TERMS OF SERVICE
VLXM LLC --- Vilixium® Brand --- Version 3.0 --- Effective Date: August 18, 2026
These Terms of Service (the “Terms”) govern your access to and use of the websites located at wellnessfromwithin.life (the public Wellness From Within site) and www.vilixium.com, including all subdomains of each (including the members area at members.vilixium.com and the partner and CRM portal at portal.vilixium.com), related pages, the membership, member accounts, the members-only storefront and checkout flows, digital features, content, and any related services (collectively, the “Services”). Wellness From Within is the Private Membership Association (the “PMA”). VLXM LLC, a Florida limited liability company (“VLXM LLC,” “Company,” “we,” “us,” or “our”), is the company that operates the Vilixium® brand and commercially supports the PMA under licence from its parent company.
By accessing the Services, creating an account, applying for membership, paying the membership fee, placing an order through the members-only storefront, enrolling in a subscription, or otherwise using the Services, you agree to be bound by these Terms and by all policies incorporated herein by reference, including the Privacy Policy, Cookie Policy, Consumer Health Data Privacy Policy, Refund and Returns Policy, Subscription Terms and Auto-Renewal Disclosure, Medical Disclaimer, the Member Agreement and the Constitution and Bylaws of the membership, and (if applicable to you) the California Privacy Rights / Do Not Sell or Share Notice. If you do not agree, do not access or use the Services.
ARBITRATION AND CLASS-ACTION WAIVER NOTICE. These Terms contain a binding arbitration agreement and a class-action and mass-action waiver that affect your legal rights. Please review Section 27 carefully. You may opt out of arbitration within thirty (30) days of first use or first purchase by following the procedure in Section 27.10.
1. Eligibility
To use the Services, you must be at least eighteen (18) years of age, have the legal capacity to enter into a binding contract, and not be barred from using the Services under any applicable law. By using the Services, you represent and warrant that you satisfy these requirements. The Services are not directed to minors, and we do not knowingly accept membership applications or orders from, or collect personal information online from, individuals under 18 in connection with purchases.
2. Geographic Scope; United States Only
2.1 United States Only. The Services are operated from the United States by VLXM LLC and are offered solely to customers located in the United States. Membership, the members-only storefront, and all product orders are available only to persons with a valid U.S. shipping address in a served jurisdiction. We ship to all U.S. states except the States of Washington and Nevada, which are excluded. We do not offer membership or sell, ship, or fulfill product orders internationally through this website.
2.2 No International or Cross-Border Sales. This website does not accept membership applications or orders from, and does not ship to, addresses outside the United States, including Canada. Any prior cross-border or international ordering framework is discontinued and of no further effect for transactions through the Services. If you are located outside the United States, you may browse public content, but you may not join the membership or purchase products through the Services.
2.3 Canadian Operations Distinction. Where one of our affiliated entities (including Xium Canada Inc.) offers products to Canadian customers through a separate domestic Canadian channel, those transactions are governed by that entity’s own terms and policies and are not subject to these Terms. These Terms govern transactions through the Services only.
2.4 No Solicitation Where Prohibited. Nothing on the Services is intended as an offer or solicitation in any jurisdiction where such offer or solicitation would be unlawful. You are responsible for ensuring that your access to, membership in, purchase from, and use of the Services and any product is lawful in your jurisdiction.
3. Definitions
In these Terms: “Account” means a user account created on the Services; “Membership” means membership in the Wellness From Within Private Membership Association (the PMA), commercially supported by VLXM LLC; “Member” means a person whose membership application has been approved and remains in good standing; “Application” means the membership application submitted through the Services; “Membership Fee” means the one-time, lifetime membership fee described in Section 8; “Members Area” means the login-gated environment (members.vilixium.com) available to Members; “Portal” means the partner and CRM environment at portal.vilixium.com; “Storefront” means the members-only store through which Members may purchase Products; “Order” means any purchase order for Products submitted by a Member through the Storefront; “Products” means dietary supplement products and any related goods made available under the Vilixium® brand to Members; “Subscription” means any recurring or auto-renewing purchase arrangement for Products; “User Content” means any content submitted by you to or through the Services; and “Policies” means the Privacy Policy, Cookie Policy, Consumer Health Data Privacy Policy, Refund and Returns Policy, Subscription Terms, Medical Disclaimer, and any other policy posted on the Services or incorporated by reference.
4. Acceptance and Modification of Terms
By using the Services you accept these Terms and all incorporated Policies. We may modify these Terms or any Policy at any time. Modifications take effect upon posting an updated version with a revised Effective Date on the Services, or such later date as we may specify. Material changes will be reasonably highlighted where practicable. Your continued use of the Services after the effective date of a modification constitutes your acceptance of the modified Terms. If you do not agree with a modification, you must stop using the Services. Specific Orders and Subscriptions in progress at the time of a modification will continue to be governed by the Terms in effect at the time of that specific transaction, except to the extent the modification is required by law to apply retroactively.
5. Account Registration; Security
Certain features, including membership and the Storefront, require you to create an Account. You agree to provide accurate, current, and complete information, to maintain and promptly update it, and to safeguard your Account credentials. You are responsible for all activity occurring under your Account. You must promptly notify us at contact@vilixium.com of any unauthorized access or suspected breach of your Account. We may suspend or terminate any Account or Membership at any time, with or without notice, for any suspected violation of these Terms, the Member Agreement, or applicable law, or to protect the integrity of the Services.
6. Product Nature; Dietary Supplements; No Medical Advice; Informed Consent
Vilixium® products are dietary supplements, as defined under the U.S. Dietary Supplement Health and Education Act of 1994 (DSHEA) and the Federal Food, Drug, and Cosmetic Act. They are not drugs, medical devices, or medical treatments. Statements made about our products within the Members Area or in marketing materials have not been evaluated by the U.S. Food and Drug Administration. Our products are not intended to diagnose, treat, cure, mitigate, or prevent any disease. All statements made about the Products are structure/function or general-wellness statements only, are presented with the required disclaimer, and are made only within the Members Area; the public areas of the Services carry no product claims of any kind.
The Services, our products, and any information made available through the Services are provided for general informational, educational, and lifestyle wellness purposes only and do not constitute medical, diagnostic, therapeutic, nutritional, or professional advice. The Services are not a substitute for advice from a qualified, licensed healthcare professional. You should always consult a qualified healthcare provider before commencing any new dietary supplement, particularly if you are pregnant, nursing, attempting to conceive, taking medications, undergoing medical treatment, or have any medical condition. See the separate Medical Disclaimer for additional terms.
Informed Consent. By completing a purchase of any Vilixium® product through the Storefront, you affirmatively acknowledge, represent, and confirm that you have given your informed consent to the purchase and use of the product, as more fully described in Section 11 of the Medical Disclaimer (Informed Consent). At member checkout, you will be required to affirmatively confirm that you have read and understood the material facts set out in Section 11 of the Medical Disclaimer and are making an informed decision to proceed. Completion of checkout constitutes that confirmation. We are entitled to rely on your informed consent confirmation in fulfilling your Order.
7. FDA Facility Registration; Regulatory Status
Manufacturing facilities used in the production of Vilixium products are registered with the U.S. Food and Drug Administration under Section 415 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 350d), in accordance with 21 C.F.R. Part 1, Subpart H. Facility registration is administrative in nature: it confirms that the facility has notified FDA of its existence and the activities it conducts. It does not constitute FDA approval, endorsement, certification, or evaluation of (i) any product manufactured at the facility, (ii) the safety or efficacy of any product, (iii) any structure/function or health-related statement, or (iv) the labeling or marketing of any product. No representation should be inferred from facility registration beyond the foregoing.
No statement on the Services or in any marketing or product material is intended to suggest, and you agree not to infer, that any product has received FDA approval, FDA endorsement, or FDA evaluation. In the event of any inconsistency between marketing material and the federally compliant product label, the product label controls and prevails.
8. Membership; Application; Approval; Membership Fee
8.1 Membership Required to Purchase. Vilixium operates as a private membership. Products are available for purchase only through the members-only Storefront, and only to approved Members in good standing. Membership status is enforced at checkout; a non-member cannot purchase Products by any path.
8.2 Application and Review. To become a Member, you must submit an Application, verify your contact information, and pay the Membership Fee. Every Application is reviewed. We may approve, decline, condition, or hold any Application in our discretion, using objective criteria such as identity and contact verification, accuracy of the information provided, age (18+), and whether your shipping location is a served U.S. jurisdiction. The Application collects who you are and how to reach you; it does not collect health information.
8.3 The Membership Fee. The Membership Fee is a one-time fee of ten U.S. dollars (US$10.00) for lifetime access to the Membership. It is not a subscription, it does not recur, and there are no recurring membership charges of any kind. The Membership Fee is paid outright: it is not credited toward, or deductible from, the price of any Order, and it is not waived.
8.4 Refund if Not Approved. If your Application is not approved, the Membership Fee is refunded to you in full, automatically. Once your Application is approved and membership is granted, the Membership Fee is non-refundable, because it has purchased the access it represents. Nothing in this Section limits any non-waivable consumer right that applies to you.
8.5 Nature of Membership. Membership provides access to the Members Area, the Storefront, member content, member pricing and terms, and the member community, in each case as described in the Member Agreement and the Constitution and Bylaws. Membership does not change, waive, or exempt you or us from any law or regulation that would otherwise apply, and does not alter your consumer rights, which are the same as they would be at any store. Membership may be suspended or terminated for breach of these Terms or the Member Agreement.
9. Payment; Taxes; Currency
All prices are displayed in U.S. dollars and exclude applicable sales, use, excise, or similar taxes unless expressly stated. You are responsible for all applicable taxes unless we have separately and expressly assumed them. Payment is processed by third-party payment processors and is subject to their terms and policies. By providing payment information, you represent that you are authorized to use the payment instrument and authorize us and our processors to charge the full amount of the Membership Fee or Order, including taxes, shipping, and any applicable fees.
10. Orders; Order Acceptance; Pricing
All Orders placed through the Storefront are offers to purchase and are subject to our acceptance. We may, in our sole discretion, accept, decline, limit, cancel, or refund any Order, in whole or in part, for any lawful reason, including pricing errors, suspected fraud, suspected resale activity, regulatory or compliance concerns, inventory limitations, shipping restrictions, loss of membership in good standing, or violation of these Terms. No Order is binding on us until we issue an order confirmation or, where applicable, dispatch the Products.
Prices, promotions, and product availability are subject to change without notice. We may impose minimum or maximum quantity limits per Order, per Account, per household, per IP address, or per payment method. Typographical, pricing, or descriptive errors may be corrected and any affected Order cancelled or refunded, even after Order confirmation. You authorize us, our payment processors, and our service providers to verify Order, payment, and identity information, to screen for fraud or compliance risk, and to share such information with our processors and partners for the purpose of completing or refusing the Order.
11. Subscriptions; Auto-Renewal
If we make a Subscription option available and you enroll, you expressly authorize us and our payment processors to charge your designated payment method on a recurring basis at the disclosed billing frequency until you cancel. Subscriptions are available only to Members and apply only to Product Orders; the Membership Fee is never a Subscription and never recurs. Subscription Orders are governed in their entirety by the separate Subscription Terms and Auto-Renewal Disclosure, which is incorporated into these Terms by reference. In the event of any conflict between these Terms and the Subscription Terms with respect to recurring billing, the Subscription Terms control.
Before completing checkout for a Subscription, you will be presented with the material terms, including the fact that it renews automatically unless cancelled, the recurring charge amount or method of calculation, the billing frequency, and how to cancel. By completing checkout, you expressly consent to those recurring charges. You may cancel at any time before the next renewal date through your Account or by contacting contact@vilixium.com. Cancellation applies to future renewals and does not retroactively reverse any charge already processed.
12. Promotions; Discount Codes; Member Offers
Any promotion, discount code, referral incentive, free-shipping offer, member offer, bundle offer, bonus item, or similar program may be modified, suspended, or terminated by us at any time unless prohibited by law. The Membership Fee is not a promotional credit and is not applied to any Order. Promotions may be subject to additional terms presented at the time of the offer, are void where prohibited, may not be combined unless expressly permitted, and may not be redeemed for cash except where required by law. We may cancel or reverse any promotional benefit obtained through fraud, abuse, duplicate accounts, self-referrals, stacking, resale activity, chargebacks, or any violation of these Terms.
13. Shipping; Delivery; Title; Risk of Loss
We will arrange shipment of Products to the U.S. address you provide, subject to product availability, applicable shipping restrictions, and Section 2 (Geographic Scope). We ship only within the United States and only to served jurisdictions (all U.S. states except Washington and Nevada). Shipping dates and delivery estimates are estimates only and are not guaranteed. We are not liable for shipping delays, carrier failures, weather events, force majeure events, packages stolen after confirmed delivery, or losses caused by inaccurate address information provided by you.
Title and risk of loss for all Orders passes to you upon our delivery of the Products to the carrier (F.O.B. shipping point), except to the extent otherwise required by applicable law. Once a domestic Order is marked delivered by the carrier, risk of post-delivery loss or theft is yours.
14. Returns; Refunds
Returns, replacements, exchanges, refunds, and related remedies for Products are governed exclusively by the Refund and Returns Policy, which is incorporated into these Terms by reference. Refund of the Membership Fee is governed by Section 8.4 of these Terms. To the maximum extent permitted by law, we reserve the right to deny any return or refund that does not comply with the Refund and Returns Policy or that is abusive, fraudulent, or inconsistent with these Terms.
15. Chargebacks; Payment Disputes; Recovery Rights
You agree to contact contact@vilixium.com and to make a good-faith effort to resolve any issue with us before initiating a chargeback, payment dispute, bank reversal, or similar claim. If you initiate a chargeback or payment dispute, we may provide these Terms, checkout records, Order records, shipment records, customer communications, assent logs, and other relevant information to the payment processor, bank, network, platform, or adjudicator.
If we reasonably determine that a chargeback or dispute was abusive, fraudulent, materially inaccurate, duplicative, or initiated in bad faith, we may recover from you, to the fullest extent permitted by law, the disputed amount, reversal losses, processor penalties, administrative charges, collection costs, attorneys’ fees where recoverable, and any other costs reasonably incurred. We may also suspend or terminate your Account or Membership, refuse future Orders, and offset amounts owed against refunds, credits, or other monies otherwise due to you, to the extent permitted by law.
16. Personal Use Only; No Unauthorized Resale
Products purchased through the Services are for personal use only unless we have expressly authorized you in writing to purchase for resale or distribution. You may not resell, redistribute, white-label, repackage, relabel, export, or commercially exploit any product obtained through the Services without our prior written consent. Unauthorized resale or distribution constitutes a material breach of these Terms and may result in Order cancellation, Account and Membership termination, refusal of future service, recovery of margins and brand-protection costs, and legal action.
17. Testimonials; Reviews; User Submissions
If you submit or post any review, testimonial, comment, image, video, suggestion, idea, feedback, or other content to or through the Services (User Content), you represent and warrant that the User Content is truthful, accurate, your own or properly authorized, reflects your genuine experience, and does not violate any law or third-party right. You further represent and warrant that your User Content does not include false or misleading health claims, disease claims, or unsubstantiated statements. Member stories and testimonials are displayed inside the Members Area, subject to consent, our testimonial compliance procedures, and applicable law (including the FTC Consumer Reviews and Testimonials Rule, 16 C.F.R. Part 465).
By submitting User Content, you grant us a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free license to host, store, reproduce, modify, adapt, translate, publish, distribute, display, perform, create derivative works from, and otherwise use the User Content in any media and for any purpose, subject to any specific release terms you separately execute with us. We are not obligated to post, display, maintain, or use any User Content and may remove, edit, reject, or disable any User Content at any time in our sole discretion. Published testimonials may be edited for clarity, accuracy, regulatory compliance, or length and will be accompanied by required disclaimers.
18. Intellectual Property
The Services and all content and materials made available through the Services — including text, graphics, software, code, designs, user interfaces, logos, product names, trademarks (including the Vilixium® mark), service marks, trade dress, images, videos, audio, downloads, compilations, and the overall look and feel of the Services — are owned by VLXM LLC, its parent company, or its affiliates, or their respective licensors, and are protected by U.S. and international intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use only. No right, title, or interest in the Services or any content is transferred to you. You may not copy, reproduce, republish, upload, post, display, distribute, transmit, modify, reverse engineer, create derivative works from, scrape, harvest, or exploit the Services or any content except as expressly permitted in writing by us. Members Area content may not be reproduced or disclosed on any public surface.
19. Copyright Complaints
If you believe that content on the Services infringes your copyright, you may submit a notice to our designated copyright contact at contact@vilixium.com. Your notice should include sufficient information to identify the copyrighted work claimed to have been infringed, the allegedly infringing material, your contact information, a statement of good-faith belief, and a statement under penalty of perjury that the information is accurate and that you are authorized to act on behalf of the rights holder. We may, in appropriate circumstances, terminate the accounts of repeat infringers.
20. Third-Party Services; Links
The Services may contain links to or integrations with third-party websites, platforms, services, technologies, applications, shipping providers, payment processors, affiliate tools, analytics tools, email platforms, or content. We do not control and are not responsible for any third-party services, content, privacy practices, security, availability, or terms. Your dealings with third parties are solely between you and the third party.
21. Prohibited Conduct
You agree not to, and not to assist or permit any third party to: use the Services for any unlawful, fraudulent, deceptive, harassing, abusive, or unauthorized purpose; violate any applicable law or regulation; interfere with or disrupt the Services or servers; circumvent security features, membership gating, or access controls; introduce malware or harmful code; scrape, crawl, index, mine, or harvest data from the Services by automated means; impersonate any person or entity; submit false information; attempt unauthorized purchases or account takeovers; submit or publish prohibited medical or disease claims relating to our products; reproduce or disclose Members Area content publicly; engage in review manipulation; exploit promotions abusively; purchase products for unauthorized resale; or use the Services in any manner inconsistent with these Terms.
22. Monitoring; Investigation; Enforcement
We reserve the right, but not the obligation, to monitor the Services, investigate suspected violations, cooperate with law enforcement or regulators, preserve records, remove content, restrict functionality, block access, cancel Orders, suspend Accounts or Memberships, deny refunds, reverse promotions, and take any other action we reasonably consider appropriate to enforce these Terms or protect us, our members, or third parties.
23. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, ALL CONTENT, AND ALL PRODUCTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” VLXM LLC AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, COMPLETENESS, OR RESULTS.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF HARMFUL COMPONENTS, OR COMPATIBLE WITH ANY PARTICULAR DEVICE, BROWSER, OR PLATFORM, OR THAT ANY PRODUCT WILL MEET YOUR EXPECTATIONS OR PRODUCE ANY PARTICULAR OUTCOME. INDIVIDUAL RESULTS MAY VARY AND ARE NOT GUARANTEED. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH LIMITATIONS ARE NON-WAIVABLE UNDER YOUR APPLICABLE LAW.
24. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VLXM LLC, ITS PARENT COMPANY, ITS AFFILIATED ENTITIES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, LICENSORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “VLXM PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY (EXCEPT WHERE NON-WAIVABLE BY LAW), PROPERTY DAMAGE, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THE SERVICES, PRODUCTS, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE VLXM PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, PRODUCTS, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO VLXM LLC THROUGH THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US$100.00). THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
25. Indemnification
You agree to defend, indemnify, and hold harmless the VLXM Parties from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, judgments, awards, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to: your access to or use of the Services; your purchase, possession, resale, or use or misuse of any product; your User Content; your violation of these Terms or any Policy; your violation of any law or regulation; your circumvention of geographic, quantity, membership, or compliance limits; or your infringement or misappropriation of any third-party right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully.
26. Time Limit to Bring Claims
To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Services, products, or these Terms must be commenced within one (1) year after the claim or cause of action accrues, or such claim or cause of action is permanently barred.
27. Governing Law; Mandatory Arbitration; Class Action Waiver
27.1 Governing Law. These Terms and any dispute arising out of or relating to the Services, any product, or these Terms will be governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act (FAA) governs the interpretation and enforcement of the arbitration agreement in this Section.
27.2 Agreement to Arbitrate. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Except for matters that may be brought in small claims court as provided below, you and VLXM LLC agree that any dispute, claim, or controversy arising out of or relating in any way to the Services, any product, any membership, any purchase, any Subscription, any communication, or these Terms — including the formation, enforceability, scope, validity, or interpretation of this arbitration agreement — shall be resolved exclusively by final and binding arbitration on an individual basis.
27.3 Administrator and Rules. The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to the AAA Consumer Arbitration Rules and Mediation Procedures then in effect, as modified by these Terms. If AAA is unavailable and the parties cannot agree on a substitute, a court of competent jurisdiction shall appoint an administrator or arbitrator, and the remaining provisions of this Section remain in effect.
27.4 Informal Resolution First. Before commencing arbitration, the party asserting a claim must first send the other party a written notice of dispute describing the claim, the requested relief, and the basis for the claim. You must send any notice of dispute to VLXM LLC, Attn: Legal Notice, 7803 SW Ellipse Way, Unit 24, Stuart, Florida 34997, and by email to contact@vilixium.com. The parties agree to attempt in good faith to resolve the dispute informally for at least thirty (30) days after the notice is received before commencing arbitration.
27.5 Individual Relief Only; Class Action Waiver. YOU AND VLXM LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, COLLECTIVE ACTION MEMBER, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE OR JOIN CLAIMS EXCEPT AS EXPRESSLY REQUIRED BY NON-WAIVABLE LAW, AND SHALL HAVE NO AUTHORITY TO PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, MASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
27.6 Mass Arbitration / Batch Filing. If twenty-five (25) or more substantially similar demands are submitted against VLXM LLC by the same or coordinated counsel, or arise from the same or similar facts, within a reasonably close period, such demands shall be administered in staged batches of up to twenty-five (25) claimants at a time, in the order selected by claimants’ counsel. No demand in a later batch shall be filed or deemed filed, and no administrative fees shall be owed as to a later batch, until the preceding batch has concluded, unless the administrator or a court requires otherwise. Statutes of limitation for later batches are tolled from the date the batch procedure is invoked until the later batch is permitted to proceed. If this subsection is found unenforceable as to a particular claim, the remaining provisions of this Section remain enforceable.
27.7 Small Claims Option. Either party may bring an individual claim in small claims court rather than arbitration if the claim qualifies, remains on an individual basis, and is filed in a court of competent jurisdiction located in Miami-Dade County, Florida, or in the county of your residence if required by applicable law.
27.8 Location; Arbitrator Authority; Fees. Any in-person hearing shall take place in Miami-Dade County, Florida, unless the parties agree otherwise, and remote proceedings are available as permitted by the AAA rules. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court shall decide the enforceability of the class-action-waiver and mass-arbitration provisions to the extent required by law. Fees are governed by the applicable AAA rules; each party bears its own attorneys’ fees unless a statute or the arbitrator provides otherwise. Nothing here deprives a consumer of non-waivable cost-shifting or fee protections.
27.9 California §1542 Waiver. If you are a California resident, to the extent applicable you waive California Civil Code section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
27.10 Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to VLXM LLC, Attn: Arbitration Opt-Out, 7803 SW Ellipse Way, Unit 24, Stuart, Florida 34997, and by email to contact@vilixium.com within thirty (30) days after the earlier of your first use of the Services or your first purchase. Your notice must include your full name, address, email address, and a clear statement that you wish to opt out. If you validly opt out, neither party will be bound by this Section, but all other provisions of these Terms remain in effect.
27.11 Survival. This Section survives the termination of these Terms, your Account, your Membership, your use of the Services, and any purchase or Subscription.
28. Export Controls; Sanctions
You represent and warrant that you are not located in, ordinarily resident in, or organized under the laws of any country or territory subject to comprehensive U.S. sanctions; are not identified on any U.S. government restricted-party list (including OFAC’s Specially Designated Nationals List, the BIS Entity List, or the BIS Denied Persons List); and will not use, export, re-export, transfer, or supply any product or the Services in violation of U.S. export control, sanctions, or trade laws.
29. Force Majeure
We shall not be liable for any delay or failure in performance caused by events beyond our reasonable control, including acts of God, natural disasters, pandemic or epidemic events, war, terrorism, civil unrest, labor shortages or disputes, utility failures, internet or telecommunications failures, payment processor outages, platform outages, cyberattacks, supply chain disruptions, carrier delays, governmental actions, embargoes, or changes in law.
30. Assignment
You may not assign, delegate, or transfer these Terms or any of your rights or obligations under these Terms (including your Membership) without our prior written consent. Any purported assignment in violation of this Section is void. We may assign, delegate, or transfer these Terms, in whole or in part, without restriction, including to a parent or affiliated entity or to any successor in connection with a merger, acquisition, reorganization, or sale of assets.
31. Waiver; Severability
No waiver by us of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of VLXM LLC, and no failure or delay in exercising any right operates as a waiver. If any provision of these Terms is held invalid, illegal, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force. If the class action waiver in Section 27.5 is found unenforceable with respect to a particular claim and the determination is not subject to appeal, then Section 27 shall be unenforceable only as to that claim, which shall proceed in a court of competent jurisdiction, while the remainder of these Terms continue in full force.
32. Hierarchy of Documents
In the event of any conflict between these Terms and a specific Policy with respect to the subject matter of that Policy, the specific Policy controls as to its subject matter. Where mandatory non-waivable consumer protection law applies, those statutory rights prevail over inconsistent provisions to the extent of the inconsistency. The Refund and Returns Policy controls all return, refund, replacement, and exchange matters for Products; the Subscription Terms control all recurring billing matters; the Privacy Policy, Cookie Policy, and Consumer Health Data Privacy Policy control all personal information, tracking, and consumer-health-data matters; and product labeling controls as to product use, ingredients, and safety.
33. Entire Agreement
These Terms, together with all Policies incorporated by reference and the Member Agreement and Constitution and Bylaws, constitute the entire agreement between you and VLXM LLC regarding the Services and supersede all prior or contemporaneous understandings, communications, representations, and proposals, whether electronic, oral, or written, relating to the Services, including Version 2.3.
34. Contact Information
VLXM LLC
7803 SW Ellipse Way, Unit 24, Stuart, Florida 34997
Email: contact@vilixium.com
Website: wellnessfromwithin.life
Also: www.vilixium.com (including members.vilixium.com and portal.vilixium.com)