Usage Terms & Rights
Effective as of August 27, 2020
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.
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.
Permitted Uses; Limited License
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
- Applicability of Arbitration Agreement.
- Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) before an arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they instead choose and agree to have all disputes as set forth herein decided through individual arbitration.
- Place. The place of arbitration shall be in Maricopa County, Arizona, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. The sections herein shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party,
- Survival. This Arbitration Agreement provision will survive the termination of these Terms.
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.
Assignment and Delegation of Rights