Please read these Terms of Service ("Terms") carefully before using the website located at folqs.co (the "Site") or purchasing any products. These Terms constitute a legally binding agreement between you ("you" or "your") and MV Nutrition LLC, DBA Folqs ("Folqs," "we," "us," or "our"), a Delaware limited liability company with its principal place of business at 800 N King St Ste 304 1909, Wilmington, DE 19801.
IMPORTANT NOTICE: THESE TERMS CONTAIN A MANDATORY BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER IN SECTION 16. PLEASE READ SECTION 16 CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. BY USING THE SITE OR PURCHASING PRODUCTS, YOU AGREE TO RESOLVE DISPUTES WITH FOLQS THROUGH BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
SECTION 1 — ACCEPTANCE OF TERMS
By accessing or using the Site, creating an account, placing an order, or purchasing any product or service from Folqs, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Return & Refund Policy, and our Shipping Policy, all of which are incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Site or purchase any products.
These Terms apply to all visitors, users, customers, subscribers, and any other persons who access or use the Site (collectively, "Users").
SECTION 2 — ELIGIBILITY
By using the Site or purchasing products, you represent and warrant that: (a) you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater; (b) you have the legal capacity and authority to enter into these Terms; and (c) you are not barred from using the Site under any applicable law. If you are using the Site on behalf of a business entity, you additionally represent and warrant that you are authorized to bind that entity to these Terms.
SECTION 3 — CHANGES TO TERMS
We reserve the right to modify these Terms at any time at our sole discretion. When we make material changes, we will update the "Last Modified" date above and may provide additional notice (such as email notification or a banner on the Site). Your continued use of the Site or purchase of products after such modifications constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically. If you do not agree with any modifications, you must immediately stop using the Site.
SECTION 4 — PRODUCTS AND SERVICES
4.1. Product Descriptions. We make reasonable efforts to display product colors, images, and descriptions as accurately as possible. However, we cannot guarantee that your device's display will accurately render any color or detail. Product descriptions, ingredients, and nutritional information are provided for general informational purposes only.
4.2. Availability. Products and services are available exclusively online through the Site unless otherwise stated. Certain products may have limited quantities. We reserve the right to limit the quantities of any product or service we offer, to limit sales to any person, geographic region, or jurisdiction, and to discontinue any product at any time without notice.
4.3. Pricing. All prices are displayed in U.S. Dollars unless otherwise stated. Prices are subject to change without notice. We are not responsible for typographical errors in pricing. If a product is listed at an incorrect price, we reserve the right to cancel any orders placed at the incorrect price, even after order confirmation.
4.4. Health Disclaimers. Our products are dietary supplements. They are not intended to diagnose, treat, cure, or prevent any disease. These statements have not been evaluated by the Food and Drug Administration. Individual results may vary. The content on the Site is for informational purposes only and is not a substitute for professional medical advice. Consult your healthcare provider before using any supplement, especially if you are pregnant, nursing, taking medication, or have a medical condition.
SECTION 5 — ORDERS AND PAYMENT
5.1. Order Acceptance. Your placement of an order constitutes an offer to purchase. All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to: product availability, errors in pricing or product information, suspected fraud, or suspected violation of these Terms.
5.2. Payment. You agree to provide current, complete, and accurate billing and payment information. You agree to promptly update your account information, including email address and payment details, so that we can complete your transactions and contact you as needed. Payment is processed through third-party payment processors, and your use of such processors is subject to their respective terms of service.
5.3. Order Modifications and Cancellations. If we modify or cancel an order, we will attempt to notify you using the contact information provided at the time of order. We reserve the right to limit or prohibit orders that appear to be placed by resellers, distributors, or dealers.
SECTION 6 — SUBSCRIPTIONS AND AUTO-RENEWAL
6.1. Subscription Orders. If you enroll in a subscription or auto-ship program, you authorize us to charge your payment method on a recurring basis at the intervals and prices disclosed at the time of enrollment, until you cancel.
6.2. Cancellation. You may cancel your subscription at any time by contacting us at help@folqs.co or through your account settings. Cancellations must be received before the next billing date to avoid being charged for the next shipment. Refunds for subscription orders are subject to our Return & Refund Policy.
6.3. Price Changes. We may change subscription pricing upon reasonable notice. If you do not agree to the new pricing, you may cancel your subscription before the next billing cycle.
SECTION 7 — SHIPPING AND RETURNS
Shipping and delivery are subject to our Shipping Policy. Returns and refunds are subject to our Return & Refund Policy. Both policies are incorporated into these Terms by reference.
SECTION 8 — ACCOUNT RESPONSIBILITIES
If you create an account on the Site, you are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account information.
SECTION 9 — PROHIBITED USES
In addition to other prohibitions set forth in these Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to violate any applicable international, federal, state, or local laws or regulations; (d) to infringe upon our intellectual property rights or those of others; (e) to harass, abuse, insult, defame, intimidate, or discriminate against any individual or group; (f) to submit false or misleading information; (g) to upload or transmit viruses, malware, or other malicious code; (h) to collect or track the personal information of others without their consent; (i) to spam, phish, scrape, or crawl the Site; (j) to interfere with or circumvent the security features of the Site; or (k) to reverse-engineer, decompile, or disassemble any aspect of the Site.
We reserve the right to terminate your access to the Site for violating any of these prohibited uses, without notice and without liability to you.
SECTION 10 — INTELLECTUAL PROPERTY
All content on the Site — including text, graphics, logos, images, product descriptions, software, and compilation thereof — is the property of MV Nutrition LLC or its licensors and is protected by U.S. and international intellectual property laws. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site without our express written permission.
SECTION 11 — USER CONTENT AND SUBMISSIONS
If you submit any content to us (including reviews, comments, suggestions, feedback, creative ideas, or other materials), whether solicited or unsolicited, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, distribute, and display such content in any medium. You represent and warrant that your submissions do not violate the rights of any third party and do not contain unlawful, defamatory, or obscene material. We are under no obligation to maintain, compensate you for, or respond to any submissions.
SECTION 12 — THIRD-PARTY LINKS AND TOOLS
The Site may contain links to third-party websites or provide access to third-party tools that we neither control nor monitor. Such links and tools are provided "as is" and "as available" without any warranty or endorsement. We are not responsible for the content, accuracy, policies, or practices of any third-party website or tool. Your use of third-party links and tools is at your own risk, and you should review the terms and policies of any third-party site before engaging with it.
SECTION 13 — DISCLAIMER OF WARRANTIES
THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM USE OF THE SITE OR PRODUCTS WILL BE ACCURATE OR RELIABLE; (C) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR (D) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SECTION 14 — LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOLQS, MV NUTRITION LLC, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS, OR LICENSORS (COLLECTIVELY, THE "FOLQS PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR PRODUCTS, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE FOLQS PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR ANY PRODUCT SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO FOLQS FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations above shall apply to the fullest extent permitted by law.
SECTION 15 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Folqs Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use of the Site or products; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third-party rights, including intellectual property or privacy rights; or (e) any content you submit to or through the Site. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense.
SECTION 16 — DISPUTE RESOLUTION: MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
16.1. Agreement to Resolve Disputes. You and Folqs agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, any product purchased through the Site, or any aspect of the relationship between you and Folqs (collectively, "Disputes") shall be resolved exclusively through the tiered dispute resolution process set forth in this Section 16 (good faith negotiation, then mediation, then binding arbitration), rather than in court, except as set forth below. This agreement is intended to be broadly interpreted and includes, but is not limited to, claims arising under federal, state, or local statutory or common law, including contract, tort, fraud, consumer protection, and any other legal theory. The parties agree that the Federal Arbitration Act shall govern the interpretation and enforcement of this Section 16.
16.2. Step 1: Good Faith Negotiation. The party initiating the Dispute shall provide the other party with written notice, including the party's name, address, email, the nature of the claim, and the specific relief sought (a "Notice of Dispute"). Notices to Folqs shall be sent to help@folqs.co. Within thirty (30) days of such notice, the parties shall engage in good faith communications with one another in an effort to resolve the Dispute.
16.3. Step 2: Mandatory Mediation. If the parties are unable to resolve the Dispute through negotiation within the thirty (30) day period, they agree, as a condition precedent to arbitration, to endeavor to settle the Dispute by mediation administered by JAMS pursuant to its Mediation Rules & Procedures then in effect. The mediation shall be conducted in the State of Delaware (or remotely by agreement of the parties). The professional fees of the mediator and any administrative costs of the mediation shall be borne equally by the parties. Each party shall bear its own attorneys' fees in connection with the mediation.
16.4. Step 3: Binding Arbitration. If the Dispute is not settled by mediation within one hundred twenty (120) days from the date the mediation is initiated, such Dispute shall thereafter be finally settled by binding arbitration. The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules & Procedures then in effect (the "JAMS Rules"). The JAMS Rules are available at www.jamsadr.com. If JAMS is unavailable or unwilling to administer the arbitration, the parties shall agree on an alternative arbitral forum. If the parties cannot agree, a court of competent jurisdiction shall appoint an arbitrator.
16.5. Delegation Clause. The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. This delegation clause is an agreement to arbitrate threshold issues of arbitrability and shall be governed by the Federal Arbitration Act.
16.6. Arbitration Procedures. The arbitration shall be conducted by a single, neutral arbitrator. The arbitrator shall have exclusive authority to resolve all Disputes, including the arbitrability of any claim. The arbitration shall be conducted in English. Unless otherwise agreed by the parties, the arbitration shall take place in New Castle County, Delaware, or, at the claimant's election, may be conducted by telephone, videoconference, or based on written submissions.
16.7. Arbitration Fees and Costs. The professional fees of the arbitrator and any JAMS administrative costs shall be borne equally by the parties. Each party shall be responsible for its own attorneys' fees and costs, regardless of the outcome. The arbitrator shall not have the authority to award attorneys' fees to either party unless a specific statute expressly authorizes such an award and the arbitrator determines that the statutory requirements are met.
16.8. Arbitrator's Authority. The arbitrator may award any relief that a court of competent jurisdiction could award, including injunctive or declaratory relief, but only to the extent necessary to provide relief warranted by the individual claim. The award rendered by the arbitrator shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof.
16.9. CLASS ACTION AND JURY TRIAL WAIVER. THE PARTIES AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, MULTI-PLAINTIFF ACTION, OR CONSOLIDATED PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE PARTIES FURTHER AGREE THAT THEY ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A JURY TRIAL. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THEN THAT CLAIM OR REQUEST FOR RELIEF SHALL BE SEVERED AND PROCEEDED IN A COURT OF COMPETENT JURISDICTION UNDER SECTION 17 (GOVERNING LAW AND VENUE), AND THE REMAINING CLAIMS SHALL BE ARBITRATED.
16.10. Exceptions to Arbitration. Notwithstanding the above, either party may: (a) bring an individual action in small claims court for Disputes within the court's jurisdictional limits; or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
16.11. Opt-Out. You may opt out of this arbitration provision by sending written notice to Folqs at 800 N King St Ste 304 1909, Wilmington, DE 19801, or by email to help@folqs.co, within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, address, email, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, the remaining provisions of these Terms will continue to apply. Opting out of arbitration does not affect the class action waiver in Section 16.9, which shall remain in effect to the fullest extent permitted by law.
16.12. Mass Arbitration. If twenty-five (25) or more similar Disputes are filed against Folqs within a sixty (60) day period, or if a counsel or coordinated group files or threatens to file arbitration demands on behalf of twenty-five (25) or more individuals, the parties agree that such Disputes constitute "Mass Arbitration." In the event of Mass Arbitration: (a) the parties shall cooperate with JAMS (or the agreed-upon arbitration administrator) to adopt procedures for efficient resolution, including batching of claims; (b) an initial set of no more than ten (10) individual arbitrations ("Bellwether Arbitrations") shall be selected — five (5) chosen by claimants' counsel and five (5) chosen by Folqs — and the remaining claims shall be stayed pending resolution of the Bellwether Arbitrations; (c) the results of the Bellwether Arbitrations shall be used to facilitate settlement discussions for the remaining claims; and (d) if settlement is not reached within ninety (90) days after the Bellwether Arbitrations are concluded, additional batches shall be arbitrated in groups of no more than fifty (50), selected on a randomized basis. All fees for Mass Arbitration shall continue to be split equally between the parties as provided in Section 16.7. Nothing in this Section alters the individual nature of each arbitration or the class action waiver in Section 16.9.
16.13. Survival. This Section 16 shall survive the termination of these Terms and your use of the Site.
SECTION 17 — GOVERNING LAW AND VENUE
These Terms and any Dispute arising out of or related to these Terms, the Site, or any product purchased through the Site shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles. To the extent that any Dispute is permitted to be brought in court (as set forth in Section 16), you and Folqs agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in New Castle County, Delaware, and you waive any objection to jurisdiction or venue in such courts.
SECTION 18 — PERSONAL INFORMATION AND PRIVACY
Your submission of personal information through the Site is governed by our Privacy Policy, which is incorporated into these Terms by reference.
SECTION 19 — SMS/TEXT MESSAGING SERVICE
19.1. Consent. By consenting to Folqs's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Folqs through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Messages may be sent using an automatic telephone dialing system or other technology.
19.2. Message Types. Service-related messages may include order updates, account alerts, and transactional information. Promotional messages may include promotions, specials, cart reminders, and marketing offers.
19.3. No Purchase Required. Consent to SMS messages is not a condition of any purchase. Your participation is voluntary.
19.4. Costs. We do not charge for the service, but standard message and data rates from your wireless provider may apply. Message frequency varies.
19.5. Opt-Out. Text STOP to 800-975-4495 or click the unsubscribe link in any text message to cancel. You will receive a one-time opt-out confirmation. No further messages will be sent unless you re-subscribe.
19.6. Support. Text HELP to 800-975-4495 or email help@folqs.co.
19.7. Carrier Liability. Wireless carriers are not liable for delayed or undelivered messages. To the extent permitted by applicable law, we are not liable for failed, delayed, or misdirected delivery of information sent through the SMS service.
SECTION 20 — ERRORS, INACCURACIES, AND OMISSIONS
The Site may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping, and availability. We reserve the right to correct any errors and to change or update information or cancel orders at any time without prior notice, including after order submission. We are not obligated to update information on the Site except as required by law.
SECTION 21 — FORCE MAJEURE
We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure results from events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, supply chain disruptions, wars, terrorism, labor disputes, power failures, internet outages, or carrier delays.
SECTION 22 — SEVERABILITY
If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent.
SECTION 23 — ENTIRE AGREEMENT AND WAIVER
These Terms, together with our Privacy Policy, Return & Refund Policy, and Shipping Policy, constitute the entire agreement between you and Folqs regarding the Site and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written. The failure of Folqs to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in interpretation shall not be construed against the drafting party.
SECTION 24 — ASSIGNMENT
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
SECTION 25 — TERMINATION
We may terminate or suspend your access to the Site at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Site ceases immediately. All provisions of these Terms that by their nature should survive termination shall survive, including Sections 10, 11, 13, 14, 15, 16, 17, and 24.
SECTION 26 — CONTACT INFORMATION
Questions about these Terms of Service should be directed to:
MV Nutrition LLC, DBA Folqs
800 N King St Ste 304 1909
Wilmington, DE 19801
Email: help@folqs.co
Phone: 800-975-4495
