Terms & Conditions
Please read the following terms and conditions of use carefully before using this website.
Welcome to Wellnesse.com (the “Website”). These Terms of Use (the “Agreement”) apply to any access to or use of the website, associated sites, or content from this website. This website is owned and operated by Wellnesse, PBC.
Terms and Conditions
By using this website, including purchasing products from this website, or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms and conditions. If you do not agree to these terms of use, you may not use this website.
You agree that by using this website, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.
It is your responsibility to review these terms and conditions periodically. We reserve the right to revise these terms and conditions at any time without notice to you. If you do not agree to these terms and conditions, please do not use this site.
Basically, let’s all agree to be respectful and not jerks and we will get along just fine.
You also agree by using Wellnesse.com that none of the information here is to be in any way used as medical advice or to diagnose, treat, prevent, or cure any disease. If you take any information from this website or any website at face value and try it without medical or professional supervision, you may very well suffer from disability, serious injury, or death.
Terms of Service
Wellnesse, PBC, Wellnesse.com and associated companies grant you a limited license to access and use this website for your personal use, and to copy, distribute, and transmit the content of this website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidental to using the website for your personal use.
This license or access and use do not include any resale or commercial use of this website or its contents, any derivative use of this website or its contents; any downloading or copying of information; or any use of data mining, content scraping, robots, or data gathering and extraction tools.
Except as permitted above, this website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Wellnesse, PBC. You may not use any meta tags or any other “hidden text” utilizing the Wellnesse name or trademarks without the express written consent of Wellnesse, PBC. Any unauthorized use automatically terminates the permission or license granted by Wellnesse, PBC and associated companies.
Wellnesse, PBC and Wellnesse.com reserve the right to change the information, features, and functions of this website without prior notice. We may refuse service, terminate accounts, and/or deny access to any or all parts of this website if you engage in any conduct or activities that we determine, in our sole discretion, violate this agreement, our rights, or the rights of any third party for any reason. Use of the site for any illegal or unauthorized purpose is strictly prohibited.
As a condition of your use of this website, you warrant to us that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.
Copyright and Intellectual Property Ownership
All information, materials, images, software, photographs, articles, functions, text, video, and other content (collectively, the “Content”) contained on or offered through the website, and all copyrights, trademarks, and other intellectual property rights in or relating to the content are the sole property of Wellnesse, PBC and Wellnesse.com, its licensors or content providers or other third parties. The website and all of its content and the selection and arrangement thereof is protected as a compilation owned by Wellnesse, PBC and Wellnesse.com under the copyright laws of the United States and other countries. Wellnesse, PBC may change the website or delete any content or features or services at any time, in any way, for any or no reason. Wellnesse, PBC reserves all rights not expressly granted in and to the website and the content.
Unless otherwise noted, Wellnesse, PBC and all other trademarks, service marks, trade names, and logos displayed on the website are the trademarks, service marks, trade names, and logos of Wellnesse, PBC and Wellnesse.com. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the website without the owner’s prior written permission. Unauthorized use of Wellnesse, PBC and all other trademarks, service marks, trade names, and logos displayed on the website is strictly prohibited.
No Medical Advice
The information contained on this website, or provided at your request, is for informational purposes only. No information on this website is or should be used for the purposes of diagnosing, treating, curing or preventing any disease. The information on this website has not been evaluated by the Food and Drug Administration. Nothing on this website is intended to recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care practitioner. You should absolutely consult a qualified medical professional before making any health decision or taking any product. Information found or received through this website should not be used in place of a visit with, call to, consultation with, or advice from a professional health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your health care practitioner. No information on this website should be used to diagnose, treat, prevent, or cure any disease or condition under any circumstances.
Products and Services
The products and services made available on this website are intended for personal use only. You may not assign, transfer, re-market, resell, or otherwise dispose of, such products and services without obtaining Wellnesse, PBC's prior written consent. Wellnesse, PBC may cancel or modify purchases on the website if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Prices and promotions are subject to change without notice.
Billing and Payment
Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment is due at the time of purchase and will be processed when authorized during the purchase process. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on this website at our sole discretion.
Accounts
Some services on the website, including ordering products, may require you to create an account to participate and/or to secure additional features and/or benefits. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information, or another person’s name, likeness, voice, image, or photograph. You also agree to promptly notify us at support@wellnesse.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the website.
We may suspend or terminate your account and your ability to use the website or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
Disclaimers
Except as otherwise specifically provided, this website and the products offered are provided on an “as is” and “as available” basis and without warranties of any kind, unless specifically set worth otherwise. To the fullest extent permissible pursuant to applicable law, Wellnesse, PBC and Wellnesse.com and all associated companies disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
Wellnesse, PBC and associated companies do not represent or warrant that the functions contained on the website will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the website available are free of viruses or other harmful components.
Wellnesse, PBC does not make any warranties or representations regarding the use of the materials on the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
Wellnesse, PBC, Wellnesse.com and associated companies shall not be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the website or materials on the site, even if Wellnesse, PBC or associated companies has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Copyright
The entire contents of the website and the technology underlying, including, but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Wellnesse, PBC and is protected by copyright and other intellectual property or proprietary rights. The collective work includes all works that are licensed to Wellnesse.com. Copyright © 2020, Wellnesse, PBC and Wellnesse.com. All rights reserved.
Indemnification
You agree to indemnify, defend, and hold harmless Wellnesse, PBC , Wellnesse.com, associated companies and the officers, directors, employees, agents, licensors, affiliates, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, or any activity related to use of the website (including negligent or wrongful conduct) by you or any other person accessing the website using your internet account.
Wellnesse Mark Guidelines
Wellnesse, PBC counts among its most valuable assets its name, logos, marks, trademarks, registrations, and the goodwill represented by these marks may not be used in any way without written permission. Protection of the Wellnesse, PBC marks and logos is a priority for Wellnesse, PBC and associated companies.
Permissible Uses
Proper use of the Wellnesse name and marks is important. You may use the Wellnesse mark to accurately describe or refer to Wellnesse, PBC’s website, goods and services, provided you follow these guidelines. For example, you may use the registered mark Wellnesse to discuss and review this website or other works created by Wellnesse, PBC or Wellnesse.com.
You may use the Wellnesse, PBC registered marks to direct your visitors to the Wellnesse.com homepage or other pages on Wellnesse.com.
Prohibited Uses
Do not use Wellnesse, PBC, Wellnesse.com or the Wellnesse logo or other marks in a way that would mislead consumers that you or your products or services are somehow related to, endorsed by, or affiliated with Wellnesse, PBC, Wellnesse.com or authors of Wellnesse.com.
Company, Product, Service: You may not place your company name, trademarks, service marks, or product names next to (or combine them with) the Wellnesse marks.
Domain Names, Meta tags, Hidden Text: You may not incorporate the Wellnesse marks or in any domain name, meta tag, or other hidden text in a web page without prior written authorization from Wellnesse, PBC, Wellnesse.com and associated companies.
Internet Advertising Keywords: You may not use or incorporate the Wellnesse marks or trademarks in any internet advertising keyword, Ad Word, hashtag, or other term used to trigger advertising or search engine results without prior written permission from Wellnesse, PBC and associated companies.
Merchandise Items: You may not manufacture, sell, or give away merchandise items bearing any of the Wellnesse marks or trademarks without first obtaining a written license from Wellnesse, PBC.
Social Media Guidelines
You may not use the Wellnesse name or marks as any part of your social media account name, user name, page name, or as a community name.
Reservation of Rights
Unless otherwise agreed to in writing, Wellnesse, PBC reserves the right to terminate permission to copy, reproduce, or display the Wellnesse marks and trademarks and to demand that the Wellnesse marks cease to be used at any time, in its sole discretion.
For any questions regarding the proper usage of the Wellnesse, PBC registered trademarks or logo, the proper notices, or to seek permission to use the trademarks, please contact support@wellnesse.com.
CAN-SPAM Act
In accordance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), Wellnesse PBC follows all applicable digital communication laws. As part of our services, a valid email address is required to leave a comment or review, purchase a product, interact on social media, and receive our newsletter. You may unsubscribe from email correspondence at any time; however, by doing so, you will lose access to prior subscriptions, purchases, and account information. If your attempts to unsubscribe from our communication have been unsuccessful, please email support@wellnesse.com, and your account will be permanently removed from our system.
DMCA Notice
Wellnesse.com complies with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). All content on Wellnesse.com is the original work of the author(s) unless otherwise noted, cited or quoted. If you believe that anything on the website constitutes an infringement of your copyright, please notify us using the following procedure:
The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:
- A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
- A description of the copyrighted work claimed to have been infringed (multiple claims of copyright works at a single online site are covered by a single notification);
- A description of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Submit this information electronically to:
support@wellnesse.com
Or physically to:
Wellnesse, PBC
174 Watercolor Way
Suite 103-417
Santa Rosa Beach, FL 32459
Wellnesse PBC will respond to any DMCA complaints in a timely manner and will remove any material that is found to be a copyright infringement.