General Terms and Conditions
Last updated May 23, 2023
AGREEMENT TO TERMS
You are responsible for maintaining the confidentiality of your Wellbel Account login information. You are fully responsible for all activities that are associated with your Wellbel Account (including but not limited to any purchases, posting reviews or other use of the Site). You agree to keep your username and password information confidential and not share it with anyone. You agree to immediately notify Wellbel of any unauthorized use or suspected unauthorized use of your Wellbel Account or any other actual or potential breach of security. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
SUBSCRIPTION PROCESS, RENEWAL AND CANCELLATION
Currently, we only ship to addresses within the United States and Canada. We currently offer monthly, quarterly, and six-month subscriptions.
- Monthly subscription.
If you purchase a monthly subscription through our Site, every twenty-seven (27) days, we will send you a shipment containing a thirty (30) day supply of vitamin supplements from us. Your subscription will continue, and you will be charged, every twenty-seven (27) days, until you choose to cancel. If you cancel your subscription, we will send you any outstanding supply of vitamin supplements. Please see the RETURN POLICY section below for information about returns and refunds.
There is no subscription fee associated with your subscription. You will only be charged for the cost of the product and the cost of shipping and handling. After your initial thirty (30) day subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional twenty-seven (27) day period, at our then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by logging into and going to the “Manage Subscription” page of your “Account Settings” page.
Our monthly subscription term is twenty-seven (27) days so we make sure that you do not run out of your vitamin supplements at the end of each subscription period. By subscribing, you authorize us to charge your payment provider now, and again at the beginning of any subsequent subscription period. You agree that the we may either terminate or suspend your subscription for any reason at any time in our sole discretion.
- Quarterly subscription.
If you purchase a quarterly subscription through our Site, every eighty-five (85) days, we will send you a shipment containing a ninety (90) day supply of vitamin supplements from us. Your subscription will continue, and you will be charged, every eighty-five (85) days, until you choose to cancel. If you cancel your subscription, we will send you any outstanding supply of vitamin supplements. Please see the RETURN POLICY section below for information about returns and refunds.
There is no subscription fee associated with your subscription. You will only be charged for the cost of the product and the cost of shipping and handling. After your initial ninety (90) day subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional eighty-five (85) day period, at our then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by logging into and going to the “Manage Subscription” page of your “Account Settings” page.
Our quarterly subscription term is eighty-five (85) days so we make sure that you do not run out of your vitamin supplements at the end of each subscription period. By subscribing, you authorize us to charge your payment provider now, and again at the beginning of any subsequent subscription period. You agree that the we may either terminate or suspend your subscription for any reason at any time in our sole discretion.
- Six-month subscription.
If you purchase a six-month subscription through our Site, every one-hundred-seventy-five (175) days we will send you a shipment containing a one-hundred-eighty (180) day supply of vitamin supplements from us. Your subscription will continue, and you will be charged, every one-hundred-seventy-five (175) days, until you choose to cancel. If you cancel your subscription, we will send you any outstanding supply of vitamin supplements. Please see the RETURN POLICY section below for information about returns and refunds.
There is no subscription fee associated with your subscription. You will only be charged for the cost of the product and the cost of shipping and handling. After your initial one-hundred-eighty (180) day subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional one-hundred-seventy-five (175) day period, at our then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by logging into and going to the “Manage Subscription” page of your “Account Settings” page.
Our six-month subscription term is one-hundred-seventy-five (175) days so we make sure that you do not run out of your vitamin supplements at the end of each subscription period. By subscribing, you authorize us to charge your payment provider now, and again at the beginning of any subsequent subscription period. You agree that the we may either terminate or suspend your subscription for any reason at any time in our sole discretion.
Wellbel cannot confirm the price of an item until you submit an order. Despite our diligent efforts, it is possible that Products on our Site may be mispriced. If the correct price of a Product is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel our order and notify you of such cancellation. We may change our prices from time to time, at our sole discretion, and without prior notice. By selecting a subscription on eligible items on the Site, you agree to the Subscription Terms and Conditions applicable to our subscription ordering program.
PURCHASES AND PAYMENT
We accept the following forms of payment:
- American Express
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in U.S. dollars.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products at the prices then in effect for your purchases, as well as any applicable shipping and handling fees and applicable taxes. You authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, your order may automatically renew as set forth above, and you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
The receipt of an order number or an email order confirmation does not constitute acceptance of an order or confirmation of an agreement to sell. We reserve the right, in our sole discretion, for any reason, and without prior notification, to refuse or cancel any order placed through the Site or to limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. Verification of information may be required prior to the acceptance of an order. Prices and availability of Products are subject to change without notice. Errors will be corrected when discovered and Wellbel reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).
If Wellbel does not receive your payment on time, we may charge you a late fee of up to 1.5 percent per month (18 percent per year) on the unpaid balance if allowed by law in the state of your billing address. If any portion of your bill is not paid by the due date, Wellbel may terminate or suspend your subscription without notice. If Wellbel uses a collection agency or commences legal action to recover monies due, you agree to reimburse us for all expenses we incur to recover such monies, including attorneys’ fees. If you fail to pay on time and Wellbel refers your account(s) to a third party for collection, a collection fee will be assessed and will be due at the time of the referral to the third party. There will be calculated at the maximum percentage permitted by applicable law, not to exceed eighteen (18) percent.
RISK OF LOSS ON SHIPPING AND DELIVERY
All Products purchased from Wellbel are made pursuant to a shipment contract with a shipping carrier. That means that the risk of loss and title for such items pass to you upon delivery of the Products to the carrier. Products will be shipped to the address designated by you, if applicable, so long as such address is complete and complies with any shipping restrictions contained on the Site. The time and location of delivery of the Products to you is at the discretion of the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law.
You may elect to obtain package protection from Route, Inc. (“Route”) at the time of purchase. Subject to terms and conditions Route offers shipping protection for packages that are lost, stolen, or damaged in transit. Route is a separate company with its own terms and conditions. You may review Route’s terms and conditions at https://route.com/terms-and-conditions. You agree that we are not a party to your agreement with Route and are not responsible for package protection provided by Route. You will look exclusively to Route to resolve any and all claims, damages, losses, or disputes regarding Route’s package protection products and services. Wellbel cannot refund your purchase of Route shipping protection. Refunds of Route package protection are governed exclusively by Route’s terms and conditions.
ACCURACY OF INFORMATION
All features, content, specifications, Products and services described or depicted are subject to change at any time without notice. Wellbel attempts to be as accurate as possible. However, there may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. Wellbel does not warrant that Product descriptions, depictions, colors, dimensions, weights, measures, ingredient lists or other content on the Site are accurate, complete, reliable, current or error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. If a Product offered by Wellbel is not as described, your sole remedy is to return the Product. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any Product at any time for any reason.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, screenshots, buttons, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein, including Wellbel and the Wellbel logo (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are the sole and exclusive property of Wellbel and are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.
Our goal at Wellbel is to make sure our customers are fully satisfied with our products.
We want you to be fully satisfied with every Product you purchase from Wellbel. If you are unsatisfied with your Product(s) for any reason, simply return the unused portion of the Product in its original container to Wellbel within 60 days of its receipt for an exchange or a full refund of the purchase price of the Product(s). You will automatically be refunded on the card you used to purchase the items. Please allow for 1-2 weeks for all returns to process. The Product must be returned, unused or used, in good condition, in original boxes (whenever possible), and with all paperwork to ensure full credit. You are responsible for the shipping costs, VAT, or duties of any and all items you return. We cannot accept C.O.D. deliveries. We will not refund purchases of Route package protection.
Damaged Product(s): Please contact Customer Service at email@example.com as soon as possible. Wellbel will make every reasonable effort to replace the item in a timely manner. Claims for defective or damaged products must be made within 7 days of receipt of product(s). Please save the packing box and all of its contents. To request a return please email us at firstname.lastname@example.org.
PERMISSIBLE USES OF THE SITE
The rights granted to you are subject to the following restrictions: (a) you shall not use the Site to place an order for resale on behalf of yourself or a third party for resale by that or another third party; (b) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, its Products or its content without the express written consent of Wellbel; (c) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (d) you shall not access the Site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another third party, including for purposes of resale of any of the Products; (e) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Wellbel’s express written consent; and (f) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without Wellbel’s express written consent.
Wellbel reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Wellbel will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.
We do not assert any ownership over your User Content. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (a) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein, including the written consent, release, and/or permission of each and every identifiable individual person in your User Content to use their name or likeness; (b) your User Content is not false, inaccurate, or misleading; and (c) your User Content does not violate the Acceptable Use policy in these Terms. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Wellbel. Because you alone are responsible for your User Content (and not Wellbel), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use policy. Wellbel is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Wellbel may delete User Content at any time.
By posting your User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Content (including your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such User Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your User Content and you warrant that moral rights have not otherwise been asserted in your User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that Wellbel will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any User Content; (2) to re-categorize any User Content to place it in more appropriate locations on the Site; and (3) to pre-screen or delete any User Content at any time and for any reason, without notice. We have no obligation to monitor your User Content.
ACCEPTABLE USE POLICY
In connection with your use of the Site and interactions with Wellbel and its employees and users, you agree not to collect, upload, transmit, display, communicate by email, telephone or electronically, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy rights, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, disparaging, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site; (g) purchase Products for resale.
We reserve the right (but have no obligation under these Terms) to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of these Terms, including removing or modifying your User Content, terminating your Wellbel Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your Wellbel Account username and password, Internet Protocol (IP) address and traffic information, usage history, and your User Content.
REVIEWS AND TESTIMONIALS
We may provide you areas on the Site to leave reviews, ratings, or testimonials (“Reviews”). When posting a Review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your Reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your Reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your Reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative Reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; (8) you may not organize a campaign encouraging others to post Reviews, whether positive or negative; and (9) you will not post content that violate any person’s so-called publicity rights or “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world.
We may accept, reject, or remove Reviews in our sole discretion. We have absolutely no obligation to screen Reviews or to delete reviews, even if anyone considers Reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We specifically disclaim any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Reviews.
By posting a Review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, transmit by any means, display, perform, create derivative works from, and/or distribute all content relating to reviews throughout the world in any media. You grant Wellbel and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to or advertisements for other websites (“Third-Party Websites”) (for example, social media sites such as Facebook, YouTube, Twitter, or Instagram), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not under the control of Wellbel and are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites or any Third-Party Content. If Wellbel provides links to these Third-Party Websites and Third-Party Content, it does so only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites or Third Party Content. You agree that you use all Third-Party Websites and Third-Party Content at your own risk. When you link to a Third-Party Website or Third-Party Content, the applicable service provider’s terms and policies, including privacy and data gathering practices, govern. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third-Party Website. You agree to hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We may allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your User Content or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. WELLBELWILL NOT HAVE ANY LIABILITY WHATSOVER TO YOU FOR ANY TERMINATION UNDER THESE TERMS, INCLUDING FOR TERMINATION OF YOUR WELLBEL ACCOUNT OR DELETION OF YOUR USER CONTENT.
If we terminate or suspend your Wellbel Account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.
The provisions herein related to our intellectual property rights, User Content, acceptable use, disclaimer of warranties, indemnity, limitation and liability, review and testimonials, health related information, and dispute resolution, including individual arbitration together with any other rights and obligations which by their nature are reasonably intended to survive such termination, including the end of any other aspect of the relationship between you and Wellbel, including your decision to stop purchasing from Wellbel or the cancellation or end of any participation in any service, program, or promotion offered by Wellbel, will survive any termination of these Terms.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
DISPUTE RESOLUTION AND AGREEMENT TO INDIVIDUAL ARBITRATION
EXCEPT FOR A CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, YOU AND WELLBEL AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Covered Disputes and Arbitration Requirement. Any and all disputes between you and Wellbel, including disputes arising from or relating to the Site, these Terms, and any other terms and conditions that may apply to our Site and/or Products, programs and services and their interpretation or the breach, termination, or validity thereof, any purchase on the Site, communications between you and Wellbel, the reliance on any advice provided by independent contractors or third party consultants in connection with the Site, or any Products or promotions provided by Wellbel, including disputes about the validity, scope, or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the AAA’s Consumer Arbitration Rules in effect on the date the claim was filed, available at www.adr.org or by calling the AAA at 800-778-7879. This arbitration agreement applies to any and all disputes occurring before or after this agreement and supersedes our previous arbitration agreements. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, including public injunctive relief, and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the above, you or Wellbel can bring any individual claim in small claims court consistent with the jurisdictional limitations of such court.
Governing Law. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (“FAA”). To the extent state law applies to any portion of a proceeding brought by you or us, the applicable law will be the law of the state of New York, without regard to principles of conflict of laws.
Fees and Costs. Except for a demand determined by an arbitrator or court to be frivolous, brought in bad faith, or where the initiating party has failed to follow the pre-arbitration dispute resolution process below, Wellbel will pay the filing fees for both parties. The AAA consumer rules will otherwise apply to determine the costs and expenses due from each party. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Wellbel will pay up to USD $1,000 of your attorneys’ fees and costs and expenses in connection with the arbitration if the arbitrator deems the payment of such amount is necessary to prevent the arbitration from being cost-prohibitive.
Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar individual arbitration demands presented by or with the assistance or coordination of the same law firm or organization are submitted to AAA or another arbitration provider (if AAA is unavailable) against Wellbel within a 90-day period (or in otherwise close proximity), the arbitration provider shall (i) administer the arbitration demands in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one arbitrator for each batch; and (iii) provide for a single filing fee due per side per batch. You agree to cooperate in good faith with Wellbel and AAA to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitration” provision shall in no way be interpreted as authorizing class arbitration of any kind.
Location. At your election, the arbitration will take place in the county in which you reside or, if you choose, by telephone, video conference, or based on the parties’ written submissions.
Time to Bring Claims: Any cause of action or claim you may have against Wellbel must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever waived.
Required Pre-Arbitration Dispute Resolution. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. Wellbel will provide such notice by e-mail to your e-mail address on file with Wellbel and you must provide such notice by e-mail to email@example.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. This provision is a precondition to any arbitration demand, and any party making an arbitration demand must certify that it has complied with the requirement when filing an arbitration demand and AAA may not accept any demand without this certification.
CLASS ACTION WAIVER. WELLBEL AND YOU AGREE THAT ANY COVERED DISPUTE HEREUNDER WILL BE SUBMITTED TO ARBITRATION ON AN INDIVIDUAL BASIS ONLY (EXCEPT AS SET FORTH IN THE “BATCH ARBITRATION” PROVISION DESCRIBED ABOVE). NEITHER WELLBEL NOR YOU ARE ENTITLED TO ARBITRATE ANY COVERED DISPUTE AS A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY ACTION, AND THE ARBITRATOR(S) WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS (EXCEPT AS SET FORTH IN THE “BATCH ARBITRATION” PROVISION DESCRIBED ABOVE). If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).
AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Miscellaneous. Notwithstanding any provision in these Terms to the contrary, we agree that if Wellbel makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) for which you had already provided notice to Wellbel. In the event that this arbitration agreement does not apply to a given dispute, then the parties agree to the exclusive jurisdiction of the state and federal courts in New York to resolve such claims.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
HEALTH RELATED INFORMATION
All information provided by Wellbel, including on this Site or by healthcare or nutrition professionals employed by or contracting with Wellbel, is provided for informational purposes only and is not medical advice, has not been evaluated by the Food and Drug Administration, and is not intended to diagnose, treat, cure, or prevent any disease or a substitute for obtaining up-to-date, professional advice from a qualified person. Always consult with your doctor for appropriate examinations, treatment, testing, and care recommendations. Results may vary. Products are intended for adults over the age of 18. If you are pregnant, nursing, taking medication, or have a medical condition, consult your physician before using Wellbel products.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL INFORMATION PROVIDED BY WELLBEL, INCLUDING ON THIS SITE AND ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY WELLBEL OR BY OTHER USERS OR THIRD PARTIES, (i) IS NOT MEDICAL ADVICE; (ii) IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY; (iiI) has not been evaluated by the Food and Drug Administration; (iv) is not intended to diagnose, treat, cure, or prevent any disease or a substitute for obtaining up-to-date, professional advice from a qualified person; and (v) IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL, OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY OF OUR PRODUCTS OR RELYING ON ANY INFORMATION YOU OBTAIN FROM WELLBEL. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY INFORMATION PROVIDED BY WELLBEL AND YOU SHOULD NOT USE INFORMATION PROVIDED BY WELLBEL FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL, OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND WELLBEL, ITS AFFILIATES, OR ANY THIRD PARTY.
YOU AGREE THAT YOU WILL NOT AND CANNOT RELY ON INFORMATION PROVIDED TO YOU BY WELLBEL TO diagnose, treat, cure, or prevent any disease, OR AS PROFESSIONAL ADVICE FROM A MEDICAL PROFESSIONAL. YOU AGREE THAT WELLBEL SHALL HAVE NO LIABILITY AND YOU KNOWLINGLY AND VOLUNTARILY WAIVE ANY CLAIMS AGAINST WELLBEL ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY TO SUCH INFORMATION.
DISCLAIMER OF WARRANTIES
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES SO SUCH DISCLAIMERS MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS, AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US, OR ANY INDEPENDENT CONTRACTORS (COLLECTIVELY, “WELLBEL GROUP”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE, YOUR RELATIONSHIP WITH WELLBEL GROUP, PRODUCTS, THIRD PARTY WEBSITES, OR YOUR INTERACTION WITH OR RELIANCE ON ANY ADVICE FROM ANY SUCH PERSON, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, PRODUCTS AND THIRD-PARTY WEBSITES AND ANY INTERACTIONS WITH OR RELIANCE ON ADVICE FROM ANY SUCH PERSON OR ENTITY ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE IN CONNECTION THEREWITH INCLUDING BUT NOT LIMITED TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE EVENT(S) GIVING RISE TO SUCH CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON OR THE EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold Wellbel Group harmless, including attorneys’ fees and expenses, from and against any loss, damage, liability, claim, or demand made by any third party due to or arising out of: (1) your User Content; (2) your use of the Site or Products; (3) your breach of these Terms; (4) your breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other user of the Site with whom you connected via the Site; or (7) your interaction with independent contractors or reliance on any advice provided by them. Wellbel Group reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. You agree not to settle any matter without the prior written consent of Wellbel. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
When you use the Site, send us emails, text messages, use video calling, complete online forms, or engage in other communications with us from your desktop or mobile device, you are communicating with us electronically. You consent to receive electronic communications from us, whether required by law or otherwise, such as emails, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.
We may provide you with the option to “opt out” of certain electronic marketing communications. If you choose to “opt out,” we will endeavor not to send you emails and other electronic communications that are solely for marketing purposes. This “opt out” does not apply to electronic communications that contain non-marketing content, such as information about orders, subscriptions, Wellbel accounts, user content, submissions, Wellbel policies and terms, agreements with Wellbel, and notices.
REFER A FRIEND PROGRAM
We may, from time to time, offer users of our products the opportunity to refer friends, family, or colleagues (“Users”) to try our products (“RAF Program”). We reserve the right to terminate the RAF Program at any time for any reason. We reserve the right to modify or amend at any time the methods through which Rewards are earned through the RAF Program. We reserve the right to disqualify anyone at any time from participation in the RAF Program if he or she does not comply with any of these Terms.
- How the RAF Program Works.
RAF Program Participation, Generally
To participate, use the RAF Program link provided to you and follow the on-screen instructions to refer friends, family members, or colleagues. Customers who refer are called “Referrers.” Individuals who receive a referral are called “Referred Customers.” An “eligible” Referrer who is fully compliant with these Terms may receive a Reward for each “Qualified Referral.”
To be “eligible,” a Referrer must: (1) be a legal resident of the United States of America; and (2) be at least 18 years old. Employees of Wellbel and any of its subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.
Making a Referral
Referrers must respect the spirit of the RAF Program by only referring real individuals who meet the requirements of these Terms. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts or participate in the RAF Program using multiple or fake email addresses or identities.
A Qualified Referral means that all the following conditions are met: (1) The Referred Customer completed the purchase or registration process using the Referrer’s “Personal Link.” If a Referred Customer purchases or registers using any other link or method, the registration will not count as a Qualified Referral and the Referrer will not earn a Reward; (2) The Referred Customer was not previously registered with Wellbel and has not purchased products from Wellbel under any email address or alias; (3) The Referred Customer is (a) a legal resident of the United States of America and (b) at least 18 years old; and (4) Only one Qualified Referral can be earned for each Referred Customer. Any additional or subsequent purchases made by a Referred Customer will not be Qualified Referrals.
Rewards for Qualified Referrals
Rewards can only be awarded for Qualified Referrals.
Referrer shall receive one (1) Reward valued at ten dollars (USD $10.00) for each verified Qualified Referral generated by Referrer. A Referrer may not earn more than twenty (20) Qualified Referrals per calendar year or more than two hundred dollars (USD $200.00) in Rewards per calendar year. For new Referrers (first-time customers), the Reward will be credited as USD $10.00 off their first purchase or first month of subscription. For existing Referrers (current customers), the Reward will be credited as USD $10.00 off their next order. Rewards will be credited to the Referrer within thirty (30) days after the User has completed his or her purchase. The User must be a New Wellbel customer for a Referrer to earn a Reward. Restrictions may apply.
Verified Qualified Referrals
Rewards are subject to verification. We may delay a Reward for the purposes of investigation. We may also refuse to verify and process any transaction we deems, in our sole discretion, to be fraudulent, suspicious, in violation of these Terms, or believes will impose potential liability on Wellbel, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives, and agents.
All of Wellbel’s decisions are final and binding regarding the RAF Program, including decisions as to whether a Qualified Referralor Reward is verified.
Transfer and Value of Rewards
Rewards have no monetary value and may not be redeemed for cash. Rewards are not transferable and may not be auctioned, traded, bartered, or sold. Upon termination of the RAF Program or any portion thereof for any reason, or upon cancellation of your account or subscription for any reason, any unredeemed Rewards accumulated by the Referrer are forfeited.
Bulk Distribution (“Spam”)
If a Referrer provides User information electronically, including by email, the electronic communication must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting the User’s email addresses or contact information, the Referrer represents that he/she has their prior consent.
Bulk electronic email or other communication distribution, distribution to strangers, or any other promotion in a manner that would constitute or appear, in Wellbel’s sole discretion, to constitute unsolicited commercial email, text message, electronic communication, or “spam” is expressly prohibited and may be grounds for immediate termination of the Referrer’s subscription and account. We have a no tolerance spam policy.
We have no obligation to monitor the content provided by you; however, we may choose to do so and block any email messages, remove any such content, or prohibit any use of the RAF Program. Each Referrer is the actual sender of the emails, text, or electronic communications and must comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify, defend, and hold harmless Wellbel against any liabilities, costs and expenses it incurs as a result of such Spam.
ELECTRONIC TRANSACTIONS AND SIGNATURES
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CONSENT TO TEXT MESSAGES AND PHONE CALLS
When you provide us with your mobile telephone number, you agree that Wellbel may contact you at that mobile telephone number, including by sending text messages (including SMS and MMS) to that mobile telephone number. When you first provide your mobile telephone number to us, you will receive a confirmation text message and you may need to reply as instructed to complete registration. Wellbel will never charge you for the test messages you receive, however you may see message and data rate charges from your mobile provider, so be sure to check your plan. You are responsible for the payment to your mobile provider of any message, data and other charges related to text messages, including for confirmation texts you receive and your responses thereto.
You agree Wellbel may use prerecorded messages or artificial voice calls and messages delivered using an auto telephone dialing system or an automatic texting system, for any and all purposes. Automated messages may be played when the telephone is answered, whether by you or someone else. We may also leave a message on your answering machine, voice mail, or send a message via text. You certify, warrant, and represent that the telephone numbers that you have provided to us are your numbers and not someone else’s. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number. You certify that your provided mobile number is true and accurate and that you are authorized to enroll the designated mobile number to receive text messages.
You may opt-out of receiving any future text messages from Wellbel at any time by either replying to a text message with the keyword “STOP.” If you opt¬out you agree to receive a final text message confirming your opt-out. When you opt-out of text messaging, you will no longer receive any text messages unless you re-subscribe. In addition, for assistance, you may reply to any text message with the keyword “Help.” Texts may be sent through an automatic telephone dialing system. Consent to receive mobile messages is not required as a condition to using the Site or to purchase any goods from Wellbel.
You agree to notify us of any changes to your mobile telephone number by clicking the “Manage Preference” link at the bottom of any Subscription. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
CALIFORNIA USERS AND RESIDENTS
Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Site, please send an email to firstname.lastname@example.org or write to the address listed under the Contact Information section below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
NEW JERSEY USERS AND RESIDENTS
INTERNATIONAL USERS AND RESIDENTS
We operate the Site in the United States. Information contained on this Site may not be appropriate or available for use in other locations, and access to this Site from territories where the content of the Site may be illegal is prohibited. If you choose to access the Site from locations outside of the United States, you are responsible for compliance with local laws if, and to the extent that, such local laws are applicable.
This Site does not target, or intend to target, users in the European Union (“EU”). If you are accessing the Site in the EU, Wellbel disclaims all liability arising out of any incidental processing of your “personal data” (as that term is defined in the EU General Data Protection Regulation) from your access of the Site.
All software used on the Site or other Offerings is subject to U.S. export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Burma, Democratic Republic of the Congo, Ivory Coast, Iraq, Libya, North Korea, Iran, Syria, Sudan, Venezuela or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
We reserve the right, in our sole discretion, to limit the availability of the Site or other Offerings to any person, geographic area or jurisdiction at any time.
RESPECT FOR COPYRIGHT LAW – DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”)
Wellbel respects the intellectual property of others and asks that users of our Site do the same. Except as authorized above, you are not permitted access or use of any of Wellbel’s Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on Site. In connection with our Site, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Site, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
You may submit your counter notification to Wellbel’s Copyright Agent by mail or email as set forth below:
Diana Yadegar – Wellbel DCMA Copyright Agent
300 South Pointe Drive
Miami Beach, FL 33139
WAIVER AND SEVERABILITY
Wellbel’s non-assertion of any term or condition in these Terms is not a waiver of such term or condition. Any waiver of any term or condition in these Terms must be express and in writing; there will be no implied waivers. No waiver by Wellbel of any term or condition in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of these Terms are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. The Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Wellbel’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Terms shall be binding upon assignees. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
For questions or concerns about these Terms, or to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
300 South Pointe Drive
Miami Beach, FL 33139