Terms of service
These Terms of Service ("Terms") govern your access to and use of crescentlabs.co and any related content, features, and services (the "Services"), and your purchase of products from Crescent Wellness LLC, a Nevada limited liability company ("Crescent," "we," "us," or "our").
Please read these Terms carefully. They include an arbitration agreement and class action waiver in the Dispute Resolution section below, which affect how disputes between you and Crescent are resolved. You have the right to opt out of the arbitration agreement within 30 days as described in that section.
By accessing the Services, placing an order, or creating an account, you agree to be bound by these Terms. If you do not agree, do not use the Services.
Eligibility
You must be at least 18 years old to use the Services or purchase our products. By using the Services, you represent that you are at least 18 years of age, that you have the legal capacity to enter into these Terms, and that all information you provide is accurate and complete.
Health and Product Disclaimers
These statements have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease.
Our products are dietary supplements, not medicines. Information provided on the Services, including product descriptions, ingredient explanations, blog content, and customer reviews, is for general informational purposes only and is not medical advice. It is not a substitute for consultation with a qualified healthcare provider.
Consult your physician or another qualified healthcare provider before using our products, particularly if you are pregnant, nursing, trying to conceive, taking any medication, or have or suspect you have a medical condition. Discontinue use and consult a healthcare provider if you experience an adverse reaction.
Individual results vary. Customer reviews and testimonials reflect the individual experiences of the people who provided them and are not a guarantee that you will experience the same or similar results.
Review the full ingredient list before use, particularly if you have allergies or sensitivities.
Products, Pricing, and Availability
We make reasonable efforts to describe our products and display their prices accurately, but we do not warrant that product descriptions, images, pricing, or other content on the Services is complete, current, or error-free. Product images are representative; actual product appearance, including gummy color and shape, may vary between batches.
All prices are in U.S. dollars and are subject to change without notice. Product availability is subject to change, and we may limit or cancel quantities purchased per person, per household, or per order.
If a product is listed at an incorrect price or with incorrect information due to an error, we reserve the right to cancel or refuse any order placed at that price, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged and we cancel the order, we will issue a refund in the amount of the charge.
Orders and Payment
Your submission of an order is an offer to purchase. We reserve the right to accept, decline, or limit any order for any lawful reason, including suspected fraud, unauthorized or unlawful activity, errors in pricing or product information, or product unavailability. Our acceptance occurs when we send you an order confirmation or ship the product, whichever is earlier.
You agree to provide current, complete, and accurate purchase and account information for all purchases, and to promptly update your payment method, billing address, email address, and other account information so that we can complete your transactions and contact you as needed.
You authorize us and our payment processors to charge your selected payment method for the total amount of your order, including product price, applicable taxes, and shipping charges. Applicable sales tax is calculated at checkout based on your shipping address.
Shipping and Delivery
Orders are typically processed within 2 business days, excluding weekends and holidays. Delivery timeframes shown at checkout are estimates provided by the carrier and are not guaranteed. We are not responsible for delays caused by carriers, weather, customs, or other circumstances outside our control.
You are responsible for providing a complete and accurate shipping address. We are not responsible for orders delivered to an incorrect address provided by you, and we may charge you for reshipment.
Risk of loss passes to you upon delivery of the products to your specified address. If your order is lost or damaged in transit, contact us and we will work with you to resolve it.
We currently ship primarily within the United States. If we accept an international order, you are the importer of record and are responsible for all customs duties, import taxes, and fees, and for ensuring that the products may lawfully be imported into your country. We are not responsible for products seized, delayed, or refused entry by customs authorities.
Returns and Refunds
First order. If you are not satisfied with your first order, you may request a refund within 30 days of delivery by contacting us at care@crescentlabs.co with your order number. No return is required.
Subsequent orders. Orders after your first are not covered by the 30-day satisfaction guarantee. We may, at our discretion, refund a subsequent order requested within 30 days of delivery if the product is returned to us unopened and unused. If we require a return, we will provide return instructions and a shipping address at that time.
Damaged, defective, incorrect, or lost orders. These are covered on every order, regardless of how many orders you have placed and regardless of the guarantee above. Contact us within 7 days of delivery and we will replace or refund the order at your election and cover any associated shipping.
Refunds are issued to the original payment method. Original shipping charges are non-refundable except where the refund results from our error or a defective product. Please allow 5–10 business days after we process a refund for it to appear on your statement, depending on your financial institution.
We reserve the right to limit or decline refund requests where we identify a pattern of abuse, including repeated refund requests across multiple orders or accounts.
This refund policy applies to purchases made directly through the Services. Products purchased from third-party retailers are subject to that retailer's return policy.
Subscriptions and Recurring Orders
If you enroll in a subscription, you are enrolling in an automatically renewing plan. By placing a subscription order, you authorize us to charge your payment method on a recurring basis at the interval you selected, at the then-current subscription price plus applicable taxes and shipping, until you cancel.
Renewal reminders. We will send an email in advance of each renewal, notifying you of the upcoming charge and the date it will occur. It is your responsibility to keep a current email address on file.
Cancellation. You may cancel your subscription at any time through your account or by contacting us at care@crescentlabs.co. Cancellation is effective for any order that has not yet been submitted for fulfillment. Once an order has been submitted for fulfillment, we are unable to cancel it. In that case, you may refuse delivery, or return the product to us unopened and unused, and we will refund that order upon receipt. Cancellation does not affect orders already delivered, which remain subject to our Refund Policy.
Modifications. You may pause, skip, change the frequency of, or change the products in your subscription through your account, subject to the same fulfillment timing described above.
Price changes. We may change subscription pricing. If we do, we will notify you by email in advance of the change taking effect, and you may cancel before your next renewal if you do not wish to continue at the new price.
Failed payments. If a subscription charge fails, we may retry the charge and may suspend or cancel your subscription. You remain responsible for amounts owed for products already shipped.
Text Message Program
If you provide your mobile number and consent to receive text messages, you agree to receive recurring automated marketing and transactional text messages from Crescent at that number. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply.
Reply STOP to any message to opt out. Reply HELP for assistance, or contact us at care@crescentlabs.co. Carriers are not liable for delayed or undelivered messages. You represent that you are the account holder or authorized user of the mobile number you provide, and you agree to notify us if that number is reassigned.
Accounts
If you create an account, you are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us promptly at care@crescentlabs.co if you believe your account has been accessed without authorization. We may suspend or terminate your account at our discretion, including for violation of these Terms.
Acceptable Use
You agree not to use the Services to: violate any applicable law or regulation; infringe the rights of others; transmit malware or interfere with the operation or security of the Services; use automated means to scrape, harvest, or collect data from the Services; attempt to gain unauthorized access to any portion of the Services; resell our products without our written authorization; or impersonate any person or misrepresent your affiliation with any person or entity.
Reviews and Submissions
You may be able to submit product reviews, ratings, photographs, comments, or other content ("Submissions"). You retain ownership of your Submissions. By making a Submission, you grant Crescent a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display that Submission in any media, including in marketing and advertising, without compensation or attribution to you.
You represent that your Submission is your own original content, is accurate, does not violate any third party's rights, and does not contain unlawful, defamatory, obscene, or abusive material. Do not include personal health information in a Submission.
We are not obligated to publish, monitor, or retain any Submission, and we may remove or edit Submissions at our discretion. We do not endorse and are not responsible for the content of Submissions.
Intellectual Property
The Services and all content on them — including the Crescent name and logo, text, graphics, photographs, product packaging design, and the selection and arrangement of that content — are owned by Crescent or our licensors and are protected by copyright, trademark, and other intellectual property laws.
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial purposes in accordance with these Terms. You may not copy, reproduce, distribute, modify, create derivative works from, or commercially exploit any part of the Services without our prior written consent.
Third-Party Links and Services
The Services may contain links to third-party websites or services that we do not control. We are not responsible for their content, products, privacy practices, or terms. Your dealings with third parties are solely between you and that third party.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected. We do not warrant that our products will achieve any particular result for you.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Nothing in these Terms limits any warranty or right that cannot be limited under applicable law.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CRESCENT AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ANY PRODUCT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO CRESCENT IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless Crescent and its members, managers, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your breach of these Terms, your misuse of the Services or any product, your Submissions, or your violation of any law or the rights of a third party.
Dispute Resolution, Arbitration Agreement, 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, AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
Informal resolution first
Before initiating arbitration or any other proceeding, you and Crescent agree to try to resolve the dispute informally. You must send a written notice describing the dispute and the relief you are seeking to legal@crescentlabs.co and to the mailing address below. We will send any notice to the email address associated with your account or order. Both parties agree to negotiate in good faith for 60 days from the date the notice is received. Neither party may commence arbitration or a lawsuit until that 60-day period has ended. This period tolls any applicable statute of limitations.
Agreement to arbitrate
If the dispute is not resolved informally, you and Crescent agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any product — including questions about the formation, scope, interpretation, or enforceability of this arbitration agreement — will be resolved by binding individual arbitration rather than in court, except as provided below.
Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as modified by these Terms. The arbitration will be conducted by a single arbitrator. You may choose to have the arbitration conducted by telephone or videoconference, based on written submissions, or in person in the county where you reside. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
This arbitration agreement is governed by the Federal Arbitration Act.
Arbitration fees
The allocation of arbitration fees will be governed by the AAA Consumer Arbitration Rules. If the amount in controversy does not exceed $10,000, and your claim is not determined by the arbitrator to be frivolous, Crescent will pay all AAA filing, administrative, and arbitrator fees.
Class action waiver
YOU AND CRESCENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If a court decides that this class action waiver is unenforceable as to a particular claim or request for relief, then that claim or request for relief will be severed from the arbitration and may be brought in court, while all other claims remain subject to arbitration.
Exceptions
This arbitration agreement does not apply to: (a) claims that qualify for small claims court, which either party may bring in small claims court in the county where you reside; (b) claims for injunctive or equitable relief relating to intellectual property rights or unauthorized access to the Services; or (c) claims for public injunctive relief, which may be brought in court to the extent that a waiver of the right to seek such relief would be unenforceable under applicable law.
Nothing in these Terms prevents you from reporting concerns to, or seeking relief from, any federal, state, or local government agency.
Your right to opt out
You may opt out of this arbitration agreement and class action waiver within 30 days of first accepting these Terms. To opt out, send an email to legal@crescentlabs.co with the subject line "Arbitration Opt-Out," including your full name, the email address associated with your account or order, and a statement that you wish to opt out. Opting out will not affect any other provision of these Terms, and will not affect your account, your orders, or how we treat you as a customer. If you opt out, disputes will be resolved in the courts identified in the Governing Law section.
Survival
This Dispute Resolution section survives termination of these Terms and your relationship with Crescent. If any portion of this section other than the class action waiver is found unenforceable, that portion will be severed and the remainder will continue to apply.
Governing Law and Venue
These Terms and any dispute arising out of them are governed by the laws of the State of Nevada, without regard to its conflict of law provisions. For any dispute not subject to arbitration, you and Crescent consent to the exclusive jurisdiction and venue of the state and federal courts located in Clark County, Nevada. This does not deprive you of any protection afforded by mandatory provisions of the law of the state where you reside.
Changes to These Terms
We may update these Terms from time to time. When we do, we will post the revised Terms on this page and update the "Last updated" date above. Material changes will take effect upon posting, and we will provide additional notice where required by law. Your continued use of the Services or placement of a new order after the changes take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, stop using the Services and cancel any active subscription.
General
Entire agreement. These Terms, together with our Privacy Policy and any additional terms presented at the point of purchase, constitute the entire agreement between you and Crescent regarding the Services.
Severability. If any provision of these Terms is found unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force majeure. We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, labor disputes, supply chain disruption, carrier failures, or governmental action.
Headings. Section headings are for convenience only and do not affect interpretation.
Contact Us
For questions about these Terms, legal notices, dispute notices, and arbitration opt-outs:
Crescent Wellness LLC
10409 Pacific Palisades Ave
Las Vegas, NV 89144
legal@crescentlabs.co
For orders, returns, subscriptions, and all other customer service: care@crescentlabs.co