Terms & Conditions
The following describes the terms on which Torii Labs LLC offers you access to our website. If you do not agree to be bound by the terms and conditions of this user agreement, please do not use or access our website, goods and/or services. You must read, agree with and accept all of the terms and conditions contained in this user agreement ("Agreement"), which include those terms and conditions expressly set out below and those incorporated by reference, before you may purchase through or use Torii Labs LLC. website.
This Agreement constitutes the entire agreement of the parties. This agreement is entered into by the customer (hereinafter "Customer" or "You") and Torii Labs a Delaware company (hereinafter referred to as "The Torii Labs.," "We," or "Us"). We may amend this Agreement at any time, without prior notice, by posting the amended terms on our site. It is your responsibility to review these terms for any changes.
PART 1: HEALTH DISCLAIMER
It is your right to educate yourself in health and medical knowledge, to seek helpful information and make use of it for your own benefit, and for that of your family. You are the one responsible for your health. In order to make decisions in all health matters, you must educate yourself. The views and nutritional advice expressed by Torii Labs are not intended to be a substitute for conventional medical service. If you have or suspect that you have a medical problem, promptly contact your health care provider. We do not claim to "cure" disease, but simply help you make physical and mental changes in your own body in order to help your body heal itself. No material or product on this website is intended to suggest that you should not seek professional medical care, or that you should disregard professional medical advice. Always work with qualified medical professionals, even as you educate yourself in the field of detox, cleansing and alternative medicine. No information offered here, or product sold on this website, should be interpreted as a diagnosis of any disease, nor an attempt to treat or prevent any disease or condition. For any products and/or services purchased from Torii Labs you should carefully read all product packaging and instructions. Information and statements regarding products and/or services made available by Torii Labs LLC have not been evaluated by the Food and Drug Administration. Torii Labs LLC products and services are not intended to diagnose, treat, cure or prevent any disease.
PART 2: USE ELIGIBILITY
Our goods and/or services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our goods and/or services are not available to minors. If you are a minor, you may use this website only in conjunction with your parents or guardians. If you do not qualify, please do not use our website, goods or services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
PART 3: PAYMENT
Customer agrees to compensate Torii Labs for any goods or services ordered through this website at the original purchase price. Ex. promotions, distributors, etc.
PART 4: LIABILITY LIMIT
In no event shall we, our subsidiaries, employees, contractors, suppliers, or manufacturers be liable for lost profits or any special, incidental, consequential or multiplied damages arising out of or in connection with our site, our products or services, or this agreement (HOWEVER ARISING, INCLUDING NEGLIGENCE), including, but not limited to, loss of profits, loss of use or other economic damages, even if advised of the possibility of such damages, or any failure to realize any specific benefit or health-related outcome. This limitation of Torii Labs liability will apply regardless of the form of action, whether in contract, tort or by statute. Our liability, and the liability of our subsidiaries, employees, contractors, suppliers, and manufacturers, to you or any third parties, in any circumstance, is limited to the greater of (a) the amount of the purchase or (b) one hundred ($100) dollars. Customer acknowledges that this limitation of liability is part of the consideration of this agreement, and was specifically included by Torii Labs in the calculation and establishment of the prices paid by customers, which, but for this limitation, would have been much higher. No action, regardless of form, arising out of your use of this website, any information contained therein, and/or any Torii Labs. products may be brought by you or Torii Labs more than one (1) year following the event which gave rise to the cause of action.
PART 5: INDEMNIFICATION
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. CUSTOMER SHALL ALSO INDEMNIFY AND PAY TO THE TORII LABS AS WELL AS HOLD TORII LABS HARMLESS AGAINST ANY AND ALL LOSSES, CLAIMS, DEMANDS, LIABILITIES, ATTORNEYS' FEES, OR ANY OTHER EXPENSES WHATSOEVER WHICH TORII LABS LLC MAY AT ANY TIME SUSTAIN, INCUR, OR BE PUT TO BY REASON OF, OR IN CONNECTION WITH, ITS PERFORMANCE UNDER THIS AGREEMENT, OR YOUR USE OF THE APPLICABLE WEBSITES, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM TORII LABS LLC'S SOLE OR COMPARATIVE NEGLIGENCE.
PART 6: LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website, goods and/or services.
PART 7: NOTICES
Except as explicitly stated otherwise, any notices shall be given by certified postal mail, return receipt requested, Torii Labs, PO Box 36535, Los Angeles, CA 90036 (in the case of Torii Labs or to the address you provide Torii Labs during the purchase process (in your case). Notice shall be deemed given three (3) days after the date of mailing.
PART 8: ARBITRATION
Any legal controversy or legal claim arising out of or relating to this Agreement or our goods and/or services, excluding legal action taken by Torii Labsto collect our fees and/or recover damages for, or to obtain an injunction relating to, Torii Labs website operations and intellectual property, shall be settled by binding single-arbitrator arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Delaware and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Torii Labs may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Delaware necessary to protect the rights or property of Torii Labs pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to one thousand ($1000.00) dollars. Parties agree that the Federal Arbitration Act, the United Nations Convention for the Enforcement of Commercial Arbitration Awards, and all other applicable laws and conventions apply to this agreement.
PART 9: MISCELLANEOUS
This Agreement contains the entire agreement of the parties. This written agreement supersedes any and all oral negotiations and/or representations of the parties hereto made in relation to this transaction. This agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein.
This Agreement shall be subject to and governed by the laws of the State of Delaware, with the exception of its conflict of laws provisions.
Any waiver or forbearance by Torii Labs of any breach (by Customer) of any provision of this Agreement shall not be construed as a waiver of any subsequent breach by Customer.
This Agreement shall be binding upon the parties and their executors, administrators, successors, and assigns.
If any provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability will not affect any other provision hereof. Such provision and the remainder of this Agreement shall, in such circumstances, be deemed modified to the extent necessary to render the remaining provisions enforceable.
PART 10: CUSTOMER SUPPORT
Support is available Monday to Friday: 9am to 7pm Pacific Standard Time.
Email Hello@toriilabs.com– Telephone: (424) 666 8235
PART 11: SHIPPING & DELIVERY
We endeavor to ship all orders within 1-2 business days. Orders placed Friday afternoon through Sunday will be shipped the following Monday. Shipping charges are calculated based on the speed of the shipping option you chose, plus the weight of the items. To reflect the policies of the shipping companies we use, all weights are rounded up to the next full pound. On rare occasions, the actual shipping and handling charge may differ slightly from the quoted charge. $1 will be charged for all Torii Labs shipments.
By continuing to payment method, please note that items shipped outside of the United States may be subject to import duties, taxes and/or charges which are not included in the total cost of my order, nor will they be covered or reimbursed by Torii Labs.
Please check with your country’s customs office to determine what these additional costs will be prior to placing your order.
The processing time for orders is 1-2 business days. After that, delivery time within the United States is 3-6 days, and 10-15 business days internationally. Please keep in mind that during holidays or special offers, this time may vary. Thank you for your patience.
We are not responsible for any shipping deliveries that may be affected by customs, natural occurrences, transfers from USPS to the local carrier in your country or air and ground transportation strikes or delays, nor any extra fee’s, customs or back end charges once the package has exited the United States.
PART 12: PRIVACY & SECURITY
Torii Labs is the sole owner of the information collected on this site. We will not sell, share or rent this information to others in ways different from what is disclosed in this statement. Our Web sites are designed with numerous precautions to protect usersʼ information. Customer information is appropriately protected in-house as well as online. Sensitive information (such as a credit card account number) is protected by Secure Socket Layer encryption. While on a secure page, such as an order form, the lock icon at the bottom of a webpage becomes locked, rather than open (or unlocked) as when the user is simply "surfing" the Web. In addition, access to users' information is restricted within our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. All employees are kept up-to-date on our security and privacy practices. Finally, the servers on which we store personally identifiable information are kept in a secure environment.
PART 13: FREE TRIAL
You can receive one free trial containing five bottles of Torii shots that allows you to try them before enrolling in a monthly service. Trials are free and shipping costs $1.
When you sign up for your Free Trial, you will also receive a fifteen (15) day trial membership with Torii Labs. The date of receipt will be the date the trial is purchased. If you enjoy your Free Trial and do not cancel your trial membership within 15 days, we will automatically enroll you in a monthly service and will charge your credit card according to which trial you ordered. Your monthly service will continue automatically, each month, as described below, until you cancel or skip (“pause”) your monthly service.
After you receive your Free Trial, and if you don’t cancel your monthly service within fifteen (15) days, you will automatically be enrolled in a monthly service through which you will receive a shipment specific to the trial you ordered. At any time, you may log onto your account and customize your monthly service. If you do not update your selection for a particular month, we will send you the same shipment as we sent the previous month, subject to availability.
You may cancel your monthly service at any time without obligation.
PART 14: Payment and Order Terms
The amounts due and payable by you for any product that you purchase through the Services (including any applicable shipping charges and taxes) will be presented to you before you place your order. If you place an order for any products via the Services, you agree (a) that Torii Labs may charge your credit card for verification, pre-authorization and payment purposes, and (b) to bear any additional charges that your bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. We accept the following credit cards at this time: Visa, MasterCard, American Express, Discover, and JCB. You’ll receive a confirmation email after we confirm the payment for your order and you will be charged before your order ships. Your order is not binding on Torii Labs until accepted and confirmed by Torii Labs. We reserve the right to limit the order quantity on any product, to elongate the delivery timeline for any reason after the order has been placed, and/or refuse to ship product to any customer for any reason. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with Torii Labs. Torii Labs reserves the right to not process or cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Torii Labs deems appropriate in its sole discretion. Torii Labs also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Torii Labs will either not charge you or refund the charges for orders that we do not process or cancel. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.
PART 15: Monthly Service Payment
If you subscribe to the monthly service, after your initial order, beginning the following month, you will be charged the following until you cancel your monthly service:
1) $45 for a pack of 6 Torii Awake tonics
2) $65 for a pack of 20 Torii Shots
If your payment method is declined, we will attempt to process your charge during the month until the transaction is approved. If we are unable to complete your charge, Torii Labs Support may contact you directly to update your account information. For your convenience, your credit or debit card information will be transmitted to and stored securely at our third-party processing provider in compliance with the Payment Card Industry standards.
PART 16: Return Policy
Please contact Hello@toriilabs.com with any inquiries or issues regarding your order. We'd happy to connect with you, there, and find a solution.
Support is available Monday to Friday: 9am to 7pm Pacific Time.
Telephone: (424) 666 8235
Torii Labs LLC
PO Box 36535, Los Angeles, CA 90036.