AIRMID NUTRACEUTICALS, LLC

WEBSITE TERMS OF USE AND TERMS OF SALE

Effective Date: 07/22/2026

These Website Terms of Use and Terms of Sale (“Terms”) constitute a legally binding agreement between you and Airmid Nutraceuticals, LLC, doing business through the Systemeta brand (“Airmid,” “Systemeta,” “Company,” “we,” “us,” or “our”).

These Terms govern:

  1. Your access to and use of https://www.airmidnutraceuticals.com/, including its content, features, accounts, communications, and services (collectively, the “Site”); and

  2. Your purchase, possession, and use of Systemeta products and any other products offered by Airmid Nutraceuticals through the Site (collectively, the “Products”).

By accessing the Site, creating an account, placing an order, clicking a button indicating acceptance, or purchasing or using a Product, you acknowledge that you have read, understood, and agreed to these Terms.

If you do not agree to these Terms, do not access the Site, place an order, or use the Products.

IMPORTANT NOTICE

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE:

  • A FINAL-SALE AND LIMITED-REFUND POLICY;

  • IMPORTANT HEALTH AND PRODUCT-USE WARNINGS;

  • DISCLAIMERS OF WARRANTIES;

  • LIMITATIONS OF LIABILITY;

  • AN INDIVIDUAL ARBITRATION AGREEMENT;

  • A CLASS-ACTION WAIVER; AND

  • A WAIVER OF THE RIGHT TO A JURY TRIAL.

YOUR PURCHASE OF A PRODUCT CONSTITUTES YOUR EXPRESS AGREEMENT THAT, EXCEPT AS EXPRESSLY PROVIDED BELOW OR REQUIRED BY APPLICABLE LAW, ALL SALES ARE FINAL.

1. ELIGIBILITY

The Site and Products are intended for adults who are at least eighteen years old and legally capable of entering into a binding agreement.

By using the Site or purchasing a Product, you represent and warrant that:

  1. You are at least eighteen years old;

  2. You have the legal capacity to accept these Terms;

  3. The information you provide is accurate and complete;

  4. You are purchasing Products for lawful personal use; and

  5. Your use of the Site and Products will comply with applicable laws and regulations.

The Products are not intended for use by children unless the Product label expressly permits such use and the use has been discussed with an appropriately qualified healthcare professional.

2. UNITED STATES MARKET

Unless expressly stated otherwise, the Site and Products are directed to customers located within the United States.

We make no representation that the Products, Site, claims, labeling, or other materials are appropriate, lawful, or available in other countries or jurisdictions.

You are responsible for determining whether purchasing, importing, possessing, or using a Product is lawful in your location.

We may refuse, restrict, or cancel orders from particular locations at our discretion or when necessary to comply with applicable law, shipping restrictions, supplier limitations, or regulatory requirements.

3. DIETARY SUPPLEMENT AND FDA DISCLAIMER

Systemeta Products are dietary supplements or nutraceutical products intended to supplement the diet.

Unless expressly identified otherwise, the Products are not drugs, medical devices, biological products, or FDA-approved therapies.

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.

Nothing on the Site, Product packaging, social media, educational materials, emails, videos, testimonials, articles, research discussions, or other Company communications should be interpreted as representing that a Product is approved by the FDA or legally intended to diagnose, treat, mitigate, cure, or prevent a disease.

4. NOT MEDICAL ADVICE OR MEDICAL CARE

The Site and Products are not substitutes for:

  • Medical advice;

  • Diagnosis;

  • Medical treatment;

  • Prescription medication;

  • Emergency medical care;

  • Clinical monitoring;

  • A physician-patient relationship;

  • FDA-approved treatment;

  • Counseling from a licensed healthcare professional; or

  • Any treatment plan recommended by your healthcare team.

Airmid does not practice medicine through the Site and does not provide medical, pharmaceutical, nursing, nutritional, psychological, genetic, or other licensed professional services.

No communication from Airmid creates a physician-patient, clinician-patient, therapist-patient, pharmacist-patient, fiduciary, or other professional healthcare relationship.

Do not disregard, discontinue, postpone, replace, or modify medical treatment because of information appearing on the Site or because you have purchased or used a Product.

You remain solely responsible for your healthcare decisions and for consulting appropriately qualified healthcare professionals.

5. NO GUARANTEE OF RESULTS OR BIOLOGICAL OUTCOMES

Individual responses to nutritional products vary.

Airmid makes no promise, representation, warranty, or guarantee that any Product will:

  • Improve any disease, condition, symptom, disability, injury, deficiency, biological problem, laboratory result, biomarker, pathway, gene, gene-expression pattern, signaling pathway, inflammatory state, cognitive state, neurological state, metabolic state, immune state, hormonal state, or other biological characteristic;

  • Produce a particular physical, mental, emotional, metabolic, molecular, genetic, epigenetic, cellular, or functional result;

  • Work within a particular period;

  • Work in every individual;

  • Prevent the progression or recurrence of any condition;

  • Replace an FDA-approved therapy;

  • Eliminate the need for medical care; or

  • Produce the same experience or outcome described by another customer, researcher, patient, clinician, testimonial provider, or study participant.

The absence of a desired result does not make a Product defective and does not create a right to a refund.

Customer experiences, testimonials, case reports, research summaries, mechanistic discussions, animal studies, laboratory studies, preliminary findings, and educational materials are not guarantees that you will experience the same or similar results.

6. PRODUCT SAFETY AND INDIVIDUAL VARIATION

The Products are formulated for use according to their respective labels. However, no dietary supplement or ingested substance can be guaranteed to be free of risk for every person.

Individual responses may vary because of factors including:

  • Allergies or sensitivities;

  • Genetics;

  • Age;

  • Body size;

  • Diet;

  • Medical conditions;

  • Pregnancy or breastfeeding;

  • Prescription or nonprescription medications;

  • Other supplements;

  • Alcohol or substance use;

  • Surgery;

  • Organ function;

  • Ingredient interactions; and

  • Differences in metabolism or biological response.

A lack of previously reported reactions does not guarantee that a reaction cannot occur in a particular individual.

You assume responsibility for reviewing the complete ingredient list and deciding, with professional guidance where appropriate, whether a Product is suitable for you.

7. BEGINNING USE CAUTIOUSLY

Always follow the directions and maximum serving limits appearing on the applicable Product label.

When permitted by the Product directions, users should consider introducing Products cautiously, beginning with the lowest suggested serving, and introducing one Product at a time so that individual tolerance can be more readily evaluated.

Do not:

  • Exceed the labeled serving;

  • Combine Products in a manner contrary to their labels;

  • Open, divide, crush, or modify capsules unless the label permits it;

  • Use a Product after its expiration date;

  • Use a Product if the safety seal is missing, damaged, or appears altered;

  • Use a Product that has been improperly stored;

  • Give a Product to another person without allowing that person to review the label and warnings; or

  • Assume that a Product is appropriate for you merely because another person tolerated it.

Beginning with a smaller serving does not eliminate the possibility of a serious allergic reaction or other adverse reaction.

8. ALLERGIC REACTIONS AND ANAPHYLAXIS

Any ingredient may cause an allergic or hypersensitivity reaction in a susceptible individual, including an ingredient that the individual has not previously consumed or does not know they are sensitive to.

Stop using the Product immediately if you experience an unexpected reaction.

Symptoms such as difficulty breathing, wheezing, swelling of the face, lips, mouth, tongue, or throat, fainting, severe dizziness, rapidly spreading hives, or other signs of a potentially serious allergic reaction may require emergency treatment.

If you experience signs of anaphylaxis or another medical emergency, call 911 or seek emergency medical care immediately. Do not rely on the Company, the Site, email, social media, or customer service for emergency medical assistance.

Airmid does not guarantee that cautious introduction, reduced initial use, or prior tolerance of individual ingredients will prevent an allergic reaction.

9. CONSULTING A HEALTHCARE PROFESSIONAL

Consult an appropriately qualified healthcare professional before using a Product, particularly if you:

  • Have a diagnosed or suspected medical condition;

  • Take prescription or nonprescription medication;

  • Use other dietary supplements;

  • Have known allergies or a history of serious allergic reactions;

  • Are pregnant, attempting to become pregnant, or breastfeeding;

  • Are preparing for surgery;

  • Have impaired liver, kidney, cardiovascular, neurological, endocrine, metabolic, or immune function;

  • Have experienced unusual reactions to foods, medications, or supplements;

  • Are under active medical treatment; or

  • Have been advised to limit or avoid any Product ingredient.

You are responsible for telling your healthcare providers about all Products and ingredients you use.

A healthcare professional’s knowledge of a Product does not constitute an endorsement, approval, or guarantee by Airmid.

10. PRODUCT INFORMATION AND SCIENTIFIC CONTENT

We attempt to provide useful and accurate Product information. However, nutritional and biological science evolves, and Product information may be incomplete, preliminary, subject to interpretation, or later revised.

Content discussing mechanisms, pathways, research findings, ingredients, biology, molecular science, or emerging scientific theories is provided for general educational purposes.

Unless expressly stated otherwise, such content:

  • Does not establish clinical effectiveness;

  • Does not establish that a Product has been clinically tested for a particular use;

  • Does not constitute personalized medical advice;

  • Does not guarantee that an observed laboratory mechanism will occur in a human user;

  • Does not guarantee that a biological mechanism will produce a meaningful health outcome; and

  • Should not be used independently to make treatment decisions.

We may correct, revise, expand, remove, or update Product descriptions, scientific materials, directions, warnings, ingredient information, or other Site content at any time.

11. PRODUCT LABEL CONTROLS

You must read the Product label before use.

If information on the Site differs from the physical Product label, the physical Product label and any accompanying written instructions control unless Airmid has issued a formal recall, correction, or safety notice.

Contact us before use if:

  • The Product received differs from the Product ordered;

  • The ingredient list differs materially from the listing you reviewed;

  • The label is illegible;

  • The safety seal is missing or damaged;

  • The bottle or packaging is leaking or broken;

  • The Product appears contaminated or altered; or

  • You have questions concerning the applicable directions.

12. ORDERS

Submitting an order is an offer to purchase Products subject to these Terms.

We may accept, reject, limit, suspend, or cancel an order for reasons including:

  • Product unavailability;

  • Suspected fraud;

  • Pricing or listing errors;

  • Payment problems;

  • Shipping restrictions;

  • Quantity limitations;

  • Suspected resale;

  • Regulatory concerns;

  • Supplier or fulfillment issues;

  • Safety concerns; or

  • Violation of these Terms.

An automated confirmation does not necessarily constitute final acceptance of an order.

If we cancel an order before shipment, we will refund amounts actually collected for the canceled Products.

We may impose purchase limits on particular Products, households, customers, payment methods, or addresses.

13. PRICING, PAYMENT, AND TAXES

Prices are displayed in United States dollars unless stated otherwise.

Prices, availability, promotions, and Product configurations may change without notice before an order is submitted.

You authorize Airmid and its payment processors to charge:

  • The Product price;

  • Applicable shipping and handling charges;

  • Applicable sales, use, excise, or similar taxes; and

  • Any other amounts clearly disclosed before checkout.

You represent that you are authorized to use the payment method submitted.

You are responsible for ensuring that payment, billing, shipping, and contact information is accurate.

We may correct pricing, typographical, calculation, or listing errors. If a material pricing error affects an order that has not shipped, we may cancel the order and refund the amount collected.

14. FINAL-SALE POLICY

14.1 General Rule

Except as expressly provided in this Section or required by applicable law, all Product sales are final, nonreturnable, nonexchangeable, and nonrefundable.

This temporary final-sale policy reflects the Company’s current fulfillment, staffing, quality-control, safety, and return-processing infrastructure.

By completing a purchase, you expressly acknowledge and agree that you will not be entitled to a return, exchange, store credit, or refund merely because:

  • You changed your mind;

  • You ordered the wrong Product;

  • You failed to review the ingredients;

  • You no longer want or need the Product;

  • You disliked the taste, smell, texture, appearance, packaging, or experience;

  • You did not use the Product;

  • You did not experience a desired benefit;

  • The Product did not improve a condition, symptom, biomarker, or biological concern;

  • You experienced an individual sensitivity or intolerance not caused by Product contamination or a manufacturing defect;

  • Your physician or another person later advised you not to use the Product;

  • You ordered more Product than needed;

  • You failed to provide a correct address;

  • You were unavailable to receive the shipment; or

  • A third party used or discarded the Product.

The absence of a desired result is not evidence that the Product is defective.

14.2 Damaged, Defective, Contaminated, or Incorrect Products

Airmid will review a request involving a Product that was:

  • Materially damaged before or during delivery;

  • Leaking or broken upon delivery;

  • Delivered with a materially compromised safety seal;

  • Expired when delivered;

  • Visibly contaminated or materially altered when delivered;

  • Incorrectly manufactured;

  • Different from the Product ordered; or

  • Otherwise materially defective because of an act or omission attributable to Airmid, its manufacturer, its Product supplier, its fulfillment provider, or its shipping carrier.

You must notify us at info@airmidnutraceuticals.com within seven calendar days after confirmed delivery or, for a latent defect that could not reasonably have been discovered within seven days, promptly after discovery.

Your notice must include, where reasonably available:

  1. Your name;

  2. Your order number;

  3. The Product name;

  4. The lot or batch number;

  5. A description of the problem;

  6. Clear photographs or video of the Product, label, seal, packaging, and shipping container; and

  7. Any other information reasonably requested for quality-control purposes.

Do not discard the Product or packaging until we instruct you to do so, unless retaining it would present a health or safety risk.

After reviewing the request, Airmid may, at its discretion:

  • Replace the affected Product;

  • Refund the purchase price of the affected Product;

  • Issue store credit where accepted by the customer;

  • Request return or disposal of the Product;

  • Refer the matter to the manufacturer, fulfillment provider, carrier, or regulator; or

  • Deny the request when the evidence does not demonstrate a qualifying issue.

Any approved refund or replacement is limited to the affected Product unless applicable law requires otherwise.

14.3 Unshipped and Legally Required Refunds

The final-sale policy does not permit Airmid to retain payment for Products that are never shipped or to deny any cancellation or refund that must be offered under applicable law.

When applicable law requires us to offer cancellation because of a shipping delay, inability to fulfill an order, recall, or other circumstance, we will provide the required option.

14.4 Rights That Cannot Be Waived

Nothing in these Terms limits a customer right or remedy that cannot lawfully be waived.

15. SHIPPING AND DELIVERY

Shipping and delivery dates are estimates unless expressly identified as guaranteed.

Delivery may be affected by:

  • Carrier delays;

  • Weather;

  • Natural disasters;

  • Supply interruptions;

  • Labor disruptions;

  • Customs;

  • Incorrect addresses;

  • Security reviews;

  • Regulatory actions;

  • High order volumes; or

  • Events beyond our reasonable control.

You are responsible for providing a complete and accurate delivery address.

We are not responsible for delays or losses caused by an incorrect or incomplete address supplied by you, subject to applicable law.

If tracking information states that a shipment was delivered but you cannot locate it, you must promptly contact the carrier and notify us.

We may require delivery confirmation, identification, or a signature for certain orders.

Risk of loss and title pass as provided by applicable law and the applicable shipping arrangement.

16. STORAGE AND PRODUCT INTEGRITY

You are responsible for storing Products in accordance with their labels.

Exposure to excessive heat, freezing temperatures, sunlight, moisture, contamination, or other improper conditions may affect Product integrity.

Airmid is not responsible for deterioration or damage occurring after delivery because of:

  • Improper storage;

  • Leaving a Product in a vehicle;

  • Exposure to weather;

  • Transfer into another container;

  • Failure to close the original packaging;

  • Tampering;

  • Mixing with another substance; or

  • Use after expiration.

Do not use a Product if you reasonably suspect tampering, contamination, deterioration, or improper storage.

17. PRODUCT COMPLAINTS AND ADVERSE EVENTS

Product-quality complaints and reports of adverse experiences should be sent to:

Airmid Nutraceuticals, LLC
5013 S Louise Ave
Sioux Falls, SD 57108
Email: info@airmidnutraceuticals.com

For emergencies, contact emergency medical services rather than Airmid.

When reporting an adverse event, you may be asked to provide:

  • Contact information;

  • Product name;

  • Lot or batch number;

  • Serving used;

  • Dates of use;

  • Description and timing of the event;

  • Other medications or supplements used;

  • Relevant medical history;

  • Healthcare-provider information; and

  • Permission to seek additional information.

We may retain, investigate, and disclose Product-complaint and adverse-event information to our manufacturer, suppliers, insurers, consultants, healthcare professionals, legal advisers, government agencies, or regulators when reasonably necessary or legally required.

Submitting a report does not constitute an admission that the Product caused the reported event.

18. RECALLS AND SAFETY NOTICES

Airmid may initiate or participate in a Product withdrawal, correction, market action, safety notice, or recall.

You agree to review communications sent to the email address or telephone number associated with your order.

If instructed to stop using, quarantine, dispose of, or return a Product, you agree to follow the instructions promptly.

The remedy provided in connection with a recall or regulatory action will be governed by the applicable recall notice and applicable law.

19. NO RESALE OR COMMERCIAL REDISTRIBUTION

Products purchased through the Site are for personal or household use unless Airmid has entered into a separate written wholesale, clinical, professional, distribution, or reseller agreement with you.

Without our written authorization, you may not:

  • Resell Products;

  • List Products on Amazon, eBay, Walmart Marketplace, Facebook Marketplace, or another third-party marketplace;

  • Export Products for resale;

  • Repackage or relabel Products;

  • Remove lot numbers or safety information;

  • Separate Products from their original packaging;

  • Make unauthorized claims concerning the Products;

  • Represent yourself as an authorized distributor, clinician, researcher, or agent of Airmid; or

  • Use Airmid’s trademarks or materials to advertise unauthorized sales.

We may cancel suspected reseller orders and take reasonable steps to protect Product quality, customer safety, brand integrity, and authorized distribution channels.

20. ACCOUNTS AND ACCOUNT SECURITY

Certain Site features may require an account.

You are responsible for:

  • Protecting account credentials;

  • Providing accurate information;

  • Keeping information current;

  • Restricting access to your devices; and

  • Promptly notifying us of suspected unauthorized activity.

You are responsible for activity conducted through your account unless prohibited by law.

We may suspend or terminate accounts associated with fraud, abuse, unauthorized resale, chargeback fraud, unlawful conduct, security threats, or violations of these Terms.

21. LIMITED SITE LICENSE

Subject to these Terms, Airmid grants you a limited, personal, revocable, nonexclusive, nontransferable license to access and use the Site for lawful personal and noncommercial purposes.

This license does not transfer ownership of any Site content or intellectual property.

You may not use the Site or its content to develop, train, validate, market, or improve a competing product, service, model, database, formulation, protocol, or commercial offering without written authorization.

22. INTELLECTUAL PROPERTY

The Site and its contents, including Product names, formulations as disclosed, text, graphics, logos, icons, images, photography, videos, designs, packaging, trade dress, research summaries, educational materials, diagrams, software, code, data compilations, and other materials, are owned by or licensed to Airmid and are protected by applicable intellectual-property laws.

“Airmid,” “Systemeta,” associated Product names, logos, taglines, and designs are trademarks or claimed trademarks of Airmid Nutraceuticals, LLC.

Except as expressly permitted in writing, you may not:

  • Copy;

  • Reproduce;

  • Republish;

  • Distribute;

  • Sell;

  • License;

  • Modify;

  • Translate;

  • Scrape;

  • Extract;

  • Reverse engineer;

  • Create derivative works from;

  • Commercially exploit; or

  • Remove ownership notices from

the Site, Product materials, or Company intellectual property.

23. USER CONTENT, REVIEWS, AND TESTIMONIALS

If you submit a review, comment, photograph, video, testimonial, suggestion, or other content (“User Content”), you represent that:

  1. You created it or have authority to submit it;

  2. It is truthful and based on your genuine experience;

  3. It does not violate another person’s rights;

  4. It does not contain unlawful or deceptive statements;

  5. It does not falsely claim that a Product diagnoses, treats, cures, mitigates, or prevents disease;

  6. It does not falsely represent guaranteed or typical results; and

  7. You have disclosed any material relationship, compensation, discount, free Product, or other incentive connected with the content.

You grant Airmid a nonexclusive, worldwide, royalty-free, transferable, sublicensable license to host, reproduce, modify for formatting or length, publish, display, distribute, and use submitted User Content in connection with the Company’s business, subject to applicable law and our Privacy Policy.

We may remove, decline, moderate, or request substantiation for User Content.

Airmid’s publication of User Content does not constitute an endorsement or verification of every statement within it.

24. PROHIBITED CONDUCT

You may not:

  • Use the Site unlawfully;

  • Attempt unauthorized access;

  • Introduce malware or harmful code;

  • Interfere with Site operation;

  • Scrape or harvest data without permission;

  • Impersonate another person;

  • Submit fraudulent orders;

  • Use stolen payment information;

  • Circumvent purchasing limits;

  • Engage in unauthorized resale;

  • Make false complaints or fraudulent refund requests;

  • Abuse chargeback procedures;

  • Use Company content to make unauthorized medical or disease claims;

  • Falsely imply endorsement by Airmid;

  • Harass Company personnel or other users; or

  • Use the Site in a manner that threatens safety, security, integrity, or lawful operations.

Nothing in this section prevents you from exercising a legitimate legal, payment-card, warranty, safety-reporting, whistleblower, or consumer-protection right.

25. THIRD-PARTY SERVICES AND LINKS

The Site may contain links to or integrations with third-party websites, payment processors, shipping carriers, research resources, social networks, or other services.

Airmid does not control and is not responsible for third-party content, security, privacy, availability, representations, or business practices.

A link does not necessarily constitute endorsement.

Your use of a third-party service is governed by that third party’s terms and policies.

26. PRIVACY

Our collection and use of personal information is governed by our Privacy Policy, available at [PRIVACY POLICY URL].

Product complaints and adverse-event reports may involve health-related information. We will handle such information as described in our Privacy Policy and as necessary to investigate complaints, protect safety, comply with legal obligations, and communicate with manufacturers, insurers, advisers, or regulators.

Airmid is not necessarily a healthcare provider, health plan, healthcare clearinghouse, or business associate regulated by the Health Insurance Portability and Accountability Act merely because a customer submits health information.

Do not submit information you are not authorized to disclose.

27. ELECTRONIC COMMUNICATIONS

By using the Site, providing contact information, or placing an order, you consent to receive transactional communications electronically, including:

  • Order confirmations;

  • Shipping notices;

  • Product updates;

  • Recall notices;

  • Safety communications;

  • Terms updates;

  • Account notices; and

  • Customer-service messages.

You are responsible for maintaining a valid email address and reviewing communications related to your purchase.

Marketing communications are governed by applicable consent requirements and may be unsubscribed from using the instructions provided in the applicable communication.

28. PROMOTIONS AND DISCOUNTS

Promotions, coupon codes, introductory offers, gifts, and discounts may be subject to additional conditions.

Unless stated otherwise:

  • Promotions cannot be combined;

  • Promotions have no cash value;

  • Promotions may be changed or ended before an order is submitted;

  • Promotions may be limited by Product, date, quantity, customer, or location; and

  • Promotions do not apply retroactively.

We may cancel orders involving fraudulent, unauthorized, duplicated, or manipulated promotions.

29. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, SITE CONTENT, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

AIRMID DISCLAIMS ALL WARRANTIES NOT EXPRESSLY PROVIDED IN WRITING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, AIRMID DOES NOT WARRANT THAT:

  • THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;

  • SITE CONTENT WILL ALWAYS BE COMPLETE OR CURRENT;

  • A PRODUCT WILL BE APPROPRIATE FOR A PARTICULAR PERSON;

  • A PRODUCT WILL PRODUCE A PARTICULAR RESULT;

  • A PRODUCT WILL IMPROVE A CONDITION OR BIOLOGICAL FUNCTION;

  • A PRODUCT WILL BE FREE OF ALL SIDE EFFECTS OR INDIVIDUAL REACTIONS; OR

  • EDUCATIONAL OR SCIENTIFIC CONTENT WILL APPLY TO A PARTICULAR INDIVIDUAL.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THESE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS DISCLAIMS AN EXPRESS WRITTEN WARRANTY THAT AIRMID IS LEGALLY REQUIRED TO HONOR OR A RIGHT THAT CANNOT LAWFULLY BE WAIVED.

30. ASSUMPTION OF RISK

By purchasing or using a Product, you acknowledge that:

  1. Individual biological responses cannot be predicted with certainty;

  2. Allergies, sensitivities, intolerances, and interactions may occur;

  3. Dietary supplements are not substitutes for medical treatment;

  4. You are responsible for reviewing ingredients and warnings;

  5. You are responsible for following the label;

  6. You are responsible for seeking appropriate professional advice;

  7. You are responsible for discontinuing use and seeking care when appropriate; and

  8. A desired outcome is not guaranteed.

To the maximum extent permitted by law, you voluntarily accept the ordinary and disclosed risks associated with choosing to use a Product.

This section does not waive liability that cannot legally be waived.

31. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIRMID AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, MANUFACTURERS, SUPPLIERS, FULFILLMENT PROVIDERS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIRMID’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO A PRODUCT, ORDER, THE SITE, OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

  1. THE AMOUNT YOU PAID AIRMID FOR THE SPECIFIC PRODUCT OR ORDER GIVING RISE TO THE CLAIM; OR

  2. ONE HUNDRED UNITED STATES DOLLARS.

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, AND EVEN IF AIRMID WAS ADVISED THAT DAMAGES WERE POSSIBLE.

Nothing in these Terms excludes or limits liability to the extent it cannot lawfully be excluded or limited, including liability that applicable law imposes for fraud, willful misconduct, gross negligence, or certain personal-injury, consumer-protection, or product-liability claims.

32. INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Airmid and its members, managers, officers, employees, affiliates, contractors, licensors, suppliers, manufacturers, fulfillment providers, and agents from claims, liabilities, damages, losses, judgments, penalties, expenses, and reasonable attorneys’ fees arising from:

  • Your unlawful use of the Site;

  • Your violation of these Terms;

  • Your unauthorized resale, relabeling, alteration, or distribution of a Product;

  • Claims or representations you make about a Product without authorization;

  • Your infringement of another person’s intellectual-property or privacy rights;

  • Fraudulent conduct;

  • User Content you submit; or

  • Your use of a Product contrary to its label or after unauthorized alteration.

This obligation does not require you to indemnify Airmid for liability caused solely by Airmid’s own conduct where such indemnification is prohibited by law.

33. INFORMAL DISPUTE RESOLUTION

Before initiating arbitration or litigation, the party asserting a dispute must send a written notice describing:

  1. The claimant’s name and contact information;

  2. The applicable order number;

  3. The nature and factual basis of the dispute;

  4. The requested relief; and

  5. Supporting documentation.

Notices to Airmid must be sent to:

Airmid Nutraceuticals, LLC.

The parties will attempt in good faith to resolve the dispute for at least thirty days after receipt of the notice.

This requirement does not prevent either party from seeking emergency injunctive relief where necessary to prevent immediate and irreparable harm.

34. BINDING INDIVIDUAL ARBITRATION

Except for matters eligible for small-claims court and requests for temporary or emergency injunctive relief, any dispute arising from or relating to the Site, a Product, an order, these Terms, or the relationship between you and Airmid will be resolved through final and binding individual arbitration rather than in court.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Arbitration will be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules, as modified by these Terms.

The arbitration may be conducted by video, telephone, written submissions, or in person as determined under the applicable rules.

The arbitrator may award any individual remedy that would be available in court, but may not consolidate claims or preside over a representative or class proceeding.

Judgment on the arbitration award may be entered in any court with jurisdiction.

If the arbitration administrator will not administer the arbitration under these Terms, the parties will select another mutually acceptable administrator or request that a court appoint one.

35. CLASS-ACTION AND JURY-TRIAL WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND AIRMID AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY.

NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION.

UNLESS BOTH PARTIES AGREE IN WRITING, AN ARBITRATOR MAY NOT COMBINE THE CLAIMS OF MORE THAN ONE PERSON.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND AIRMID EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

36. ARBITRATION OPT-OUT

You may opt out of the arbitration agreement and class-action waiver by sending written notice within thirty days after the date you first accept these Terms.

The notice must include:

  • Your full name;

  • Mailing address;

  • Email address used for your order or account;

  • A clear statement that you are opting out of arbitration; and

  • Your signature.

Send the notice to:

Airmid Nutraceuticals, LLC
5013 S Louise Ave
Sioux Falls, SD 57108
Email: info@airmidnutraceuticals.com

Opting out of arbitration will not affect the remaining provisions of these Terms.

37. GOVERNING LAW AND VENUE

Except where federal law applies or applicable law requires otherwise, these Terms are governed by the laws of the State of SD & Delaware, without regard to conflict-of-law principles.

Any dispute not subject to arbitration must be brought exclusively in the state or federal courts located in those locations and where applicable where the representation of Airmid outside of those locations resides, and each party consents to personal jurisdiction and venue in those courts.

Applicable consumer-protection rights in your state of residence remain effective to the extent they cannot lawfully be waived.

38. TIME LIMIT FOR CLAIMS

To the maximum extent permitted by law, any claim arising from or relating to the Site, a Product, an order, or these Terms must be initiated within one 60 days after the event giving rise to the claim.

Claims not initiated within that period are permanently barred.

This limitation does not apply where applicable law prohibits shortening the relevant limitations period.

39. FORCE MAJEURE

Airmid is not liable for delay or failure caused by events beyond its reasonable control, including:

  • Natural disasters;

  • Severe weather;

  • Fire;

  • Epidemic or pandemic;

  • War;

  • Terrorism;

  • Civil unrest;

  • Government action;

  • Regulatory delay;

  • Labor disruption;

  • Transportation interruption;

  • Carrier failure;

  • Utility or internet outage;

  • Cyberattack;

  • Supplier failure;

  • Raw-material shortage;

  • Manufacturing interruption; or

  • Product recall.

This section does not eliminate refund obligations that applicable law imposes for unshipped merchandise.

40. MODIFICATIONS TO PRODUCTS AND TERMS

We may modify Products, formulations, packaging, labels, pricing, availability, Site content, or these Terms.

Material changes to these Terms will apply prospectively unless applicable law permits otherwise.

The revised Terms become effective on the date stated at the top of the document.

Your continued use of the Site after revised Terms become effective constitutes acceptance of the revised Terms. The version accepted when an order is placed will ordinarily govern that transaction unless a later change is required by law or relates to an urgent safety matter.

41. SUSPENSION AND TERMINATION

We may suspend or terminate access to the Site or an account when reasonably necessary because of:

  • Violation of these Terms;

  • Fraud;

  • Security risk;

  • Unauthorized resale;

  • Harassment;

  • Unlawful activity;

  • Regulatory requirements; or

  • Threats to the Company, customers, Site, or third parties.

Provisions that by their nature should survive termination will survive, including intellectual-property provisions, disclaimers, liability limitations, dispute-resolution provisions, and indemnification obligations.

42. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our written consent.

Airmid may assign or transfer these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, corporate restructuring, or transfer of the Systemeta business.

43. SEVERABILITY

If any provision of these Terms is found invalid, illegal, or unenforceable, it will be enforced to the maximum extent permitted or modified to the minimum extent necessary.

The remaining provisions will remain in effect.

If the class-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will proceed in court after completion of any arbitrable individual claims, unless applicable law requires a different result.

44. NO WAIVER

Airmid’s failure to enforce a provision does not waive its right to enforce that provision later.

A waiver is effective only when made in writing by an authorized Company representative.

45. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE

These Terms, together with the Privacy Policy, any applicable Product label, Shipping Policy, Final-Sale Policy, subscription terms, promotion terms, and other policies expressly incorporated by reference, constitute the entire agreement concerning the Site and Products.

In the event of a conflict:

  1. A Product recall or safety notice controls regarding the applicable safety issue;

  2. The physical Product label controls regarding ingredients and directions;

  3. Specific written terms presented at checkout control regarding the applicable transaction;

  4. These Terms control regarding general Site use and sales; and

  5. The Privacy Policy controls regarding personal-information practices.

46. CONTACT INFORMATION

Questions concerning these Terms may be directed to:

Airmid Nutraceuticals, LLC
5013 S Louise Ave
Sioux Falls, SD 57108
info@airmidnutraceuticals.com

Product complaints and adverse-event reports should be directed to the contact information listed in Section 17.