Terms of Use


Terms of Use

Effective as of June 25, 2018

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”), including our Privacy Policy. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please do not use this Website.

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 or its content is appropriate or available for use in locations other than the United States. If you choose to access our Website 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 commercial email from us by clicking on the unsubscribe link located at the bottom of all our commercial emails. Please note: If you choose not to receive commercial 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 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.

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. For further information on payment card information please see our Privacy Policy.

Shipping

All products are shipped via our third party delivery company.  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 © 2018 Wellements, LLC. All rights reserved.

Feedback

If you elect to submit to us feedback, blog comments, files, information, or other materials or product suggestions, you represent and warrant that you or 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. Subject to the terms of our Privacy Policy, any communication or materials 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, or marketing products or services.

Warranty Disclaimer

this Website and the content on this Website are provided “as is” and without warranties of any kind, whether express or implied.

Warranties relating to products offered, sold and distributed via this Website are subject to separate warranty terms and conditions. Information on our Return Policy is located here.

To the fullest extent permissible pursuant to applicable law, Wellements disclaims all warranties, express or implied, with respect to this Website, its content and products sold via our Website, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Wellements does not represent or warrant that our Website will be uninterrupted or error-free, that the defects will be corrected, or that this Website is free of viruses or other harmful components. Wellements does not make any warrantees or representations regarding the use of the materials in this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Neither Wellements, nor our subsidiaries, affiliates or licensors, are liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or the inability to use, this Website, the materials on this Website, or information available through this Website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Wellements has been advised of the possibility of such damages.  In any event, the maximum amount you can recover from us is one hundred dollars ($100.00), even if such remedy should fail of its essential purpose. If you are displeased with our Website you should simply cease using it.   This limitation is a material element of our contract.

Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Our liability in such jurisdictions will be limited to the extent permitted by law.

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 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.

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.

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

We may assign our rights and delegate our duties under these Terms of Use to any person at any time without notice to you.

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. 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.

Contact Us. If you have any questions or concerns regarding these Terms of Use, contact us by email at [email protected], by telephone at 800-255-2690, or by mail at Wellements, 6263 North Scottsdale Rd., Suite 125, 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.