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5th Element LLC

Operational Governance Agreement

Effective Date

May 11, 2026

1. OVERVIEW

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

2. NATURE OF PRODUCTS

2.1 Research / Wellness Use Only (if applicable)

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

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

2.2 Provider Responsibility

If purchased by or through a licensed provider:

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

3. ELIGIBILITY

3.1 General Requirements

You must be:

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

3.2 B2B / Provider Purchases

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

4. ORDERING & PAYMENT

4.1 Order Acceptance

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

4.2 Pricing

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

4.3 Payment Terms

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

5. SHIPPING & DELIVERY

5.1 Processing Time

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

5.2 Delivery

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

5.3 Cold Chain / Sensitive Products

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

6. NO RETURNS / REFUNDS POLICY

Due to the nature of our products, all sales are final.

No returns or refunds unless:

  • Product arrives damaged
  • Incorrect item was shipped

Claims must be made within **48 hours of delivery**

7. PRODUCT DISCLAIMER

7.1 No Medical Claims

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

7.2 Use at Own Risk

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

8. COMPLIANCE & LEGAL USE

8.1 Prohibited Use

  • Not to use products in violation of any **federal, state, or local laws**
  • Not to resell products in unauthorized or misleading ways

8.2 Regulatory Acknowledgment

You are responsible for ensuring compliance with **FDA, DEA, and state regulations**

9. LIMITATION OF LIABILITY

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

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

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

10. INDEMNIFICATION

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

11. INTELLECTUAL PROPERTY

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

12. PRIVACY

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

13. TERMINATION

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

14. GOVERNING LAW

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

15. DISPUTE RESOLUTION

  • Any disputes shall be resolved through **binding arbitration** in Florida
  • Each party bears its own legal costs unless otherwise determined

16. MODIFICATIONS

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

17. CONTACT INFORMATION

5th Element LLC

Address

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

18. ACKNOWLEDGMENT

By purchasing or using our products/services, you confirm that:

  • You have read and understood these Terms
  • You agree to be legally bound by them

End of Terms & Conditions

© 2026 5th Element LLC. All rights reserved.
Last updated: May 11, 2026

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Our team is available to discuss our terms and how they apply to your specific professional or clinical use case.

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