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Terms and Conditions

5th Element
Effective Date: May 11, 2026

1OVERVIEW

These Terms and Conditions (“Agreement”) govern all purchases, use of products, services, consultations, and interactions with 5th Element. By purchasing, accessing, or using any of our products or services, you (“Client,” “Customer,” or “Provider”) agree to be bound by this Agreement.

2NATURE OF PRODUCTS

2.1 Research / Wellness Use Only (if applicable)

Certain products offered by 5th Element may be labeled for Research Use Only (RUO) or non-FDA-approved applications. These products:

  • Are not intended to diagnose, treat, cure, or prevent any disease
  • Must only be used in accordance with applicable laws and regulations

2.2 Provider Responsibility

If purchased by or through a licensed provider:

  • The provider assumes full responsibility for patient evaluation, prescribing decisions, and administration
  • 5th Element does not practice medicine and does not provide medical advice

3ELIGIBILITY

3.1 You must be:

  • At least 18 years of age
  • Legally authorized to purchase and use the products

3.2 For B2B / provider purchases:

  • You must provide valid licensing credentials if required
  • We reserve the right to verify and reject any order

4ORDERING & PAYMENT

4.1 Order Acceptance

All orders are subject to acceptance and availability. We reserve the right to cancel or refuse any order at our discretion.

4.2 Pricing

Prices are subject to change without notice. B2B and retail pricing may differ.

4.3 Payment Terms

Payment is due at the time of purchase unless otherwise agreed. For approved accounts, invoicing terms may apply.

5SHIPPING & DELIVERY

5.1 Processing Time

Orders are typically processed within [1–3 business days].

5.2 Delivery

Shipping timelines are estimates and not guaranteed. Risk of loss transfers to the customer upon shipment.

5.3 Cold Chain / Sensitive Products

Customer is responsible for proper storage upon delivery. We are not liable for improper handling after delivery.

6NO RETURNS / REFUNDS POLICY

All sales are final.

Due to the nature of our products, no returns or refunds unless:

  • Product arrives damaged
  • Incorrect item was shipped

Claims must be made within 48 hours of delivery.

7PRODUCT DISCLAIMER

7.1 No Medical Claims

5th Element makes no guarantees regarding outcomes. Any product descriptions are for informational purposes only.

7.2 Use at Own Risk

Customer assumes all risk associated with use, handling, and storage.

8COMPLIANCE & LEGAL USE

8.1 You agree not to use products in violation of any federal, state, or local laws, or to resell products in unauthorized or misleading ways.

8.2 You acknowledge responsibility for ensuring compliance with FDA, DEA, and state regulations.

9LIMITATION OF LIABILITY

To the fullest extent permitted by law, 5th Element shall not be liable for:

  • Indirect, incidental, or consequential damages
  • Loss of profits, business, or data

Maximum liability is limited to the amount paid for the product.

10INDEMNIFICATION

You agree to indemnify and hold harmless 5th Element, its owners, employees, and affiliates from any claims arising from misuse of products, violation of laws, or improper medical/research application.

11Intellectual Property

All content and branding are the property of 5th Element and may not be used without written consent.

12Privacy

Customer data is handled in accordance with our Privacy Policy. We implement reasonable safeguards but do not guarantee absolute security.

13Termination

We reserve the right to refuse service or terminate accounts at our sole discretion, especially in cases of suspected misuse.

14Governing Law

This Agreement shall be governed by the laws of the State of Florida, without regard to conflict of law principles.

15Dispute Resolution

Any disputes shall be resolved through binding arbitration in Florida. Each party bears its own legal costs.

16Modifications

We reserve the right to update these Terms at any time. Continued use constitutes acceptance of the updated terms.

17CONTACT INFORMATION

5th Element LLC

11050 Wiles Road, Suite 102, Coral Springs, FL, 33076

18. ACKNOWLEDGMENT

By purchasing or using our products/services, you confirm that you have read and understood these Terms and agree to be legally bound by them.

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