TheracelLab Website Terms & Conditions

Welcome to TheracelLab, an independent publication and business operated by Variana Volk ("TheracelLab," "we," "us," or "our").

These Terms & Conditions ("Terms") govern your access to and use of the TheracelLab website and any content, products, downloadable materials, communications, features, or services offered directly through or in connection with the website (collectively, the "Site" or "Services").

By accessing or using the Site, purchasing a product, downloading materials, submitting information, or otherwise using the Services, you agree to these Terms to the extent permitted by applicable law.

If you do not agree to these Terms, do not use the Site or Services.

1. Substack Publication

TheracelLab also operates a publication through Substack. Subscriptions to and interactions with the TheracelLab Substack publication are subject to the separate TheracelLab Publisher Terms made available through that publication, as well as Substack's applicable terms and policies.

The TheracelLab Publisher Terms govern the publisher-subscriber relationship and activities occurring specifically through the Substack publication. These Website Terms govern use of the TheracelLab website and products, content, transactions, and Services offered directly through or in connection with the website.

Where the same activity is expressly governed by both agreements and their terms conflict, the TheracelLab Publisher Terms will control with respect to activity occurring through the Substack publication.

2. Nature and Purpose of TheracelLab Content

TheracelLab is an independent editorial and educational publication and business.

The Site may discuss scientific research, physiology, nutrition, metabolism, lifestyle, exercise, foods, supplements, medications, medical treatments, health practices, historical and traditional practices, emerging research, experimental or investigational approaches, off-label uses, personal experiences, opinions, hypotheses, and other health-related subjects.

Content may include established science as well as preliminary, emerging, controversial, historical, traditional, experimental, or non-consensus ideas and practices.

Discussion of any idea, substance, medication, treatment, product, dose, protocol, practice, therapy, intervention, or research finding does not constitute a representation or warranty that it is safe, effective, appropriate, lawful, approved, or suitable for any particular person or circumstance.

Publication or discussion of such material is part of TheracelLab's editorial and educational activities and does not, by itself, constitute an endorsement, prescription, instruction, or guarantee.

3. No Medical or Professional Relationship

Content provided through the Site is for general educational and informational purposes.

TheracelLab does not provide individualized medical diagnosis, treatment, prescribing, or professional healthcare services through the Site unless expressly stated in a separate written agreement.

No physician-patient, clinician-patient, practitioner-client, therapist-client, consultant-client, or other professional healthcare relationship is created by:

• accessing or reading the Site;
• purchasing or downloading a product or resource;
• submitting a form;
• sending or receiving an email or message;
• asking a question;
• receiving a response from TheracelLab or its author;
• following a link or recommendation; or
• otherwise interacting with the Site or Services.

Any response to a question or communication remains part of TheracelLab's general educational, editorial, or customer-service activities unless TheracelLab expressly enters into a separate written professional agreement stating otherwise.

4. Health Information, Protocols, Dosages, and Personal Experience

The Site may include discussion of specific dosages, schedules, combinations, routes of administration, protocols, treatment methods, exercises, dietary practices, or other interventions.

Such information may be included for purposes such as:

• reporting or discussing scientific research;
• describing published protocols;
• analyzing historical or contemporary practices;
• discussing an intervention or treatment approach;
• comparing methods or products; or
• recounting personal experience.

The inclusion of such information does not establish that the described approach is appropriate for you and does not constitute individualized instruction.

The Site may also contain first-person accounts involving foods, supplements, medications, treatments, exercise, lifestyle practices, products, or other interventions.

Such accounts describe individual experiences and do not constitute a warranty, prediction, or guarantee that another person will experience the same result.

Health decisions may depend on individual circumstances including medical history, medications, allergies, sensitivities, contraindications, pregnancy, age, underlying conditions, and other factors.

You are responsible for evaluating whether and how to use information discussed on the Site.

5. Scientific and Editorial Content

Scientific and medical knowledge changes over time.

Research may be incomplete, preliminary, disputed, subsequently contradicted, replicated imperfectly, interpreted differently, or replaced by newer evidence.

TheracelLab does not warrant that all Content is complete, current, error-free, or consistent with prevailing scientific or medical consensus.

Content reflects information, evidence, analysis, opinion, and circumstances available at or around the time of publication.

TheracelLab has no obligation to revise or update previously published Content when scientific research, medical guidance, regulation, product formulations, product availability, or other circumstances later change.

Nothing on the Site should be interpreted as a representation that a cited study, hypothesis, biological mechanism, historical practice, traditional practice, personal experience, or observational finding establishes safety or effectiveness for every person.

6. Reader Responsibility and Assumption of Risk

You understand that acting on health-related information may involve risks, including adverse effects, allergic reactions, medication or supplement interactions, worsening of an existing condition, injury, illness, or other unintended consequences.

You voluntarily assume the risks associated with decisions you make after reading or interacting with the Site.

You remain responsible for determining whether any food, supplement, medication, treatment, exercise, product, practice, protocol, device, or other intervention discussed on the Site is appropriate for your circumstances.

Nothing in these Terms limits rights or remedies that cannot lawfully be limited or waived.

7. Third-Party Products, Services, and Resources

The Site may discuss, review, recommend, criticize, compare, link to, or otherwise reference third-party products, manufacturers, retailers, practitioners, services, websites, research organizations, or other third parties.

Unless expressly stated otherwise, TheracelLab is not the manufacturer, distributor, formulator, seller, operator, or provider of third-party products or services.

A reference, review, recommendation, comparison, discussion, or link does not constitute an independent warranty by TheracelLab regarding a third party's:

• ingredients or formulation;
• manufacturing practices;
• purity or quality;
• labeling;
• regulatory compliance;
• safety;
• effectiveness;
• suitability;
• availability;
• business practices; or
• representations.

Third-party products, formulations, ingredients, labels, ownership, availability, and manufacturing practices may change without notice.

TheracelLab is not responsible for changes made by a manufacturer, seller, service provider, or other third party after Content has been published.

Your purchase or use of third-party products or services is governed by your relationship with the applicable third party.

8. Affiliate Links, Sponsorships, and Commercial Relationships

Some Content may include affiliate links, sponsorships, complimentary products, paid partnerships, or other commercial relationships.

Where required by applicable law, material commercial relationships will be disclosed in connection with the relevant Content.

If you purchase through an affiliate link, TheracelLab may receive a commission at no additional cost to you.

Compensation does not transfer responsibility for the manufacture, formulation, safety, effectiveness, quality, labeling, or regulatory compliance of a third-party product or service to TheracelLab.

9. Products and Digital Materials Sold by TheracelLab

TheracelLab may offer digital or physical products, including books, guides, educational materials, downloadable resources, or other products.

By making a purchase, you agree to provide accurate billing, contact, and, where applicable, shipping information.

Delivery dates and availability estimates are not guaranteed unless expressly stated otherwise.

Except where otherwise required by applicable law:

• physical product sales are final unless a different return or refund policy is stated at the time of purchase;
• digital products are non-refundable once delivered, downloaded, accessed, or otherwise made available; and
• subscription or recurring charges already incurred are non-refundable unless otherwise stated.

Additional terms displayed in connection with a particular product, transaction, promotion, or service may also apply.

10. No Medical Claims Created by Product Purchase

The availability of a product, guide, resource, protocol, or other material for purchase through TheracelLab does not create a healthcare relationship and does not convert educational Content into individualized medical advice.

Unless expressly and lawfully stated otherwise, no product or resource offered by TheracelLab is represented as intended to diagnose, treat, cure, or prevent disease.

Purchasing a product or resource does not mean that TheracelLab has determined that the product, information, or practices described are suitable for your individual circumstances.

11. Website Communications and User Submissions

The Site may allow users to submit forms, messages, reviews, testimonials, comments, questions, or other communications.

Statements made by users or third parties are their own and do not represent TheracelLab's views or advice.

TheracelLab does not undertake to verify the accuracy, safety, legality, or reliability of third-party submissions.

TheracelLab may remove, restrict, moderate, or decline to publish submitted material at its discretion, subject to applicable law.

By submitting material intended for publication, display, or testimonial use, you represent that you have the right to provide it and that it does not violate applicable law or the rights of another person.

12. Intellectual Property

Unless otherwise stated, original Content created by TheracelLab, including text, graphics, original images, videos, protocols, compilations, downloadable materials, product materials, branding, and other original works, is owned by or licensed to TheracelLab and is protected by applicable intellectual-property laws.

You may not reproduce, republish, distribute, sell, license, modify, create derivative works from, systematically scrape, commercially exploit, or make paid Content or digital products available to others without prior written permission, except as permitted by applicable law.

You may share ordinary links to publicly available Content and quote limited portions where legally permitted, provided appropriate attribution is given and the use does not reproduce a substantial portion of protected Content.

13. Acceptable Use

You agree not to use the Site or Services to:

• violate applicable law;
• infringe intellectual-property, privacy, publicity, or other rights;
• interfere with the operation, security, or integrity of the Site;
• gain unauthorized access to restricted Content, systems, accounts, or data;
• scrape or systematically extract Content without authorization;
• copy, redistribute, resell, or commercially exploit protected Content;
• impersonate another person or misrepresent your identity;
• introduce malicious code or other harmful material;
• harass, threaten, defame, or unlawfully target another person; or
• use the Site in a manner that materially interferes with another person's lawful use.

14. Privacy

Your use of the Site is also subject to the TheracelLab Privacy Policy.

Third-party platforms, payment processors, email providers, affiliate networks, analytics services, or other service providers may separately process personal information under their own privacy policies and terms.

15. External Links

The Site may contain links to third-party websites, platforms, products, services, research, or resources.

TheracelLab does not control third-party websites and is not responsible for their content, security, privacy practices, products, services, availability, representations, or policies.

A link does not necessarily constitute endorsement.

You access third-party websites and services at your own discretion and subject to their applicable terms and policies.

16. No Warranties

To the fullest extent permitted by applicable law, the Site, Services, Content, products, and materials provided by TheracelLab are provided "AS IS" and "AS AVAILABLE."

TheracelLab disclaims all warranties, express or implied, including warranties of accuracy, completeness, reliability, merchantability, fitness for a particular purpose, non-infringement, availability, or any particular result.

TheracelLab does not warrant that:

• Content will always be accurate, complete, current, or error-free;
• any particular information, product, intervention, method, or practice will produce a particular result;
• the Site or Services will always be available, secure, uninterrupted, or free from technical defects; or
• third-party products or services discussed on the Site will be safe, effective, accurately labeled, available, or suitable for you.

17. Limitation of Liability

To the fullest extent permitted by applicable law, TheracelLab and its owner, affiliates, contractors, employees, contributors, and agents will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from or relating to the Site, Services, Content, products, or your reliance on information provided through them.

This includes, without limitation, claims or losses arising from:

• reliance on Content;
• decisions made after reading or interacting with the Site;
• use or misuse of any food, supplement, medication, treatment, product, protocol, exercise, device, or practice discussed on the Site;
• illness, injury, adverse reaction, allergic reaction, interaction, or other health consequence;
• errors, omissions, outdated information, or inaccuracies;
• interruption or loss of access to the Site;
• third-party products, websites, practitioners, retailers, services, or resources;
• unauthorized access to or use of systems or data; or
• user-generated or third-party content.

To the fullest extent permitted by applicable law, the aggregate liability of TheracelLab and its owner, affiliates, contractors, employees, contributors, and agents arising out of or relating to the Site, Services, Content, products, or transactions will not exceed the greater of:

(a) one hundred U.S. dollars ($100); or

(b) the total amount you paid directly to TheracelLab during the twelve months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability to the extent such liability cannot lawfully be excluded or limited.

Except where applicable law provides otherwise, your sole remedy for dissatisfaction with the Site or Content is to stop accessing or using it.

18. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless TheracelLab and its owner, affiliates, contractors, employees, contributors, and agents from claims, liabilities, losses, damages, judgments, costs, and reasonable attorneys' fees arising from or relating to:

• your unlawful or unauthorized use of the Site or Services;
• your material violation of these Terms;
• your infringement or violation of another person's intellectual-property, privacy, publicity, or other rights;
• material you submit, post, transmit, or distribute through the Site; or
• your unauthorized copying, redistribution, resale, or commercial exploitation of TheracelLab Content or products.

This Section does not require you to indemnify TheracelLab for liabilities that applicable law does not permit TheracelLab to shift to you.

19. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO HAVE CERTAIN DISPUTES DECIDED BY A COURT OR JURY.

19.1 Informal Resolution

Before initiating arbitration, either party must provide the other with written notice describing the dispute and requested relief.

The parties will attempt in good faith to resolve the dispute informally for at least thirty (30) days after receipt of the notice.

A notice to TheracelLab may be sent to: variana@theracellab.com

If the dispute is not resolved during that period, either party may proceed as provided below.

19.2 Binding Individual Arbitration

Except for matters specifically excluded below, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, Services, Content, purchases, products, or the relationship between you and TheracelLab will be resolved by binding individual arbitration rather than in court.

The arbitration will be administered by JAMS under the JAMS rules applicable to the dispute, including the JAMS Consumer Arbitration Minimum Standards where applicable.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

19.3 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THERACELLAB EACH WAIVE THE RIGHT TO A TRIAL BY JURY FOR DISPUTES SUBJECT TO THIS ARBITRATION AGREEMENT.

Arbitration involves a neutral arbitrator rather than a judge or jury and is subject to more limited judicial review than a court proceeding.

19.4 Arbitration Procedure and Location

Unless TheracelLab and the claimant mutually agree otherwise, arbitration hearings will be conducted remotely by video conference, telephone, written submissions, or other remote means permitted by the applicable JAMS rules.

If the arbitrator determines that an in-person hearing is reasonably necessary and cannot reasonably be conducted remotely, the hearing will take place in California, subject to applicable law and the JAMS Consumer Arbitration Minimum Standards.

A consumer will not be required to travel to California if doing so would preclude or materially impair the consumer's reasonable access to arbitration. In that circumstance, the consumer may participate remotely or through another procedure permitted by JAMS.

TheracelLab and its owner will not be required to travel outside California to participate in an arbitration unless TheracelLab expressly agrees otherwise in writing or applicable law requires otherwise.

Nothing in this Section will be interpreted or applied in a manner that violates applicable law or applicable JAMS consumer arbitration standards.

The arbitrator may award any individual remedy or relief that a court could award under applicable law, subject to the limitations and defenses that would apply in court.

The arbitrator will have authority to decide issues concerning the scope, applicability, enforceability, or interpretation of this arbitration agreement, except that a court of competent jurisdiction will decide disputes concerning the enforceability of the Class and Representative Action Waiver below to the extent applicable law requires.

19.5 Class and Representative Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DISPUTES MUST BE BROUGHT AND RESOLVED ON AN INDIVIDUAL BASIS.

You and TheracelLab agree not to bring or participate in any class, collective, consolidated, coordinated, mass, or representative arbitration or action against the other, except to the extent applicable law prohibits such a waiver.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that individual party's claim.

If applicable law requires a court rather than an arbitrator to determine the enforceability of this Section, that question will be decided by a court of competent jurisdiction.

19.6 Small Claims Court

Either party may bring an individual claim in small claims court if the claim qualifies and remains within that court's jurisdiction.

19.7 Intellectual-Property and Injunctive Relief

Notwithstanding the arbitration requirement, TheracelLab may seek temporary, preliminary, or other injunctive or equitable relief in a court of competent jurisdiction where reasonably necessary to protect intellectual property, prevent unauthorized access to restricted Content, prevent unauthorized redistribution or resale of Content or products, address security threats, or prevent other immediate or irreparable harm.

19.8 Non-Arbitrable Claims and Court Venue

If a dispute is determined not to be subject to arbitration, or if applicable law permits or requires a claim to proceed in court, then, except where applicable law requires otherwise, the dispute will be brought exclusively in the state or federal courts having jurisdiction in Alameda County, California.

You consent to personal jurisdiction and venue in those courts to the fullest extent permitted by law.

19.9 Severability of Arbitration Provisions

If any portion of this arbitration agreement is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain effective, except where applicable law requires a different result.

19.10 Survival

This arbitration agreement survives termination of these Terms, closure of an account, completion of a purchase, cancellation of a subscription, or cessation of use of the Site or Services.

20. Governing Law

Except where applicable law requires otherwise, these Terms and any dispute arising out of or relating to them, the Site, Services, Content, products, or transactions will be governed by the laws of the State of California, without regard to conflict-of-law principles.

The Federal Arbitration Act governs the arbitration provisions in Section 19.

Nothing in these Terms is intended to eliminate mandatory consumer rights that cannot lawfully be waived.

21. International Users

TheracelLab is operated from the United States.

The Site may be accessible from other jurisdictions. Accessibility from another jurisdiction does not constitute a representation that the Site, Content, Services, products, practices, or materials discussed are lawful, approved, appropriate, or available in that jurisdiction.

You are responsible for complying with laws applicable to your own use of the Site and Services.

Nothing in these Terms waives mandatory consumer rights that cannot lawfully be waived.

22. Changes to the Site and Services

TheracelLab may modify, suspend, discontinue, replace, or restrict access to any part of the Site, Content, product offering, or Services at any time, subject to applicable law and any obligations relating to purchases already completed.

TheracelLab does not guarantee that any particular Content, product, resource, or feature will remain available indefinitely.

23. Termination or Restriction of Access

TheracelLab may restrict or terminate access to Services where reasonably necessary because of misuse, unlawful conduct, violation of these Terms, unauthorized redistribution of Content, fraud, security concerns, or other material abuse.

Termination does not eliminate obligations that by their nature survive termination, including intellectual-property restrictions, payment obligations already incurred, limitation of liability, indemnification, and dispute-resolution provisions.

24. Severability

If any provision of these Terms is found invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.

25. No Waiver

Failure by TheracelLab to enforce any provision of these Terms does not waive the right to enforce that provision or any other provision later.

26. Entire Agreement

These Terms, together with the TheracelLab Privacy Policy and any additional terms expressly presented in connection with a particular product, transaction, or Service, constitute the agreement governing your use of the Site and Services.

The separate TheracelLab Publisher Terms govern the TheracelLab Substack publication as described in Section 1.

Third-party platforms and services may separately impose their own terms and policies.

27. Changes to These Terms

TheracelLab may revise these Terms from time to time.

The current version will be posted on the Site with an updated "Last Updated" date.

Your continued use of the Site after revised Terms become effective constitutes acceptance to the extent permitted by applicable law.