PLEASE READ THESE TERMS OF USE CAREFULLY.

 

By accessing or using this Site, you agree to be legally bound by these Terms of Use. Your compliance with these Terms of Use is a condition of your use of this Site. If you do not agree to these Terms of Use, please exit the Site immediately.

Our store is hosted on the Shopify Inc. network, which provides us with the online e-commerce platform that enables us to sell our products and services to you. By accessing our site, you also agree to be bound by the Terms of Use of Shopify. If you do not agree to these Terms of Use, please exit this site immediately.

1. Parties. These Terms of Use ("Terms") govern the relationship between You, the viewer, customer, or purchaser of products ("you"), and Us, the owner and operator of this website, Elixir, doing business as "Elixir." References to "we," "us," "this website," or "this site" refer to Elixir.

2. Modification to Terms. We reserve the right to modify these Terms of Use at any time without prior notice by posting an updated version accessible through the Terms of Use link at the bottom of this site’s pages. Please review these Terms periodically for any changes.

3. Age Restrictions. By using this site, you affirm that you are of legal age in your state or province of residence, or that you are of legal age and have given consent for any minor dependent(s) to use this site.

4. No Illegal or Unauthorized Use. You agree not to use this site or our products for any illegal or unauthorized purpose. Your use must comply with all applicable laws in your jurisdiction, including those of your country, federal, state, or local laws. Any violation of these Terms may result in the immediate termination of your access to our Services.

5.     General Restrictions. We reserve the right to refuse service to anyone at any time for any reason.

6.  Use and Restrictions; Website Security. You may use the public areas of this site for personal use only, subject to these Terms and our Privacy Policy. Accessing these areas through unauthorized means is prohibited. Security violations, such as attempting to access data not intended for you or breaching network security, are strictly prohibited. You may not resell, sublicense, transfer, or modify the site without our explicit authorization.

7. Monitoring. We may monitor your site access and usage without notice. By using our site, you consent to such monitoring, as outlined in our Privacy Policy.

8. Copyright Ownership. All materials on this site are exclusively owned by The Pod Company. You may view or download these materials for personal use only, without rights to sell, distribute, or modify them. Unauthorized use violates copyright law.

9. Products or Services; Quality and Quantity. Certain products or services may be available exclusively online, subject to our Refund Policy for returns or exchanges. While we strive for accuracy in product images and descriptions, monitor displays may vary. We reserve the right to limit sales, discontinue products, or adjust pricing without prior notice.

10. Pricing and Service Changes. Product prices and availability are subject to change without notice. We may modify or discontinue services without liability. No refunds are provided for subsequent price reductions or price matching with other sites.

11. Billing and Account Information. To purchase our products, accurate account and payment information are required. We reserve the right to refuse or modify orders, and will notify you of changes using the contact details provided. Orders placed by dealers, resellers, or distributors may be restricted.

12. User Comments, Feedback, or Submissions. By submitting comments or creative ideas to us, you grant us unrestricted rights to use, edit, or distribute them. We are not obligated to maintain the confidentiality of your submissions or compensate you for them. We may monitor and remove comments that violate these Terms or applicable laws.

13. Dangerous Activity. Proper setup and use of products are crucial to prevent harm or property damage. We disclaim liability for misuse or failure to follow safety guidelines. Information on our site is promotional and not a substitute for professional advice.

14. Opinions. The information presented on this site promotes The Pod Company's products.

15. No Guarantees. We do not guarantee the accuracy or completeness of information on our site or in downloadable content. You should seek professional advice and comply with applicable laws and safety measures.

16. Optional Tools. Access to third-party tools is provided "as-is" without warranties or conditions. You assume all risks associated with their use. New features or services introduced in the future will be governed by these Terms.

By using this site, you agree to abide by these Terms of Use. If you do not agree, please refrain from using our site.

 
17. Disclaimer of Warranty; Limitation of Liability.
Please read this section carefully as it affects your legal rights!

(A) Use of the Site: Your use of the site is at your sole risk. Elixir, its present or future parent companies, affiliated companies, employees, agents, third-party content providers, or licensors do not warrant that the site will be uninterrupted or error-free. They make no warranty regarding the results obtained from using the site or the accuracy, reliability, or content of any information, service, or merchandise provided through the site.

(B) Site and Products Disclaimer: The site, including any downloadable content or products sold, are provided "as is" and "as available." Elixir disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, durability, title, or fitness for a particular purpose, except those implied by law and incapable of exclusion. You expressly agree that your use of the services is at your sole risk.

(C) Limitation of Liability: To the fullest extent permissible by applicable law, Elixir, its present or future parent companies, or affiliated companies shall not be liable for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer or device failure or malfunction, or any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from any cause of action related to the use of the site. This includes alleged failures in performance, errors, omissions, interruptions, deletions, defects, delays in service, operation, or transmission of the site; alleged computer viruses; communication line failures; theft; destruction of property; or unauthorized access to, alteration of, or use or posting of any record, content, or technology on this site. This limitation of liability applies whether such allegations arise from breach of contract, tortious behavior, negligence, or any other legal theory, even if Elixir or its affiliates have been advised of the possibility of such damages. You acknowledge that Elixir and its affiliates are not liable for any defamatory, offensive, or illegal conduct of other users or third parties on the site.

(D) Safety and Responsibility: Some products sold on this site may cause harm, injury, or death if used incorrectly, negligently, or by minors without proper adult supervision. You should not use our products if you have consumed alcohol, medications, or drugs. Consult a medical or healthcare provider before using any products if you have medical conditions. Information on this site or about products does not constitute medical advice. In case of danger while using our products, immediately call emergency services.

(E) Assumption of Risk: You agree that the entire risk arising from your access and use of the website and any products purchased remains with you. Neither Elixir nor any other party involved in creating, producing, or delivering the website or products will be liable for any damages, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, even if informed of the possibility of such damage.

(F) Limitation of Liability: In no event shall  Elixir’s liability and that of its affiliates, subsidiaries, officers, directors, employees, and agents arising from or related to the terms or products exceed the total fees paid to us by you, or one hundred U.S. dollars if no payments were made. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you. If applicable law does not allow all or part of the above limitation of liability, it applies to the fullest extent permitted by law. Claims must be conducted on an individual basis and not as a class action or other representative action, and the parties expressly waive the right to file a class action.

This revision clarifies the terms regarding warranty disclaimer, limitation of liability, and user responsibilities when using products sold through the site.

18. No Liability. Elixir disclaims any responsibility for liability arising from the use of information on this site. Use this website at your own risk.

19. No Liability. Elixir disclaims any responsibility for liability arising from the use of information on this site. Use this website at your own risk.

20. Services Subject to State Law. Elixir operates under United States laws.

21. Indemnity. You agree to defend, indemnify, and hold Elixir harmless from third-party claims, damages, and expenses (including attorneys’ fees) arising from your breach of these Terms of Use or violation of the law.

22. Links to This Site. You may create a limited, revocable, nonexclusive hyperlink to this site’s homepage, provided it does not misrepresent Elixir or its products/services. Use of Elixir's logo or trademarks in the link requires prior written permission.

23. Links to Third-Party Websites. Elixir does not control third-party sites linking to or from this site, and is not responsible for their content accuracy or appropriateness. Your use of such sites is at your own risk, subject to their terms of use.

24. Accuracy and Integrity of Information. While Elixir strives for site integrity and accuracy, it does not guarantee correctness or accuracy of the site content. Errors, out-of-date information, or unauthorized alterations may occur. Information may change without notice. Consult a medical professional before relying on site information or using products. Your reliance on site material is at your own risk; we are not liable for resulting damages.

25. Severability. If any provision of these Terms of Use is invalid, illegal, or unenforceable, all other terms remain in full effect.

26. Force Majeure. We are not liable for delivery delays due to causes beyond our control, including Acts of God, civil or military actions, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communication failures.

27. Privacy. Review our Privacy Policy, governing your site visits.

28. Entire Agreement. Our failure to enforce any provision does not waive our rights. These Terms, plus posted policies, supersede prior agreements.

29. Contact Information. Questions? Email us at hello@elixir.com or mail us at 30, N Gould ST STE, N Sheridan, Wyoming 82801

30. SMS

 Consent. By initiating purchase or subscribing, you consent to SMS marketing, including order notifications and offers. Even on do-not-call lists, you consent. Unsubscribe by texting STOP to our messages or using provided links. Message/data rates apply. Changes to numbers or short codes notify you. Failed, delayed, or misdirected texts aren't our liability.

31. Products Warning, Child Supervision, Outdoor Use, and Liability Disclaimer. Use Elixir products cautiously. Avoid unsupervised use around water bodies. Use outdoors to prevent indoor damage. You're responsible for product use and resulting consequences. Elixir isn't liable for injury, death, damage, or misuse. Follow safety instructions. Agreement to terms implies release from liability. For inquiries, email info@myelixir.co