Terms of Use

These Terms of Use apply to you when you view, access or otherwise use the website (“Terms of Use”) located at www.playboywellness.com or other related websites and/or mobile applications operated by AVS (collectively the “Site”). These Terms of Use and our Privacy Policy will each be amended from time to time, as well as any other rules and restrictions set forth on this website. The Site is owned and operated by AVS Products, LLC (“AVS”). By accessing or using the Site, purchasing and/or using the products and/or services provided by AVS, and or providing your personal information to AVS, “you” are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the Site.

You may be asked to provide certain personal information to use from time to time. Your personal information will be collected, used and disclosed by AVS in accordance with AVS’s Privacy Policy which is available on this Site

License to Use the Site

We grant you a personal, limited, non-exclusive and revocable license to access and make personal use of this site. However, you may not download or modify the site, except with the express written consent of AVS. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant or any other party. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of AVS.

AVS reserves the right to make changes to our site, policies, and these Terms of Use at any time.

By accessing the Site, you also agree to the following:

  1. a) You are at least 18 years old;
  2. b) You are allowed by law to use the credit card you have provided; and
  3. c) You understand that any statement on this site or any materials or supplements distributed or sold by www.playboywellness.com have not been evaluated by the Food and Drug Administration. The products on this Site are not intended to diagnose, treat, cure, or prevent any disease. If you are pregnant, nursing, taking medication, or have any medical condition, we suggest consulting with a physician before using any of our products. The results on all products are not typical and not everyone will experience these results.
  4. d) Should you have any allergic reactions you will seek emergency help immediately

Account Information

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. AVS and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Return Policy

To be considered for reimbursement, products purchased through standard delivery ("all non-auto-ship purchased Products") must be unopened and in the original packaging. To return a Product you must do the following: Call us at (855) 226-8191 within 30 days of purchase (product issues not declared within 30 days of purchase are not entitled to a refund). You will be given a Return Merchandise Authorization (RMA) number. To receive your refund, you must postmark your return package within 30 days of purchase. Be sure to clearly write the RMA number on the outside of the box. Our shipping department does NOT accept any packages without an RMA number. You must pay for return shipping.

 We will not accept or issue a refund for any packages marked return to sender or refused. If you return a package, we recommend that you get proof of shipment. Upon receipt of your returned Product with a valid RMA number, a refund will be issued to your credit card for a full refund of the purchase price including shipping and processing. Please allow one or two billing cycles for the return to be posted to your account, depending on your financial institution.

Access to the Website

You or AVS may suspend or terminate your access to the website at any time, for any reason or for no reason at all. AVS has the right (but not the obligation) to refuse to provide access to the website to any person, or to prohibit any person from using the website, at any time, for any reason or for no reason at all, in our sole discretion. You represent and warrant that you are 18 years of age and possess the legal right and ability to agree to these Terms of Use and to use the website in accordance with these Terms of Use. AVS maintains this website from offices in the US and makes no representation that materials on the website are appropriate or available for use in other locations. If you access this website from a location outside the US, you do so at your own risk and initiative and are responsible for compliance with applicable laws at your location.

Accuracy of Information

We attempt to ensure that the information on the Site is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Website; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website.

Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "PLACE MY ORDER", "I ACCEPT" or such similar links as may be designated by AVS, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms of Use. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY AVS PRODUCTS, LLC. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

Fees and Payments

If you elect to use features of the Site and/or purchase products that involve the payment of any fees, you agree to pay, and will be responsible for payment of such fees in accordance with the billing terms in effect at the time a fee is due and payable. Unless otherwise stated, all fees are quoted in U.S. Dollars. All payments shall be facilitated through AVS’s third-party payment processing service. You hereby authorize AVS to charge you, for all fees as they become due, and represent and warrant that you are authorized to use any and all payment information you provide. If your payment method fails or fees associated with your account are past due, we may collect fees using other collection mechanisms, including charging other payment methods on file and/or retaining collection agencies and legal counsel. Subject to compliance with any notice or waiting period provided by applicable law, we may also block your account pending resolution of any amount due by you to AVS. Charges will appear on your credit card statement from PB Wellness.

Sales Tax

If you purchase any products on the Site, you will be responsible for paying any applicable sales tax indicated on the Site.

Fraud

We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud, or any other fraud on the Website. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

Privacy Information

Any and all information you post or otherwise provide to us is true and accurate, not misleading, and offered in good faith. When you visit playboyperformance.com, we will not collect any personally identifiable information about you (such as name, address, telephone number, or email address) unless you provide it to us voluntarily. We may store and process your personally identifiable information to better understand your needs and how we may improve our products and services, and we may use your personally identifiable information to contact you. AVS will not give or sell your personally identifiable information to any outside organization for the organization’s own use without your consent. Your information may be shared with agents or contractors of AVS in connection with services that these individuals or entities perform for us. We are committed to keeping secure the data you provide us and will take precautions to protect your personally identifiable information from loss, misuse or alteration. Agents or contractors of AVS who have access to your information in connection with providing services to us are required to keep the information confidential and are not permitted to use information for any other purpose than to carry out services they are performing. In some cases, we may collect information about you that is not personally identifiable. We also may store some information on your computer. This information will be in the form of a “cookie” or similar file and will help us in many ways to tailor website or advertisement. AVS does not collect personally identifiable information automatically, without your permission, but we may tie information collected automatically to your previously submitted personally identifiable information.

Medical Information

This Site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to replace advice provided by a doctor or other qualified health care professional. Users should always consult with a doctor or health care professional for medical advice or treatment.

Trademark

The trademarks and trade dress of AVS and its affiliates may not be used in connection with any third party’s product or service in any manner that is likely to cause confusion among customers or others, or in any manner that disparages or dilutes the strength of AVS and its affiliate’s trademarks. All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AVS Products.

The Playboy trademark and the Rabbit Head Logo is owned by Playboy Enterprises International, Inc. and used under license by AVS Products, LLC.

Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission. You may not deep link to portions of the Site, or frame, inline link, or similarly display any of our property, including, without limitation, the Site.

Accuracy of Information

We strive to accurately and completely describe our products and to provide updated information on our website; however; we do not warrant that product descriptions and information on the website are complete or free from error.

Product Information

All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Our site does not provide or intend to provide answers to medical related questions.

Linked Sites

Our site may contain links to Websites of third parties. We provide these links as a convenience, but do not endorse any linked site nor any of its content. While their information, products, services and information may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any visits to linked sites are at your own risk and governed by their own privacy policies (if any). AVS does not assume any responsibility or liability for the actions, products, or contents of these and any other third parties. Access to any other website linked to this Site at your own risk.

Disclaimer of Liability

Neither our employees nor any person or entity involved in creating, producing any site content or services contained on this site, nor any of their respective directors, employees makes any warranty whatsoever, that the site will be uninterrupted or error free. This site is provided by AVS Products, LLC on an “as is” and “as available” basis. You expressly agree that your use of this site is at your sole risk.

AVS PRODUCTS, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (including negligence and strict liability), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE PRODUCTS, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND/OR PRODUCTS. THE AGGREGATE LIABILITY OF AVS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR PRODUCTS IS LIMITED TO THE LESSER OF (I)THE AGGREGATE AMOUNT OF FEES ACTUALLY PAID BY YOU TO AVS OR (II) ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

Indemnification and Release

You agree to indemnify defend and hold harmless AVS and its officers, directors, employees, consultants, affiliates, representatives, and agents and other users and visitors of the Site, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys fees) result of or arising out of or related to (a) any information you submit, post, or transmit through the Site, (b) your use of the Site and/or products, (c) your violation of any provisions of these Terms of Use, (d) your violation of any rights of any other person or entity, or (e) any viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines input by you into the Site.

You hereby release AVS, its officers, directors, employees, consultants, representatives and agents from any and all claims, demands, losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site or the products. If you are a California resident, you hereby waive California Civil Code Section 1542, which provide that “a general release does not extend to claims which with creditor does not know or suspect to exist in his favor at the time of executing his release which, if known by him must have materially affected his settlement with the debtor.”

Governing Law 

By visiting this Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, shall govern these Terms of Use and any dispute of any kind that may arise.

Any dispute arising out of or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Los Angeles, California under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without posting of bond or other security. The parties agree to the Personal and Subject Matter Jurisdiction and Venue of the courts located in Los Angeles, California, for any action related to the Terms of Use. The failure of AVS to exercise or enforce any rights or provisions of these Terms of Use will not constitute waiver of such rights or provisions. You agree that irrespective of any statute or law to the contrary, any claim, or cause of action arising out of or related to use of this Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights

ANY DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE WITH VIA THIS SITE, ANY INFORMATION YOU PROVIDE VIA THE SITE, THESE TERMS AND CONDITIONS (INCLUDING ITS FORMATION, PERFORMANCE OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITE SHALL BE SUBMITTED INDIVIDUALLY BY YOU, AND SHALL NOT BE SUBJECT TO ANY CLASS ACTION OR REPRESENTATIVE STATUS. BY ENTERING INTO THIS T&C, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM SUBMITTED TO ARBITRATION. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST AVS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AND YOU ARE GIVING UP THE RIGHT TO LITIGATE THROUGH A COURT, OR TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

Miscellaneous

You acknowledge and understand that if the Site is unable to provide the products as a result of an event outside of its control, the Site will not be in breach of any of its obligations towards you under these Terms. This agreement contains the entire understanding between you and us regarding the use of the Site, and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto. This agreement will be binding upon each party hereto and its successors and permitted assigns. These Terms of Use and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use all of which will remain in full force and effect.

Contact Us

If you have any questions, comments or concerns regarding these Terms of Use, or our Privacy Policy please call us at (877) 202-6480 or send an email to info@playboywellness.com.

For all product and order inquiries, including subscriptions, returns and cancellations, please contact us at support@playboywellness.com or call (855) 226-8191.