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Usage Terms & Rights

Effective as of August 27, 2020

This website is provided to you by Wellements, LLC (together with its subsidiaries and/or affiliates, “Wellements,” “us,” “our,” or “we”). By accessing and using this website made available to you by or on behalf of Wellements (“Website”) you are agreeing to be bound by these terms and conditions of use (“Terms of Use”). Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please do not use this Website. 

ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY.

These Terms contain a binding arbitration provision. You agree that all disputes between you and Wellements will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.

Changes to Terms of Use

We may change the Terms of Use at any time. All changes will be effective immediately upon posting to our Website. Using our Website after changes are posted constitutes your agreement with those changes. Material changes will be conspicuously posted on our Website or we will inform you by direct email.

Access from Outside the United States

This Website is operated by Wellements from the United States and any data that we collect is sent to us and our servers located in the United States. We make no representation that our Website, its content, or our products is appropriate or available for use in locations other than the United States. If you choose to access our Website or purchase our products from locations other than in the United States, you do so at your own initiative and at your own risk and are responsible for complying with applicable local laws.

Commercial Email; Privacy Policy

By purchasing any product from this Website, you are agreeing to receive commercial email from us. At any time, you may opt out of receiving marketing email from us by clicking on the unsubscribe link located at the bottom of all our marketing emails. Please note: If you choose not to receive marketing email from us, you will still receive transactional emails, such as messages related to your orders, updates about products or services you have purchased from us, or information about your account. For further information on how we use the data we collect, please see our Privacy Policy.

Permitted Uses; Limited License

You are granted a limited, non-exclusive, revocable and non-transferable license to use our Website under these Terms of Use. We may change, suspend, or discontinue any aspect of our Website at any time. 

We may also, without notice or liability, impose limits on certain features and services or restrict or deny your access to all or portions of our Website. You will have no rights to the proprietary software and related documentation, if any, provided to you to access our Website.

Except as expressly provided in these Terms of Use, you will have no right to directly or indirectly own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit our Website, or any of its contents, in whole or in part. You may not access, use, or copy any portion of our Website or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. 

You are only authorized to visit, view, and retain a copy of the pages of our Website for your own personal, noncommercial use. You agree that you will not duplicate, download, publish, modify or otherwise distribute the material on our Website, or deep-link to our Website, for any commercial purpose, such as to offer sales of merchandise or services, whether by advertising, solicitations, links, or any other form of communication, without prior written authorization by us.

You may not purchase any products for resale purpose.  You will not engage in activities designed to render the Website or associated services inoperable or to make their use more difficult.

Accuracy and Integrity of Information

Although we attempt to ensure the integrity and accuracy of the information on our Website, we make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of our Website or its content. It is possible that our Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to our Website by third parties. If an inaccuracy arises, please inform us so it can be corrected. Information contained on our Website may be changed or updated without notice.

Your Account

You may elect to create an account with Wellements, but you must be at least 18 years old to do so. By opening an account, you represent and warrant that you are at least 18 years old. You are responsible for all use of your account and all activity under your account. You represent that all account information provided to us is yours and is accurate.

Misuse of Website

Harassment in any manner or form on our Website, including via email, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Wellements or other licensed employee, host, or representative, and other members or visitors on our Website is prohibited. You may not upload to, distribute, or otherwise publish through our Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that may constitute or encourage a criminal offense, violate the rights of any party or that may otherwise give rise to liability or violate any law. You may not upload commercial content on our Website or use our Website to solicit others to join or become members of any other commercial online service or other organization.

Purchases

Purchases of products must be made by a credit or debit card. When you make a purchase we collect payment information and data about your transaction, such as credit or debit card numbers, card expiration dates, billing address, and security codes. We maintain transactional records. Payment by card is subject to the approval of the card issuer. We will not be liable in any way if a card issuer refuses to accept or process a transaction for any reason. Refunds, if available, are solely the responsibility of Wellements and at Wellements’ sole discretion. For further information about our collection and use of payment card information please see our Privacy Policy.

Terms of Sale.

Nothing on this Website constitutes an offer, but an invitation by you to make an offer to purchase products through the Website. All orders are subject to acceptance by Wellements as quantities are limited and we may decline an order for any reason, including if we are unable to fill it or if we believe your order is in violation of these Terms or is otherwise fraudulent. Resale of products or services purchased through this Website is expressly prohibited. If you receive products from Wellements that you would like to return, please contact us. To the extent any products have warranties from their third-party manufacturers, Wellements will use commercially reasonable efforts to assist you in receiving such warranty from the manufacturer.

Canceled Orders.

We may cancel an order you have placed for any reason, including if we are unable to fill it or if we believe your order is in violation of these Terms or is otherwise fraudulent. In the event that a product order is canceled or refused, we will notify you that your order cannot be fulfilled and any credit card charges or payments will be refunded back to your account for the canceled products. 

Product and Service Availability.

All offers on the Website are void where prohibited by law. Advertised prices and available quantities may change at any time without notice to you. Some products and services may not be available in certain areas. The data contained on the Website may contain technical inaccuracies or typographical errors or omissions.

Shipping

All products are shipped via our third party delivery company.  Shipping dates are estimates only.  Title and risk of loss for all products transfers to you on shipment.  If any shipment is lost or damaged, please let us know and we will assist you in working with our delivery company.  For additional information on our shipping, please visit our Shipping Policy.

Term; Termination

We may limit or terminate your use of this Website at any time, for any reason or no reason, in our sole discretion.

Intellectual Property Rights

Our Website, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of Wellements or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Wellements or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. Our Website may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

Copyright © 2020 Wellements, LLC. All rights reserved.

Content on this Website may include videos and other embedded content, such as YouTube videos.  Any access to YouTube videos is also subject to YouTube’s Terms of Service available here.  By accessing such content you are agreeing to be bound by YouTube’s Terms of Service. 

Feedback

If you elect to submit to us feedback, reviews, testimonials, blog comments, files, information, or other materials or product suggestions, you represent and warrant that you are the owner of all rights to such content or materials and you grant us a perpetual, irrevocable, world-wide right in all languages and in perpetuity to use and exploit all or any part of the content, materials, information and suggestions provided by you. Wellements has no obligation to use such content, materials, information or suggestions, but if it elects to do so it has no obligation to provide notice, compensation or credit to you. Any communication or materials (e.g., feedback, reviews or testimonials) you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing, advertising, promoting or marketing products or services.

Warranty Disclaimer

The Website is provided “as is,” “as available,” and without any warranty of any kind. Neither Wellements nor its affiliates, suppliers, or licensors are responsible for providing maintenance or support services for the Website. Wellements makes commercially reasonable efforts to ensure that all material, data, and other information on the Website or shipped with your order is accurate and reliable, but neither accuracy nor reliability can be guaranteed. Wellements does not warrant or guarantee the quality, completeness, timeliness, or availability of the Website or any products. Wellements does not warrant or guarantee that the Website will be uninterrupted or error-free, that any defects in the Website will be corrected, or that the Website or the servers that make the Website available are free of viruses or other harmful conditions or components. Wellements is not responsible for any typographical errors on the Website.

To the maximum extent permitted by applicable law, Wellements expressly disclaims all warranties of any kind with respect to the Website and all products and services, including without limitation those regarding availability, quality, accuracy, merchantability, fitness for any use or purpose, compatibility with any standards or user requirements, title, noninfringement, and any arising from a course of dealing or usage in trade. Wellements has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication or order. No advice or information, oral or written, obtained by you from Wellements or in any manner from the Website creates any warranty. 

We make no representation that the Website is appropriate or available for use in locations other than the United States. If you choose to access or use the Website from locations other than the United States, you do so at your own risk and you are responsible for complying with applicable laws and regulations.

Your use of the Website is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any data from the Website, and any other damage that may be incurred.

Certain jurisdictions prohibit the disclaimer of certain warranties, so some of the above may not apply to you.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Wellements, its affiliates, or its or their respective directors, officers, owners, employees, contractors, representatives, consultants, agents, suppliers, or licensors (together, “Wellements Parties”) be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with any products or the Website or your access to or use of, or inability to access or use, the Website (including without limitation the input of personal and other data into the Website), whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if a Wellements Party has express knowledge of the possibility of the loss or damage.

Your sole and exclusive remedy is to stop accessing and using the Website or to return the products. Without limiting the foregoing, in no event will Wellements Parties’ liability to you exceed $100, even if this remedy fails of its essential purpose. 

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Wellements, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (a) your access to or use of the Website, (b) your misuse of any material, data, or other data downloaded or otherwise obtained from the Website, (c) your order of products and services through the Website, or (d) any violation of these Terms of Use, violation of applicable law, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing our Website using your internet account.  We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

Delivery of Notice

We may deliver notice to you by means of email, a general notice on our Website, or by other reliable methods to the address you have provided to us.

Choice of Law; Jurisdiction; Venue

Your use of this Website will be governed in all respects by the laws of the State of Arizona, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods, which is disclaimed in its entirety. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website will be in the state or federal courts located in Maricopa County, Arizona. You further agree and submit to the exercise of personal jurisdiction over you by such courts for the purpose of litigating any such claim or action.

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the following paragraphs carefully because they require you to arbitrate disputes with Wellements and limit the manner in which you can seek relief from us. 

Limitation on Period to Bring Claims

Any cause of action or claim you may have with respect to our Website must be commenced within one (1) year after the claim or cause of action arises.

Waiver, Estoppel

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any of these Terms and Use.

Assignment and Delegation of Rights

You may not assign your rights or delegate your duties under these Terms of Use without our prior written consent.

Third-Party Links

This Website may link to websites operated by third parties. However, even if the third party is affiliated with Wellements, we have no control over these linked websites, all of which have separate terms and conditions of use and/or privacy and data collection practices independent of Wellements. These linked websites are only for your convenience and therefore you access them at your own risk. Please take care when leaving our Website to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit. Nonetheless, Wellements seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for websites it links to as well (including if a specific link does not work).

Complete Agreement

These Terms of Use (including our Privacy Policy) constitute the entire agreement between you and us with respect to our Website and supersedes all prior or contemporaneous communications and proposals between you and us with respect to our Website. If any provision of these Terms of Use is determined to be invalid or unenforceable, all other provisions will remain in full force and effect.

Miscellaneous

Wellements’ failure to enforce any provision of the Terms of Use will not constitute a waiver of that provision or any other provision. Any waiver of any provision of this Terms of Use will be effective only if in writing and signed by Wellements.  The headings in this Terms of Use are for convenience only and do not affect the interpretation of these Terms of Use. This Terms of Use inures to the benefit of Wellements’ successors and assigns. Any provisions of this Terms of Use that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of this Terms of Use or of your access to or use of the Website. This Terms of Use and any other documentation, agreements, notices, or communications between you and Wellements may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

Contact Us

If you have any questions or concerns regarding these Terms of Use, contact us by email at info@wellements.com, by telephone at 800-255-2690, or by mail at Wellements, 8151 East Indian Bend Road Suite 101, Scottsdale, AZ, 85250. 

By accessing and using our Website, or making any purchase via our Website, you acknowledge that you have read, understand, and agree to be bound by these Terms of Use.