Terms of Service

These Terms of Service ("Terms") govern access to and use of the Blue Scorpion Professional B2B Portal (the "Portal"), operated by Blue Scorpion, Inc., a Florida corporation ("Blue Scorpion," "we," "us"). By applying for access, creating an account, or placing an order you agree to these Terms. Our consumer website, bluescorpion.com, is governed by its own terms.

1. Eligibility and Accounts

The Portal is a wholesale service exclusively for licensed clinics, functional medicine doctors, certified health coaches, and other practitioners approved by Blue Scorpion. You must be of legal age and authorized to act for the business you register. Access requires an approved application; we may approve, decline, suspend, or revoke access at our discretion. You are responsible for your credentials and for all activity under your account, including team members you invite.

2. The Reseller Agreement Controls

Wholesale purchasing through the Portal is conditioned on your execution of the Blue Scorpion Non-Exclusive Reseller Agreement, including its Exhibits A–F (the "Reseller Agreement"), signed electronically during onboarding and available in your account under Documents. The Reseller Agreement governs wholesale pricing and minimum order quantities (Exhibit A), your authorized sales territory and channels (Exhibit B), purchase orders and payment (Exhibit C), discount policies including the Minimum Advertised Price ("MAP") policy (Exhibit D), terms of sale (Exhibit E), and notices (Exhibit F). If these Terms conflict with the Reseller Agreement, the Reseller Agreement controls for wholesale purchases and resale conduct.

3. Ordering, Pricing, and Payment

Wholesale prices, volume tiers, and per-size minimum order quantities are shown in the Portal and set out in Exhibit A of the Reseller Agreement. Unit pricing applies to the whole order and adjusts automatically as quantities reach each tier. Prices exclude shipping, handling, and any applicable taxes, which are shown at checkout. Payment is due at checkout by credit card (processed by Stripe or Authorize.net; cards are charged when the order is placed), unless Blue Scorpion has approved invoice/net payment terms for your account, in which case invoices are due by their stated date and credit limits apply. We may modify catalog offerings and pricing in accordance with the Reseller Agreement's notice provisions.

4. Shipping

Orders ship within the United States via UPS Ground (or another method we designate), with rates shown at checkout based on order size. Title and risk of loss pass on delivery to the carrier. Store products as directed: do not freeze; keep in an enclosed dry space away from direct sunlight.

5. Returns and Product Issues

Warranty and return handling for wholesale purchases follow the Reseller Agreement (including its Product Warranty provisions). If a shipment arrives damaged or an item is defective, contact wholesale@bluescorpion.com promptly and we will arrange repair, replacement, or credit as appropriate. As the reseller, you are the first point of contact for your own customers' service issues.

6. Product and Medical Disclaimers

Blue Scorpion Pain & Inflammation Relief is an FDA-listed homeopathic over-the-counter medicine (NDC 83627-901-01 and 83627-901-02) intended for the temporary relief of pain and inflammation. Statements on this Portal have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. "FDA-listed" does not mean FDA-approved. In your own marketing you may use only claims expressly approved by Blue Scorpion; disease-treatment claims and comparisons to prescription drugs are strictly prohibited, as detailed in the Reseller Agreement.

7. Resale Conduct and MAP

Your resale activities must comply with the Reseller Agreement, including: online sales at Blue Scorpion's published retail price (MAP) except during company-initiated promotions; no listing or sale on Amazon, eBay, or other third-party marketplaces without prior written approval; sales limited to the United States and your approved channels; and compliance with FDA, FTC, and applicable state laws in all advertising.

8. Intellectual Property

The Blue Scorpion® name, logos, product imagery, and Portal content are the property of Blue Scorpion, Inc. Your limited license to use our trademarks and approved marketing materials is set out in the Reseller Agreement and ends when your agreement or account ends. You may not otherwise reproduce, distribute, or create derivative works from Portal content without written permission.

9. Prohibited Uses

You may not use the Portal for any unlawful purpose; misrepresent your licensure or business; share wholesale pricing with unauthorized parties; purchase for resale outside your authorized territory or channels; interfere with the Portal's security or operation; or introduce malicious code. Violations may result in immediate suspension or termination of access and of wholesale privileges.

10. Disclaimer of Warranties

THE PORTAL IS PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY SET OUT IN THE RESELLER AGREEMENT, BLUE SCORPION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUE SCORPION SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS. OUR AGGREGATE LIABILITY ARISING OUT OF THE PORTAL OR THESE TERMS SHALL NOT EXCEED THE AMOUNTS YOU PAID TO BLUE SCORPION IN THE THREE (3) MONTHS PRECEDING THE CLAIM, CONSISTENT WITH THE RESELLER AGREEMENT.

12. Indemnification

You agree to indemnify and hold harmless Blue Scorpion, Inc. and its officers, directors, employees, and agents from claims arising out of your use of the Portal, your resale of products, your breach of these Terms or the Reseller Agreement, or your violation of law.

13. Suspension and Termination

We may suspend or terminate Portal access and wholesale privileges as provided in the Reseller Agreement, including for pricing or compliance violations, non-payment, or conduct inconsistent with our brand standards. You may close your account at any time; obligations for orders already placed survive termination.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts in Miami-Dade County, Florida, and agree to attempt good-faith resolution of any dispute for thirty (30) days before initiating litigation, consistent with the Reseller Agreement.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted here with an updated date; continued use of the Portal after changes take effect constitutes acceptance.

16. Contact

Blue Scorpion, Inc.
701 Brickell Avenue, Suite 1550, Miami, FL 33131 USA
Wholesale support: wholesale@bluescorpion.com · Legal: legal@bluescorpion.com