Welcome to Texas Performance Labs LLC (“Seller,” “we,” “us,” or “our”). By accessing, browsing, or purchasing from this website (the “Site”), you (“Buyer,” “you,” or “your”) agree to be bound by the following Terms & Disclaimer. If you do not agree to these terms in full, do not use this Site or purchase from us.
1. Research Use Only
All products sold by Texas Performance Labs LLC are intended for laboratory research use only. They are not for human consumption, medical use, veterinary use, therapeutic use, cosmetic use, or diagnostic purposes of any kind. Buyer understands and agrees that Seller's products are experimental laboratory reagents and are not approved by the U.S. Food and Drug Administration (FDA) or any other regulatory agency for human or animal use.
All products are supplied exclusively under the RUO exemption in FDA Guidance "Distribution of In Vitro Diagnostic Products Labeled for Research Use Only or Investigational Use Only" (2013) and 21 C.F.R. § 809.10(c)(2). They therefore fall outside FD&C Act §§ 503A/503B compounding provisions. Texas Performance Labs LLC is not a 503A compounding pharmacy or 503B outsourcing facility as defined in the FD&C Act.
2. Age and Authority
By placing an order, Buyer affirms and represents that:
- Buyer is at least 21 years of age
- Buyer is legally authorized to purchase laboratory research products in their state and jurisdiction
- Buyer is a qualified research professional or has sufficient knowledge, training, and facilities to handle research-grade materials safely
- Buyer is purchasing solely for legitimate research, laboratory, or analytical purposes
- Buyer accepts full responsibility for compliance with all applicable federal, state, and local laws
3. No Medical Advice
Information provided on this Site, including product descriptions, blog content, educational materials, and any communications from Seller, is for educational and informational purposes only. Nothing on this Site constitutes medical advice, a diagnosis, a treatment recommendation, or a suggestion for personal use. Buyer should not interpret any content as a recommendation to consume, ingest, inject, or otherwise apply any product to the human body.
4. Assumption of Risk
Buyer assumes all risks and liabilities resulting from the handling, storage, use, or misuse of Seller's products. Buyer understands that improper handling or use may be dangerous, and Buyer accepts full responsibility for any hazards that may result. Buyer warrants that they have appropriate facilities, equipment, and expertise to handle laboratory research materials safely.
5. No Representations or Warranties
Seller makes no warranties or representations, express or implied, regarding the safety, efficacy, purity, fitness, or suitability of any product for any particular purpose. Products are sold "AS IS" and "AS AVAILABLE." Seller expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6. Limitation of Liability
To the maximum extent permitted by law, Texas Performance Labs LLC and its owners, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from or related to Buyer's use of the Site or any product purchased from Seller.
In no event shall Seller's total liability exceed the amount paid by Buyer for the specific product giving rise to the claim. This limitation applies regardless of the legal theory asserted (contract, tort, strict liability, or otherwise).
7. Payment and Shipping
- All sales are final, except for limited exceptions described in our returns policy.
- Orders are processed and shipped to the address provided by Buyer at checkout.
- Texas Performance Labs LLC is not responsible for lost, delayed, or misdelivered packages caused by incorrect information entered at checkout, carrier errors, or events outside our reasonable control.
- Shipping timelines are estimates and are not guaranteed.
8. Account Registration
If Buyer creates an account on the Site, Buyer is responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. Buyer agrees to notify Seller immediately of any unauthorized use. Seller reserves the right to suspend or terminate accounts that violate these Terms.
9. Intellectual Property
All content on this Site — including but not limited to text, graphics, logos, images, product descriptions, photographs, and the "Texas Performance Labs" brand name and marks — is the property of Texas Performance Labs LLC or its licensors and is protected by United States and international intellectual property laws. Buyer may not reproduce, distribute, modify, or create derivative works from any Site content without prior written permission.
10. Indemnification
Buyer agrees to indemnify, defend, and hold harmless Texas Performance Labs LLC, its owners, officers, employees, agents, and affiliates from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Buyer's use, misuse, or handling of Seller's products
- Buyer's violation of these Terms
- Buyer's violation of any applicable law or regulation
- Buyer's infringement of any third-party rights
11. Dispute Resolution and Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any product purchased from Seller shall be resolved exclusively through binding arbitration in the State of Texas, in accordance with the rules of the American Arbitration Association. Buyer expressly waives any right to participate in a class action lawsuit or class-wide arbitration against Seller.
The decision of the arbitrator shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in the State of Texas.
13. Changes to These Terms
Texas Performance Labs LLC reserves the right to update or modify these Terms at any time, at our sole discretion. Updated terms become effective when posted on this page. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms. Buyer is responsible for reviewing these Terms periodically.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be interpreted to give effect to its intent to the maximum extent permitted by law.
15. Entire Agreement
These Terms, together with any privacy, shipping, and returns policies posted on the Site, constitute the entire agreement between Buyer and Texas Performance Labs LLC regarding use of the Site and any purchases made.
16. Contact
Texas Performance Labs LLC
Texas, United States
By using this Site or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms & Disclaimer.