemnification obligations (Section 10). By accessing the Site, creating an account, completing the checkout attestation, or purchasing any Product, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access the Site and do not purchase any Product.
1. Nature of the Products — Dietary Supplements
1.1 Dietary Supplements for Oral Use. The Products sold by the Company are over-the-counter dietary supplements formulated as fast-dissolving oral peptide thin strips, intended for oral use by adult consumers. The Products ARE dietary supplements within the meaning of the Dietary Supplement Health and Education Act of 1994 (DSHEA). The Products are NOT drugs and are NOT intended to diagnose, treat, cure, or prevent any disease.
1.2 Not Evaluated by the FDA; DSHEA Disclaimer. These statements have not been evaluated by the Food and Drug Administration. These Products are not intended to diagnose, treat, cure, or prevent any disease. As with any dietary supplement, you should consult a qualified healthcare professional before use if you are pregnant, nursing, taking medication, or have a medical condition.
1.3 Intended Use. You acknowledge that you are solely responsible for ensuring that your purchase, possession, and use of the Products comply with all applicable federal, state, and local laws and regulations in your jurisdiction. The Products are intended for lawful personal use as dietary supplements taken orally by consumers who meet the eligibility requirements in Section 2.
1.4 Structure/Function Claims. Any benefit or structure/function statement the Company makes about a Product describes how the Product is intended to affect the structure or function of the body and is not a claim to diagnose, treat, cure, or prevent any disease. All such statements are accompanied by the DSHEA disclaimer set forth in Section 1.2. You will not interpret any content on the Site as a claim that a Product is a drug or that it can diagnose, treat, cure, or prevent any disease.
2. Eligibility
2.1 Age. You must be at least 21 years of age and of legal age to form a binding contract in your jurisdiction to use the Site or purchase any Product. By using the Site, you represent and warrant that you meet this requirement.
2.2 Authority. If you are using the Site or purchasing Products on behalf of another person or an entity (each, an "Authorized Party"), you represent and warrant that you are authorized to bind that Authorized Party to these Terms, and "you" refers to both you and that Authorized Party.
2.3 Jurisdiction and Prohibited Persons. The Site is intended for users located in the United States and the other destinations listed in the country selector at checkout. We make no representation that the Products are appropriate or available for use or purchase in any other location, and orders may be refused or canceled in our sole discretion. You represent and warrant that you are not a person or entity (and are not owned or controlled by, or acting on behalf of any person or entity) that is the target of U.S. sanctions, that is located in or ordinarily resident in a comprehensively sanctioned jurisdiction, or that is otherwise prohibited by applicable export-control or trade laws from receiving the Products.
2.4 Account Security. If account registration is required, you agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
3. Customer Representation and Warranty
By creating an account, completing the checkout attestation, and/or purchasing any Product, you represent, warrant, and covenant, on each occasion and as a material inducement to the Company to sell, that:
3.1 You are a consumer who is at least 21 years of age and are purchasing the Products for lawful personal use as dietary supplements;
3.2 You will use the Products solely as dietary supplements taken orally, consistent with the Product labeling and any directions for use, and for no unlawful purpose;
3.3 You have read and will follow the Product labeling, directions for use, and any cautions, and you understand that dietary supplements are not a substitute for professional medical advice;
3.4 You will consult a qualified healthcare professional before use if you are pregnant, nursing, taking medication, or have a medical condition, consistent with the DSHEA disclaimer in Section 1.2;
3.5 You will not resell the Products in a manner that violates applicable law or that misrepresents the Products; and
3.6 All information you provide regarding your age, identity, and intended use is true, accurate, and complete.
You acknowledge that the Company is relying on these representations and warranties and that they are a condition of sale. The Company reserves the right, in its sole discretion, to verify your eligibility, request documentation, and refuse, suspend, or cancel any order or account if it has reason to believe any representation is untrue or that the Products may be used contrary to these Terms.
4. Product Acknowledgment
You expressly acknowledge and agree that:
4.1 The responsibility for reviewing the Product labeling, directions for use, and ingredient information, and for determining whether a Product is appropriate for you, rests solely with you;
4.2 You have independently determined that the Products are suitable for your intended personal use and have not relied on any oral or written statement, representation, or recommendation by the Company except as expressly set forth in these Terms and in the Product labeling;
4.3 The Products are dietary supplements and are not intended to diagnose, treat, cure, or prevent any disease, and the Company has made no representation or warranty that any Product will produce any particular result;
4.4 You assume responsibility for your selection, storage, and use of the Products in compliance with applicable law and the Product labeling; and
4.5 You should consult a qualified healthcare professional before use if you are pregnant, nursing, taking medication, or have a medical condition.
5. Checkout Attestation
To complete any purchase, you must affirmatively check the attestation box at checkout. The exact attestation string is:
☐ "I certify that I am at least 21 years of age and am purchasing these products for my own lawful personal use. I understand and agree that the products sold by FlexRX LLC are dietary supplements formulated as oral thin strips; that they are NOT drugs and are not intended to diagnose, treat, cure, or prevent any disease; and that these statements have not been evaluated by the FDA. I understand I should consult a qualified healthcare professional before use if I am pregnant, nursing, taking medication, or have a medical condition, and I assume responsibility for my use of the products consistent with their labeling. I have read, understand, and agree to the Terms of Service, including the binding arbitration agreement, class-action waiver, indemnification, and limitation of liability."
5.1 Binding Effect. Checking this box and completing your purchase constitutes your electronic signature and creates a binding agreement under the federal E-SIGN Act and applicable state electronic-records law. A record of your attestation, including date, time, and account identifier, will be retained as evidence of your agreement.
5.2 Renewal of Representations. Each time you complete the attestation, you re-make all representations and warranties in Sections 1–4 as of the date of that purchase.
6. Personal Use, Resale, and Compliance
6.1 Personal Use. The Products are intended for lawful personal use as dietary supplements taken orally. You will use the Products consistent with the Product labeling and directions for use, and you will not use the Products in any manner that is unlawful.
6.2 No Unauthorized Resale or Relabeling. Except as expressly authorized in advance in writing by the Company, you will not repackage, relabel, or resell the Products in a manner that misrepresents the Products, removes required labeling, or violates applicable law. Any authorized resale must comply with all applicable dietary supplement labeling and marketing requirements, and you must pass through the applicable restrictions in these Terms to any downstream purchaser.
6.3 Product Integrity. You will not remove, alter, deface, or obscure any Product label, lot number, or required warning or disclosure.
6.4 Compliance with Law. You are solely responsible for compliance with all applicable laws governing your purchase, possession, and use of the Products, including the Federal Food, Drug, and Cosmetic Act and the Dietary Supplement Health and Education Act; export-control and sanctions laws; and all state and local equivalents. You will obtain any authorization required for your purchase, possession, or use of any Product in your jurisdiction.
6.5 Remedies for Breach. Any breach of this Section 6 is a material breach. The Company may immediately suspend or terminate your account, cancel pending orders, refuse future sales, report the conduct to applicable authorities, and pursue any remedy available at law or in equity. The Company has no obligation to refund Products in connection with a breach of this Section.
7. Storage and Assumption of Risk
7.1 Storage and Handling. You are responsible for storing and handling the Products in accordance with the Product labeling and any storage instructions, and for keeping the Products out of the reach of children and of any person for whom they are not intended.
7.2 ASSUMPTION OF RISK. YOU KNOWINGLY AND VOLUNTARILY ASSUME THE RISKS associated with the purchase, receipt, storage, and use of the Products as dietary supplements, including without limitation risks of adverse reactions or personal injury. You acknowledge that individual responses to dietary supplements vary, that the Company has made no representation that any Product will produce any particular result, and that dietary supplements are not a substitute for professional medical advice. You are responsible for consulting a qualified healthcare professional before use if you are pregnant, nursing, taking medication, or have a medical condition. This assumption of risk is a material part of the consideration for the sale.
7.3 Disclaimer of Warranties. EXCEPT FOR ANY LIMITED WARRANTY EXPRESSLY STATED IN WRITING BY THE COMPANY, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. The Company does not warrant that the Site will be uninterrupted, secure, or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so portions of this disclaimer may not apply to you.
8. Orders, Pricing, Payment, Shipping, and Returns
8.1 Order Acceptance. All orders are offers to purchase and are subject to acceptance by the Company. The Company may refuse, limit, or cancel any order, in whole or in part, for any lawful reason, including suspected unlawful use, suspected misrepresentation, pricing errors, or inability to verify your eligibility.
8.2 Pricing and Errors. Prices are stated in USD and are subject to change without notice. The Company is not bound by, and may correct, typographical or pricing errors, and may cancel affected orders even after confirmation.
8.3 Payment. You authorize the Company and its payment processors to charge your selected payment method for all amounts due, including Products, taxes, shipping, and any applicable fees. You represent that you are authorized to use the payment method provided.
8.4 Taxes. You are responsible for all applicable sales, use, and other taxes, except taxes on the Company's net income.
8.5 Shipping and Risk of Loss. Shipping timelines are estimates only. Title and risk of loss pass to you upon delivery to the carrier. You are responsible for providing accurate shipping information and for any duties or import requirements.
8.6 Returns. Due to the nature of the Products, returns are accepted only as expressly permitted by our Return Policy and, where allowed, within 14 days of delivery, subject to the conditions stated therein. Opened, used, or improperly stored Products are not returnable. The Company may decline returns where acceptance would be inconsistent with applicable health, safety, or consumable-product requirements.
9. Acceptable Use of the Site; Reviews; Endorsements
9.1 Acceptable Use. You will not use the Site to violate any law; to misrepresent your identity or status; to interfere with the Site's operation or security; to scrape, harvest, or reverse-engineer; or to post unlawful, infringing, or false content.
9.2 Reviews and Testimonials. Any review, testimonial, or rating you submit must reflect your honest, good-faith experience and must comply with the FTC Rule on the Use of Consumer Reviews and Testimonials (16 CFR Part 465). You may not submit fake, false, or misleading reviews, and you may not submit a review in exchange for compensation conditioned on its content. If you have any material connection to the Company (such as employment, affiliation, free product, or compensation), you must clearly and conspicuously disclose that connection in your review, consistent with the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR Part 255). You will not submit any review that claims a Product diagnoses, treats, cures, mitigates, or prevents any disease, or that otherwise represents a Product as a drug; the Company may decline to publish any such content. The Company does not suppress reviews based solely on their negative sentiment.
9.3 Affiliates and Material Connections. Where the Site, the Company's marketing, or any third-party promoter uses affiliate links or receives compensation for promoting the Products, such material connections will be disclosed clearly and conspicuously as required by 16 CFR Part 255.
10. Indemnification
10.1 Your Indemnity. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Company and its parents, subsidiaries, affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors (collectively, the "Indemnified Parties") from and against any and all claims, demands, suits, actions, proceedings, investigations, liabilities, damages, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees and costs) (collectively, "Losses") arising out of or relating to:
- (a) your breach of these Terms or any representation, warranty, or covenant herein, including the customer representations and the checkout attestation;
- (b) your purchase, possession, storage, use, transfer, or resale of any Product, including any use or consumption of a Product (by you or any person who obtains a Product through you);
- (c) your violation of any law or the rights of any third party;
- (d) any bodily injury, illness, death, or property or environmental damage connected to a Product after risk of loss has passed to you; and
- (e) any content you submit to the Site.
10.2 Defense. The Company may, at its option, assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate fully. You will not settle any matter affecting an Indemnified Party without the Company's prior written consent. This indemnity survives termination of these Terms and your account.
11. Limitation of Liability
11.1 Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE PRODUCTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE PRODUCTS WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNT YOU PAID TO THE COMPANY FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) $100.
11.3 Basis of the Bargain; Carve-Outs. The limitations in this Section 11 are a fundamental basis of the bargain between you and the Company and apply even if a limited remedy fails of its essential purpose. Nothing in these Terms limits liability that cannot be limited or excluded under applicable law (for example, certain statutory liabilities, or liability for fraud, gross negligence, or willful misconduct where non-waivable), and nothing in these Terms waives, limits, or defends against any governmental enforcement action, including by the FDA, DOJ, or any state attorney general. Some jurisdictions do not allow certain limitations, so portions of this Section may not apply to you.
12. Termination
12.1 The Company may suspend or terminate your access to the Site, cancel pending orders, and/or terminate these Terms at any time, with or without notice, for any reason, including suspected breach of these Terms. You may stop using the Site at any time. Any provision that by its nature should survive termination will survive, including Sections 1 (Nature of the Products), 2 (Eligibility representations), 3 (Customer Representation), 4 (Product Acknowledgment), 6 (Personal Use, Resale, and Compliance), 7 (Storage and Assumption of Risk), 9.2 (Reviews and Testimonials), 10 (Indemnification), 11 (Limitation of Liability), 13 (Arbitration and Class-Action Waiver), 14 (Governing Law and Venue), and 18 (General Provisions).
13. Binding Individual Arbitration and Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
13.1 Agreement to Arbitrate. You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Products (a "Dispute") will be resolved exclusively by final and binding individual arbitration, except as set out in Section 13.6. This Section is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).
13.2 Arbitration Procedure. The arbitration will be administered by the American Arbitration Association (AAA) under its then-current applicable rules (the "Rules"), as modified by these Terms. The arbitration will be conducted by a single neutral arbitrator. The seat and location of the arbitration will be Wilmington, Delaware, although you may elect to participate in any hearing by telephone or video, and the arbitrator may decide a Dispute on documents alone where the Rules permit. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
13.3 CLASS-ACTION WAIVER. YOU AND THE COMPANY 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and may proceed in court, while all other claims remain in arbitration. This Section 13.3 is not severable from the remainder of Section 13 except as expressly provided in this Section 13.3.
13.4 Mass-Filing Coordination. If 25 or more similar arbitration demands are filed by or with the assistance of the same or coordinated counsel, the parties agree such demands will be administered in staged batches to promote efficiency, as further described in the Rules or any applicable mass-arbitration protocol of the administrator.
13.5 Right to Opt Out. You may opt out of this arbitration agreement (Sections 13.1–13.4) by sending written notice of your decision to opt out to [email protected] or 9321 Fontainbleu Dr within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
13.6 Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property or confidential-information rights. Either party may also bring an action to compel arbitration or enforce an arbitration award.
13.7 Informal Resolution First. Before initiating arbitration, the parties agree to attempt to resolve the Dispute informally for at least 60 days after written notice of the Dispute is sent to the other party.
13.8 Fees. Payment of filing, administration, and arbitrator fees will be governed by the Rules, except that the Company will pay or reimburse such fees where required by law or the Rules to make this Section enforceable.
14. Governing Law and Venue
14.1 Governing Law. These Terms and any Dispute are governed by the laws of the State of NV, without regard to its conflict-of-laws principles, and, where applicable, by the Federal Arbitration Act and other federal law. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
14.2 Venue for Non-Arbitrable Matters. For any Dispute not subject to arbitration, you and the Company consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, NV, and waive any objection to such jurisdiction or venue, including on grounds of inconvenient forum.
15. Privacy and Communications
15.1 Privacy. Your use of the Site and the Products is also governed by our Privacy Policy, which describes how we collect, use, disclose, and protect personal information, provides the Notice at Collection, and explains your privacy rights under the California Consumer Privacy Act as amended by the CPRA and other applicable state privacy laws, including your rights to know, access, delete, correct, opt out of the sale or sharing of personal information, limit the use and disclosure of sensitive personal information, appeal a denied request, and not be discriminated or retaliated against for exercising your rights. We honor recognized opt-out preference signals, including the Global Privacy Control (GPC), and provide a "Do Not Sell or Share My Personal Information" / "Your Privacy Choices" mechanism as required by law.
15.2 Email Communications (CAN-SPAM). By providing your email address, you consent to receive transactional messages relating to your account and orders. Marketing emails are sent only consistent with applicable law and your preferences. Every commercial email identifies the sender, accurately reflects the originating address and subject matter, includes our valid physical postal address (9321 Fontainbleu Dr), and provides a clear and conspicuous, working unsubscribe mechanism. We honor unsubscribe requests within 10 business days and do not require any fee, information beyond an email address, or any step other than sending a reply or visiting a single web page to opt out, as required by the CAN-SPAM Act (15 U.S.C. § 7704). Unsubscribing from marketing email does not stop transactional messages necessary to complete or service your transactions.
15.3 SMS Communications (if offered). If you opt in to text messages, message and data rates may apply; reply STOP to opt out and HELP for help. Your mobile consent and opt-out are handled consistent with applicable law and the carrier-approved program terms disclosed at opt-in.
16. Accessibility
16.1 The Company is committed to making the Site accessible and endeavors to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and to provide reasonable accommodations consistent with the Americans with Disabilities Act. If you encounter an accessibility barrier, contact [email protected] or [email protected] so we can assist and work to remediate the issue.
17. Changes to These Terms
17.1 Right to Modify. The Company may modify these Terms at any time. When we do, we will revise the "Effective Date," "Version," and "Last Updated" fields at the top of this document and, where required by law or where changes are material, provide additional notice (for example, by email or an on-Site notice).
17.2 Effect of Changes. Changes are effective as of the stated Effective Date. Your continued access to the Site or purchase of Products after the Effective Date constitutes your acceptance of the modified Terms. Each purchase is governed by the version of these Terms in effect at the time of that purchase, a record of which is retained with your attestation. If you do not agree to the modified Terms, you must stop using the Site.
17.3 Prior Versions. Prior versions of these Terms are available upon request at [email protected].
18. General Provisions
18.1 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it will be severed, and the remaining provisions will continue in full force and effect. The class-action waiver in Section 13.3 is governed by its own non-severability rule stated in that Section.
18.2 Entire Agreement. These Terms, together with the Privacy Policy, the Return Policy, and any order-specific terms expressly agreed in writing, constitute the entire agreement between you and the Company regarding the subject matter and supersede all prior or contemporaneous understandings.
18.3 No Waiver. The Company's failure to enforce any provision is not a waiver of its right to do so later. No waiver is effective unless in writing.
18.4 Assignment. You may not assign or transfer these Terms or any rights hereunder without the Company's prior written consent. The Company may freely assign these Terms. These Terms bind and benefit the parties and their permitted successors and assigns.
18.5 Force Majeure. The Company is not liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, labor disputes, supply-chain disruptions, governmental action, or carrier delays.
18.6 Relationship of the Parties. Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and the Company.
18.7 No Third-Party Beneficiaries. Except for the Indemnified Parties (who are intended beneficiaries of Sections 7, 10, and 11), these Terms create no third-party beneficiary rights.
18.8 Notices. Legal notices to the Company must be sent to 9321 Fontainbleu Dr, Attn: Legal Department, with a copy to [email protected]. We may provide notices to you by email, by posting on the Site, or by other reasonable means.
18.9 Headings; Interpretation. Headings are for convenience only. "Including" means "including without limitation."
19. Contact
FlexRX LLC 9321 Fontainbleu Dr Email: [email protected] 310-779-4996