Terms of Service

These Terms of Service (the "Terms") govern your access to and use of arxusmethod.com (the "Site") and the purchase of the Performance Intelligence Profile and related services offered through the Site. The Site is operated by Arxus LLC ("Arxus," "we," or "us"). Clinical services referenced on the Site are delivered by Advanced Functional Medicine ("AFM"), a licensed clinical provider and Arxus's clinical partner.

Please read these Terms carefully. By accessing or using the Site, creating an enrollment, or purchasing the Performance Intelligence Profile, you acknowledge that you have read, understood, and agreed to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site and do not purchase our services.

1. Eligibility

The Site and the services offered through the Site are intended for adults who are at least eighteen (18) years of age, who are residents of the United States, and who have the legal capacity to enter into a binding contract. Clinical services are currently offered to individuals located in or willing to travel to the San Diego, California area. By using the Site or purchasing our services, you represent and warrant that you meet these eligibility requirements.

2. Description of Services

Arxus operates the Site for the purpose of marketing, enrolling, and coordinating access to the Performance Intelligence Profile and related clinical services delivered by AFM. Arxus is a technology and marketing services company. Arxus is not a healthcare provider, is not a licensed medical practice, and does not itself practice medicine. Arxus does not diagnose, treat, prescribe, or render clinical opinions. All clinical services, clinical decisions, and the provider-patient relationship exist between you and AFM, not between you and Arxus.

3. The Performance Intelligence Profile

The Performance Intelligence Profile is a one-time service offering priced at $197 (the "Profile"). The Profile includes (a) an advanced male biomarker laboratory panel, (b) a clinical results consultation with an AFM clinician, (c) the AFM Hormonal Blueprint and Peak Performance Guide, and (d) the 30-Day Optimization Metric Tracker. The components of the Profile have an aggregate listed retail value of $893. "Listed retail value" is a reference to the standard pricing of comparable components and is not a guarantee of appraisal value, resale value, or equivalence at other providers.

4. Clinical Services and the Provider-Patient Relationship

AFM is the covered entity and licensed clinical provider responsible for all clinical aspects of your care, including the review of laboratory results, the clinical consultation, any diagnoses, any recommendations, and any prescriptions. All clinical decisions are made by AFM clinicians in their sole professional judgment. AFM may decline to provide services, decline to prescribe, or decline to recommend a protocol based on clinical factors, and neither Arxus nor AFM is liable to you for any such clinical decision.

Any information you provide in the clinical intake questionnaire, during laboratory testing, or during the consultation is held by AFM as protected health information under the Health Insurance Portability and Accountability Act ("HIPAA") and governed by AFM's Notice of Privacy Practices, which is provided to you separately by AFM.

5. Satisfaction Guarantee

We offer the following limited guarantee in connection with the Performance Intelligence Profile: if, following completion of your laboratory panel and your clinical results consultation, the treating AFM clinician determines in their clinical judgment that no correctable biological factor can be identified as a contributing cause of the symptoms or goals you identified during intake, you will be eligible for a full refund of the $197 paid for the Profile.

The following conditions apply to this guarantee: (a) you must have completed the laboratory panel through the laboratory vendor we coordinate; (b) you must have attended your scheduled clinical results consultation with AFM; (c) you must have provided accurate and complete information during intake and to the treating clinician; (d) the determination that no correctable factor can be identified is made solely by the treating AFM clinician and documented in the consultation record; (e) the guarantee does not apply where you cancel, no-show, or fail to attend the consultation, where you decline a recommended follow-up step, or where clinical review is prevented by incomplete or inaccurate information provided by you; and (f) refunds will be processed within thirty (30) days of the clinical determination and returned to the original method of payment. Third-party costs paid directly to laboratory vendors or other third parties are not within the scope of this guarantee, but where such costs were paid as part of the $197 Profile price, they are included in the refund.

6. Edge Protocol and Command Protocol

Following the clinical results consultation, AFM may offer you the opportunity to enroll in the Edge Protocol (a three-month transformation program) or the Command Protocol (a six-month transformation program). These protocols are separate services with separate pricing, separate agreements, and separate terms, and they are not included in these Terms or in the Profile. Enrollment in a protocol is entirely at your election and is governed by a separate protocol agreement that you and AFM execute at that time.

7. Payment

Payment for the Profile is processed by Stripe, Inc., through a merchant account maintained by AFM. Your charge will appear on your statement as "AFM PROFILE." By purchasing the Profile, you authorize the charge, represent that you are the authorized user of the payment method provided, and agree to pay all amounts owed. Arxus does not store your full payment card number.

8. Accurate Information and Honest Disclosure

You agree to provide accurate, current, and complete information during enrollment, in the clinical intake questionnaire, during the consultation, and in any other communication with us or AFM. Clinical decisions, including whether you are an appropriate candidate for services and whether the guarantee in Section 5 applies, depend on the accuracy of your disclosures. You acknowledge that withholding or misrepresenting information may result in denial of services and forfeiture of the guarantee.

9. Communications Consent

By enrolling in the Profile or providing your contact information, you consent to receive transactional communications by email and by text message regarding your order, your laboratory testing, the availability of your results, the scheduling of your consultation, and appointment reminders. These are considered part of the service you have requested. If you opt in, you may also receive marketing communications. You may reply STOP to any text message to opt out of non-essential text communications, and HELP for assistance. Message frequency varies. Message and data rates may apply. Consent to receive marketing messages is not a condition of purchase. Communications are governed by our Privacy Policy.

10. No Medical Advice

Content on the Site, including marketing materials, blog posts, video content, the Hormonal Blueprint and Peak Performance Guide, the 30-Day Optimization Metric Tracker, and any other educational materials, is provided for general informational purposes only. It is not medical advice, is not a substitute for medical advice, diagnosis, or treatment from a qualified clinician, and should not be relied upon as such. You should not disregard professional medical advice or delay seeking it because of information on the Site.

11. No Emergency Services

The Site does not provide emergency medical services. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room. Do not use the Site, email, or text message to report a medical emergency.

12. Individual Results

Any testimonials, case studies, before-and-after imagery, or outcome descriptions on the Site reflect the experience of specific individuals and are not guarantees of results. Individual outcomes vary based on biology, adherence, lifestyle factors, prior history, and clinical context. No specific outcome is promised or guaranteed.

13. Laboratory Services and Third-Party Vendors

Laboratory testing is performed by LabCorp under LabCorp's own terms and privacy practices. If you elect the mobile laboratory collection upgrade, the blood draw is performed by Getlabs under Getlabs's own terms and privacy practices. Payment processing is performed by Stripe, Inc. under Stripe's own terms. Clinical services are delivered by AFM under AFM's own terms and its Notice of Privacy Practices. We do not control and are not responsible for the acts or omissions of these third parties.

14. User Conduct

You agree not to (a) use the Site for any unlawful purpose or in violation of these Terms; (b) provide false or misleading information; (c) impersonate another person; (d) resell, assign, or transfer any services purchased through the Site; (e) interfere with or disrupt the Site, our servers, or any third-party service integrated with the Site; (f) attempt to gain unauthorized access to any portion of the Site or any related systems; (g) scrape, crawl, or copy content from the Site for commercial use; or (h) use the Site to harass or harm any person.

15. Intellectual Property

The Site, including all text, graphics, images, video, audio, logos, marks, trade dress, designs, software, and the selection and arrangement thereof, is the property of Arxus or its licensors and is protected by U.S. and international intellectual property laws. "Arxus" and the Arxus marks are trademarks of Arxus LLC. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial purposes. You may not reproduce, modify, distribute, publicly display, or create derivative works from the Site or its content without our prior written consent.

16. Privacy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and share information about you. By using the Site, you agree to the Privacy Policy.

17. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE PROFILE, AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ARXUS DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ARXUS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO STATEMENT BY ARXUS OR ANY REPRESENTATIVE CREATES A WARRANTY.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ARXUS, ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE SERVICES, EVEN IF ARXUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF ARXUS FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO ARXUS FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT, OR (B) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

19. Indemnification

You agree to indemnify, defend, and hold harmless Arxus, its affiliates, and its and their officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Site or the services; (b) your violation of these Terms; (c) your violation of any law or third-party right; or (d) any information you provide that is inaccurate, incomplete, or misleading.

20. Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ARXUS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the services (a "Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration will be conducted in San Diego County, California, or by video or telephone at the arbitrator's discretion. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any Dispute. Judgment on the award may be entered in any court of competent jurisdiction.

YOU AND ARXUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS 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 representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of this Section 20 will be null and void.

Thirty-Day Opt-Out. You may opt out of this arbitration agreement by sending written notice to Arxus LLC at contact@arxusmethod.com within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

Notwithstanding the foregoing, either party may bring an individual action in small claims court for qualifying claims, and either party may seek temporary injunctive relief in court to protect its intellectual property rights pending arbitration.

21. Governing Law and Venue

These Terms and any Dispute will be governed by the laws of the State of California without regard to its conflict-of-laws principles. For any Dispute not subject to arbitration, you and Arxus consent to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California.

22. Changes to Terms

We may modify these Terms at any time. The updated Terms will be posted on the Site with an updated "Last updated" date. Your continued use of the Site or purchase of services after the effective date constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Site.

23. Termination

We may suspend or terminate your access to the Site at any time, with or without cause and with or without notice, including for any violation of these Terms. Sections of these Terms that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, indemnification, arbitration and class action waiver, and governing law.

24. General

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Arxus with respect to the Site and the services and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms; we may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. The section headings are for convenience only and do not affect interpretation.

25. Contact

If you have questions about these Terms, contact us at:

Arxus LLC
222 North City Drive
San Marcos, CA 92078
Phone: 888-460-0056
Email: contact@arxusmethod.com