Terms & Conditions
BEFORE YOU PROCEED, PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE OUR WEBSITE.
About Company and the Website
Through the Website, Company offers an online retail store selling consumer goods (collectively, the “Products”). We reserve the right to add or remove any Products made available for purchase through the Website as we determine in our sole discretion from time to time.
In order to complete a purchase of Products through the Website, Users are required to create an account with us (“User Account”). To create a User Account, you must be at least eighteen (18) years of age and will be required to provide us with information about yourself, your company, and/or the person or entity you claim to represent. Any User opening or using a User Account on behalf of another person or entity (“Agent”) represents and warrants that he or she has valid authorization to act on behalf of the person or entity he or she claims to represent. In the absence of such authorization, such Users accept personal liability for any and all liabilities arising from their use of the User Account. Company is not responsible for any obligations or liabilities arising from use of your User Account by your Agents. It is solely your responsibility to ensure that the e-mail address and password for your User Account (“Log-in Credentials”) are kept private and secure at all times. Regardless of whether or not you have given authorization, you are responsible for any actions taken from your User Account.
Subject to your compliance with these Terms, you may purchase the Products made available on the Website. When browsing our Website, in order to purchase one or more Products, you must first select the Product and then add the item to your online shopping cart (the “Cart”). Once you have added all Products that you wish to purchase to your Cart, you then have an opportunity to review your order, including a description of the Products, the order subtotal, shipping, and taxes. Once you have confirmed or made any necessary modifications to your order, you then must enter in your billing and shipping details, as well as credit card payment information.
You agree to provide only true, accurate, current and complete information in connection with any purchase of Products, and further agree that by inputting such information you desire to purchase the Products on the terms and conditions set forth herein. By clicking “Place Order”, you confirm your agreement to purchase the applicable Products and agree that we may charge you for the total cost displayed to you at such time. You understand and agree we may change the price for Products from time to time, in our sole discretion, and it is your responsibility to confirm the total price displayed to you before you click “Place Order”. Changes to applicable fees are effective upon posting the changes on the Website.
All material and information presented by Company on the Website is intended to be used for personal, educational or informational purposes only. Any statements made about Products on the Website have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements made and Products sold through the Website are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any Products from Company, it should be only after the legal or parental guardian has discussed the Product with the minor's certified physician.
All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Website and/or Products is not meant to serve as a substitute for professional medical advice. Please consult with your own certified physician or health care practitioner regarding the use of any Products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Company does not give or intend to give any answers to medical related questions and this Website does not replace any medical professional or medical resource. Company does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
Although Company has made every effort to display our Products and their colors and appearance as accurately as possible, the displayed attributes of the Products depend upon the monitor of the User, and Company cannot guarantee that the User’s monitor will accurately portray the actual attributes of the Products. Products displayed may be out of stock or discontinued, and prices are subject to change. Company is not responsible for typographical errors regarding price or any other matter.
When you make a purchase of any Products through the Website, you authorize Company and its third-party payment processors, including Shopify, to charge the credit card identified by you for the total cost including, shipping and taxes. You further represent and warrant that you are (1) providing true, accurate, current and complete information, and (2) authorized to use such credit card for the purpose of making such purchase. You acknowledge and agree to abide by any applicable terms and conditions of Shopify, which can be accessed here: https://www.shopify.com/legal.
You further authorize Company and Shopify to store your credit card information. If Company does not receive payment from your credit card provider, Products will not be shipped to you until Company receives payment.
Promotions and Discounts
From time to time, Company may offer certain promotions and discounts related to our Products. To qualify for such promotional discounts, you may be required to enter a unique discount code prior to finalizing your order. Certain Products or payment options may not be eligible, and any further rules and restrictions will be disclosed at the time promotional offers are presented to you. By participating in a promotion or discount, you agree to any such applicable rules and restrictions. If you have any questions regarding promotional offers, please contact Company at email@example.com.
Shipping & Returns
Any shipments or returns of Products purchased through the Website are subject to our Shipping & Returns Policy, which is incorporated herein by reference.
No Satisfaction Guarantee
Due to an individual’s subjective style and opinions, Company cannot guarantee a purchaser’s satisfaction of any Products ordered from us. Although Company has made every effort to display our Products and their colors and appearance as accurately as possible, the displayed attributes of the Products depend upon the computer capabilities of the User, and Company cannot guarantee that the User’s computer or device will accurately portray the actual attributes of the Products.
If you provide us with your email address, we may send you various types of electronic communication including newsletters, requests for information, updates, new promotions, discounts, and other communications (“Communications”) regarding the Website and our Products. Providing your e-mail address confirms your ability and consent to receive Communications electronically, rather than in paper form. To withdraw your consent to receive electronic Communications, please write us by e-mail at firstname.lastname@example.org with the subject line: “Unsubscribe from Electronic Communications.” In addition, our communications themselves may include the opportunity to opt out. For example, our e-mails may include an unsubscribe link.
You may not access or use the Website for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Website in our discretion. These prohibited activities include, without limitation, the following:
- Criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets.
- Using any information obtained from the Website in order to contact, advertise to, solicit or sell any products or services to any User without their prior explicit consent.
- Interfering with, disrupting or creating an undue burden on the Website or the networks or services connected to the Website.
- Attempting to impersonate another User or person.
- Using any information obtained from the Website in order to harass, abuse or harm another person.
- Using the Website in a manner inconsistent with any and all applicable laws and regulations.
- Using or otherwise accessing the Website for any reason other than a good faith interest in being matched with Agencies.
- Undertaking any activity which infringes on our or any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy.
- Posting or submitting any content which is libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene.
- Transmitting any trade secret or other material, non-public information about any person, company or entity without the authorization to do so.
- Restricting or inhibiting any other visitor from using the Website, including without limitation, by means of “hacking” or defacing any portion of the Website.
- Modifying, adapting, sub-licensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Website.
- Removing any copyright, trademark or other proprietary rights notices contained in the Website.
- Distributing any virus, worm or other similar or deleterious files, scripts or programming routines through the Website.
- Using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentications and security measures.
- Attempting to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Website;
- Modifying, translating, or creating derivative works based on the Website or Products.
Intellectual Property Rights
The Website and its contents, including any text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, including but not limited to the trademarks Wellness East are the intellectual property of Company or its licensors and constitute trademarks, patents, copyrights and other intellectual property rights of Company or its licensors under U.S. and foreign laws and international conventions.
You are prohibited from using any such trademark displayed through the Website for any purpose including, but not limited to, use as meta tags on other pages or websites on the World Wide Web, without the written permission of Company or such third party, which may own the trademark.
You agree not to engage in the use, copying or distribution of the Website, any of its contents or any data generated or produced using the Website for any commercial purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Website. We may, but are not obligated to, periodically provide updates to the Website to resolve bugs or add features and functionality. You do not acquire any ownership rights to the Website, Products, or to any other contents contained on the Website. All rights not expressly granted in these Terms are reserved by Company and its respective licensors, affiliates, and contractors.User Content
You are solely responsible for any data, information, text, files, designs, photographs, comments, feedback, suggestions, ratings, reviews, or other materials you upload or submit to us and/or the Website (“User Content”). You agree that any User Content: (i) will be true and accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right held by you or a third-party, such as, but not limited to, trademark, copyright, right of privacy, or right of publicity; and (iv) will not cause any harm, damage, or other injury to the Website, Company, another User, or any other person or entity. You are solely responsible for the User Content you submit in connection with the Website, and Company assumes no liability for any User Content submitted by you. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
For any User Content that you submit, you grant Company a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This includes, but is not limited to, sharing your User Content, such as any Product ratings or reviews, with third-party brands and partners. This license will survive the termination of these Terms and your use of the Website.
Company respects the intellectual property of others and expects its Users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate access to the Website of any User who repeatedly infringes the rights of copyright holders.
Company will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (the “DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Website, then you must send Company a written notice that includes all the following:
- a legend or subject line that says: "DMCA Copyright Infringement Notice";
- a description of the copyrighted work that you claim has been infringed;
- the URL of the site and a description of where the material that you claim is infringing is located on that site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
- your electronic or physical signature.
Company will only receive DMCA notices by email directed to Company’s Designated Agent at the email address below:
DiSchino & Schamy, PLLC
Company may elect to not respond to DMCA notices that do not comply with all the foregoing requirements, and Company may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the above.
If you provide us with any comments, bug reports, feedback, ratings, reviews, or modifications proposed or suggested by you to the Website and/or Products (collectively, the “Feedback”), we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Website. You hereby grant us a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback into our Website for any purpose.
Disclaimer of Warranties
THE WEBSITE AND ANY PRODUCTS, CONTENT, SERVICES, OR THIRD-PARTY SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE AND/OR ANY MOBILE VERSION THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, ON BEHALF OF ITSELF AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT (I) THAT THE WEBSITE AND ANY PRODUCTS, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (II) THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND ANY SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) REGARDING THE USE OF THE WEBSITE AND ANY PRODUCT, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO THE COMPANY BY YOU.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.
You agree to fully indemnify, defend, and hold Company and its subsidiaries, affiliates, partners, officers, directors, employees, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (i) your access to, use of, or alleged use of, the Website or the services or goods obtained through your use of the Website, including, but not limited to, Products; (ii) any User Content you upload or submit to us; (iii) any inaccuracies in the information provided to you through the Website; (iv) your breach or violation of the terms in this Agreement, any representation, warranty, or covenant referenced in this Agreement, or any applicable law or regulation; (v) your activities in connection with the Website or other websites to which the Website is linked; and/or (vi) any negligent act or omission or any willful misconduct by you.
For purposes of this Agreement, you and Company are each referred to as a “Party” and collectively, as the “Parties”. The Parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations for a period of at least thirty (30) days from initial written notice thereof, which shall be a requirement prior to either Party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms (including its formation, performance and breach), the Website, and any purchased Products, shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Such arbitration shall be held in Miami-Dade County, Florida. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to determine the validity of any claim and to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost.
You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action Waiver.
The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Litigation of Small Claims Court Claims.
Notwithstanding the Parties’ decision to resolve all disputes through arbitration, either Party may also seek relief in a small claims court for disputes or claims (where less than Eight Thousand ($8,000.00) Dollars is in controversy) within the scope of that court’s jurisdiction and subject to that court’s rules of procedure for small claims.
Thirty Day Right to Opt-Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this Agreement by sending written notice of your decision to opt-out to email@example.com. The notice must be sent within thirty (30) days of your first access to the Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Website.
Governing Law and Jurisdiction
You agree that your use of the Website shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law rules. Further, you agree that the state and federal courts of Miami-Dade County, Florida shall have, and you consent to their, exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement that is not subject to arbitration as set forth herein.
These Terms may be amended by Company from time to time. You agree that you will review these Terms prior to using the Website, and that your participation and continued use of the Website will constitute acceptance of these Terms, as they may be amended from time to time. A new version of this Agreement will take effect on (i) the date falling thirty (30) calendar days after the date of such posting (or such later date as we indicate in the relevant posting) if any of the changes are to an operative provision of this Agreement which is capable of adversely affecting you, or (ii) immediately upon the date of posting or such later date as we indicate in the relevant posting if the changes are not capable of adversely affecting you, examples of which would include, without limitation: (a) changing the name of the web address for the Website or (b) the refinement of provisions that are already included or referred to in this Agreement. In either case, if you do not wish to be governed by the new version of this Agreement, you must notify us and agree there shall be no further provision of or access to the Website. We shall not have any liability to you in such an event.
Operation of the Website
You acknowledge that we reserve the right, but have no obligation, to (i) take appropriate legal action against anyone who, in our sole determination, violates these Terms, including, without limitation, reporting to law enforcement authorities, (ii) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable all or a portion of the Website, and (iii) otherwise manage the Website in a manner designed to protect the rights and property of Company and its licensors and Users, and to facilitate the proper functioning of the Website.Restriction of Access to the Platform
This Agreement is effective unless and until terminated by either you or us. You may terminate by notifying us that you no longer wish to use our Website via email to firstname.lastname@example.org, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website (or any part thereof).
The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Company’s reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation, act of god, pandemic, or any other cause whatsoever, which is beyond our reasonable control (“Force Majeure Event”).Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms and our related rights and obligations without obtaining your consent.Entire Agreement
These Terms supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Website or its contents. Modifications to the Terms that are not posted on the Website are not valid unless made in writing and signed by an authorized representative of Company.Notices
You consent to receive notices and other communications regarding these Terms through posting of notices on the Website. You agree that all agreements, notices, disclosures, and other communications that Company provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.
If you have any questions about these Terms or the Website, you may contact us by email at email@example.com or the mailing address below:
Wellness East Inc.
4000 Ponce De Leon Blvd, Suite 470
Coral Gables, FL 33146
Last Updated: January 26, 2022