Effective October 2, 2018

 

 

WELCOME TO THE WELL & WONDER ™ WEBSITE. THIS DOCUMENT SETS FORTH THE TERMS AND CONDITIONS ASSOCIATED WITH A VISITOR’S (YOU / YOUR) USE OF THE WELL & WONDER ™  (“US” / “WE” / “OUR” / “OUR COMPANY”) WEBSITE (“TERMS OF USE”).  BY USING OUR WEBSITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF ITS USE AS DESCRIBED IN THESE TERMS OF USE. YOUR REMEDY FOR DISSATISFACTION WITH OUR WEBSITE OR ITS CONTENTS IS TO STOP USING OUR WEBSITE.

 

SECTION 1 - ACCESSING OUR WEBSITE

 

You are responsible for making all arrangements necessary for you to have Internet connectivity and access to our Website. We reserve the right to amend, restrict or remove any portion of our Website, as well as any products or services that we offer on our Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of our Website or products are unavailable at any time or for any reason.

 

SECTION 2 - INTELLECTUAL PROPERTY RIGHTS

 

(a)  Our Website and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by us, our licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use our Website for your non-commercial use only. No right, title or interest in or to our Website, or any content on our Website, is transferred to you, and all rights not expressly granted are reserved by us. 

 

(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: (i) you may store files that are automatically cached by your web browser for display enhancement purposes; (ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iii) if we provide social media features at any time, you may take such actions as are enabled by such features.

 

(c) You may not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from our Website; or (iii) access or use for any commercial purposes any part of our Website or any products or services available through our Website.

 

(d) Our name, logo, and all related product and service names, artwork, graphics, designs, and slogans constitute trademarks or service marks (“Marks”) of our Company and/or our affiliates and licensors. You may not use such Marks without our prior written consent. All other names, logos, product and service names, designs and slogans on our Website are the trademarks of their respective owners.

 

SECTION 3 - YOUR OBLIGATIONS AND REPRESENTATIONS

 

(a) This Website and any communications service, including the capability to contribute material through the contribution form (each such submission, a "Contribution"), chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the "Services") are provided solely for entertainment purposes. By using our Website and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Well & Wonder® reserves the right to terminate your subscription and refuse any and all current or future use of the Services.

 

(b) You may use our Website only for lawful purposes and in accordance with these Terms of Use.

 

(c) You promise that: (i) you are of legal age for your jurisdiction; (ii) you will not use our Website in any way that violates any applicable local or international law or regulation; (iii) you will not impersonate or attempt to impersonate us, our employees, another customer or user, or any other company, person or entity; (iv) you will not do anything that could disable, overburden, damage, or impair our Website or interfere with any person’s use of our Website; (v) you will not use any robot, spider or other automatic device, process or means to access our Website for any unlawful purpose or in violation of these Terms of Use; (vi) you will not introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful; and (vii) you will not co-brand or frame our Website or hyper-link to it without first obtaining the express prior written permission of an authorized representative of our Company.

 

To seek our permission, you may write to Well & Wonder ™. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Website, at our discretion at any time.

 

SECTION 4 – BLOG CONTENT

Well & Wonder ™ is committed to providing information on a wide variety of health and beauty topics. The editorial information we provide is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on our site or any other website. Reliance on any information provided by Well & Wonder ™, its employees, others appearing on the Website at the invitation of Well & Wonder ™, or other visitors to the website is solely at your own risk. The information contained in the Well & Wonder ™ blog is for informational and entertainment purposes only and does not constitute legal or medical advice. Comments, feedback and responses on this blog are not confidential and are subject to these Terms of Use and our Privacy Policy.  The opinions expressed in the blog are the opinions of the contributors only and may not reflect the opinions of Well & Wonder® or its employees. No representations are made as to the accuracy, completeness, or validity of any information contained in the blog.

 

SECTION 5 - USER CONTRIBUTIONS

 

(a) We may from time-to-time provide interactive services, such as message boards, customer comments and feedback, blog posts, or other interactive features that allow users to post, submit, publish, blog, display or transmit (hereinafter, “post”) your furnished content or materials (collectively, “User Contributions”) on or through our Website. All User Contributions must comply with the Content Standards set out in this Policy.

 

(b) Any User Contribution that you post will be considered non-confidential and non-proprietary, to the extent permitted by law. Well & Wonder ™ does not solicit nor does it wish to receive any confidential, secret, or proprietary information or other materials from you through the Website or Well & Wonder ™ mail or e-mail addresses, or in any other way. By providing a User Contribution, you grant us and our successors the right to use, reproduce, modify, perform, display, distribute, delete, or disclose to third parties any such material. You promise that you own or control all rights in and to the User Contributions and have the right to grant such license to us. You agree that you will have no claim or other recourse against us for infringement of any proprietary right with respect to your User Contributions. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory regarding such User Contributions, including but not limited to, the right to be attributed as the author of the User Contributions.

 

(c) If you provide a User Contribution to be published or displayed on public areas of our Website, or transmitted to other users of the Website or any third parties, you accept that your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of our Website or any third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

 

(d) User Contributions must be accurate and comply with all applicable laws in the country from which they are posted. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of our Website.

 

SECTION 7 - CONTENT STANDARDS

 

These content standards apply to all User Contributions and use of Interactive Services, if offered. User Contributions must in their entirety comply with all applicable local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

 

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any third-party
• Infringe the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws
• Promote any illegal activity, or advocate, promote or assist any unlawful act
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization
• Involve commercial activities or sales
• Be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity

 

SECTION 8 - MONITORING AND ENFORCEMENT; TERMINATION

 

We have the right, but not the obligation, to review, screen, delete or edit any User Contribution. You accept that such contributions do not reflect our views and are not endorsed by us.

 

We have the right to: (a) remove or refuse to post any User Contributions for any reason; (b) take any action with respect to User Contributions we deem necessary or appropriate; (c) disclose your identity or other information about you to any third-party who in our opinion reasonably claims that material posted by you infringes their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Website; (e) terminate or suspend your access to all or part of our Website.

 

Without limiting the foregoing, we have the right to fully cooperate with law enforcement authorities requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Website. We do not undertake to review material before it is posted on our Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

SECTION 9 - COPYRIGHT INFRINGEMENT

 

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement where appropriate. If you believe any materials accessible on or from our Website infringe your copyright, you may request removal of those materials (or access thereto) from our Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe has been infringed or, if the claim involves multiple works on our Website, a representative list of such works; (c) identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material; (d) adequate information to contact you (including your name, postal address, telephone number and, if available, e-mail address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

Our designated Copyright Agent to receive DMCA Notices is:

 

Well & Wonder

Copyright Agent

420 Lexington Avenue New York, New York 10170

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly misrepresent that material or activity on our Website is infringing your copyright, you may be held liable for damages (including costs and legal fees).

 

SECTION 10 - RELIANCE ON INFORMATION POSTED

 

The information presented on or through our Website is made available solely for general information and entertainment purposes. We do not make any statements regarding the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Our Website includes content provided by third responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.

 

SECTION 11 - PRIVACY

 

All information we collect on our Website is subject to our Privacy Policy.  By using our Website, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

 

SECTION 12 - LINKS FROM THE WEBSITE

 

If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.

 

SECTION 13 - LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part (unless you have received the prior, express written consent of our CEO). Our Website may provide certain social media features that enable you to:

 

• Link from your own or certain third-party websites to certain content on our Website
• Send e-mails or other communications with certain content or links to specific content on our Website
• Cause limited portions of content on our Website to be displayed or appear to be displayed on your own or certain third-party websites

 

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

 

• Establish a link from any website that is not owned by you
• Cause our Website or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site
• Link to any part of our Website other than the homepage
• Otherwise take any action with respect to the materials on our Website that is inconsistent with any other provision of these Terms of Use.

 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this Policy. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice and in our sole discretion.

 

SECTION 14 - PRODUCTS AND SERVICES

 

Certain products or services may be available exclusively online through our Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.  Prices for our products and/or services are subject to change without notice.  We reserve the right at any time to modify or discontinue products and/or services from our Website, without notice.  We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of our products or services. 

 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTIOIN 15 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, 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 credit card, and/or orders that use the same billing and/or shipping address.  In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  For more detail, please review our Returns Policy.

 

SECTION 16 - SHIPMENT AND RISK OF LOSS

 

Well & Wonder ™  will add applicable shipping and handling fees to your order. Unless otherwise noted, Well & Wonder ™ will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Well & Wonder ™  may provide delivery or shipment timeframes or dates, you understand that those are Well & Wonder®’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order, Well & Wonder ™ will use reasonable good faith efforts to contact you. If Well & Wonder ™ cannot contact you or you no longer wish to receive the item, Well & Wonder ™ will cancel the order and promptly refund the amount tendered, and will do so within 7 business days if made using third-party credit card, such as a Visa or Mastercard. Well & Wonder ™ shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. Well & Wonder®   may reject orders where the stated delivery address is outside the United States.

 

SECTION 17 - SALES TAX

 

In the United States, Well & Wonder ™ is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Well & Wonder ™ is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.

 

SECTION 18 - INTERNATIONAL ORDERS

 

Well & Wonder ™ does not directly sell certain Well & Wonder ™ products in any jurisdiction other than the United States of America, as these products may not be approved for sale in other jurisdictions. While Well & Wonder ™ may choose to accept orders for the purchase of its products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:

 You agree that the purchase of any Well & Wonder ™ products by you, as a non-U.S. resident, shall be (i) ex works Well & Wonder™’s facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner.

 You further agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period; you hereby expressly authorize and direct Well & Wonder ™ to load and ship the purchased products to your shipping address and to contract on your behalf with a courier company for that purpose; and you are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Well & Wonder™’s facilities in the United States to your foreign shipping address.

 

SECTION 19- AUTOMATIC RENEWAL SUBSCRIPTION PROGRAM

 

If you are placing an order online or by telephone as part of our automatic renewal subscription program, your membership in the program will remain in effect until it is canceled. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.

 

IF YOU ARE A MEMBER OF OUR AUTOMATIC RENEWAL SUBSCRIPTION PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT AND/OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY CONTACTING CUSTOMER SERVICE OR VIA THE ‘MANAGE SUBSCRIPTION’ LINK YOU RECEIVED IN YOUR EMAIL AFTER YOUR FIRST PURCHASE.

 

If you are participating in our automatic renewal program using a credit card and your credit card fails to process for a subsequent shipment, Well & Wonder ™   may convert your account to a pay-by-check plan. If your account has been converted to a pay-by-check plan, you will receive an invoice along with your shipment. Invoiced items not paid within 28 days of receipt will be considered past due and Well & Wonder ™ will send you communications to collect past due balances. If you fail to timely update your credit card information or fail to timely pay by check, your membership in our automatic renewal program may be terminated and your account may be sent for collection.

 

SECTION 20 - RETURN / REFUND POLICY

 

Orders that have been placed into shipment cannot be canceled.  However, you may return items in accordance with the Return Policy instructions that accompany your product shipments, or if you are uncertain about your right to return the product, you may also email Customer Service for assistance.  Well & Wonder ™ will refund your payment when your product is timely returned or canceled, and within 7 business days of our receipt of the returned product, if purchased using third-party credit, such as a Visa or Mastercard.  Unless otherwise indicated by Well & Wonder ™ in writing, shipping charges are not refundable.

 

SECTION 21 - ELECTRONIC COMMUNICATIONS, SIGNATURES AND AGREEMENTS

 

The information communicated by you through our Website constitutes an electronic communication. When you communicate with Well & Wonder ™ through our Website or via other forms of electronic media, such as e-mail, you are communicating with Well & Wonder ™ electronically. You agree that Well & Wonder ™ may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Well & Wonder ™ provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by Well & Wonder ™ or you). You further acknowledge and agree that by clicking on the button labeled “SUBMIT,” “DOWNLOAD,” “I ACCEPT,” “I AGREE,” or such similar links as may be designated by Well & Wonder ™, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, 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 THROUGH THE WEBSITE OR SERVICES OFFERED BY WELL & WONDER ™.

 

Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

 

SECTION 22 - NO PROMISES

 

YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OUR COMPANY NOR ANY PERSON ASSOCIATED WITH OUR COMPANY MAKES ANY PROMISE, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER OUR COMPANY NOR ANYONE ASSOCIATED WITH OUR COMPANY PROMISES, REPRESENTS OR WARRANTS THAT OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

SECTION 23 -  LIMITATION OF LIABILITY

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR COMPANY, INCLUDING OUR LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM OUR WEBSITE. YOU WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF OUR WEBSITE BY YOU.

 

SECTION 24 -  INDEMNIFICATION

Upon a request by Well & Wonder ™, you agree to defend, indemnify and hold Well & Wonder ™, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Website or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. Well & Wonder ™ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Well & Wonder ™ in asserting any available defense.

 

SECTION 25 - CHANGES

 

We reserve the right, in our sole discretion, to change these Terms of Use at any time. Any changes are effective immediately upon posting to our Website. Your continued use of our Website constitutes your agreement to all such terms and conditions.

 

SECTION 26 -  EQUITABLE RELIEF

 

You acknowledge that a breach of any confidentiality or proprietary rights provision of these Terms of Use may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, we may institute an action to enjoin you from any and all acts in violation of these Terms of Use, which remedy shall be cumulative and not exclusive, and we may seek the entry of an injunction enjoining any breach or threatened breach of these Terms of Use, in addition to any other relief to which we may be entitled under law or in equity.

 

SECTION 27 -  GOVERNING LAW AND VENUE

 

This Policy shall be construed and governed by the laws of the State of New York without regard to the principles of conflict of laws thereof. You agree and accept that any legal action or proceeding shall be brought in the federal or state courts for the State of New York and you expressly waive any objection to personal jurisdiction, venue or forum non conveniens. If you are a user of our Website in a member country of the European Economic Area (EEA) or European Union (EU)), these Terms of Use and the relationship between you and us shall be governed by the laws of the EU/EEA member state in which you are domiciled.

 

SECTION 28 -  SEVERABILITY

 

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

 

SECTION 29 -  WAIVER AND AMENDMENT

 

If we fail to insist upon strict performance of your obligations under any of these Terms of Use, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Use, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by our Company of any default will constitute a waiver of any subsequent default, and no waiver by our Company of any of these Terms of Use will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

SECTION 30 -  GEOGRAPHIC RESTRICTIONS

 

Software, functionality, and/or features (collectively, “Service Functionality”) that may be available on or through our Website from time-to-time are subject to United States Export Controls. No Service Functionality from our Website may be downloaded or exported (i) into (or to a resident of) Cuba, Iran, North Korea, Sudan, and Syria, or any other country the United States has deemed to be an export controlled or embargoed country from time-to-time; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or is otherwise restricted or barred by United States Commerce Department or other US government regulatory orders. By downloading or using any Service Functionality, 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. Although our Website may be accessible worldwide, we make no representation that materials on our Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal, is prohibited. Those who choose to access our Website from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Service Functionality is void where prohibited.  In addition to the foregoing, products offered for sale on our Website may be subject to alternative labeling, marketing, ingredient, and warning requirements (“Labeling Requirements”) depending on the location where the products are to be sold or shipped.  As a result, product labels depicted on our Website are not necessarily illustrative of or compliant with Labeling Requirements for the products in your jurisdiction.  Any customer inquiries in this regard  can be directed to us via the “Contact Us” link or mailing address in Section 35, below.

 

SECTION 31 -  FUTURE BUSINESS TRANSACTIONS

 

As we continue to develop our business, we might undergo a change of ownership, such as a merger and/or a sale of all or substantially all our stock or assets. In such transactions, user information generally is one of the transferred business assets, and by submitting any data or contributions (collectively, “Data”) to us, you agree that such Data may be transferred to such parties in these circumstances. However, any party purchasing our assets will be subject to an obligation to maintain the integrity of your personally identifiable information.  Please consult our Privacy Policy for additional information regarding our collection and use of your Data.

 

SECTION 32 -  MOBILE / WIRELESS POLCIY

 

In addition to any fee of which you are notified, your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. No more than two messages per day per SMS subscription will be sent. All charges are billed by and payable by you to your mobile service provider.

 

We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis.

 

Data obtained from you in connection with this SMS service may include your cell phone number, your provider's name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us. We will never share this information with a third party.

 

SECTION 33 - COMPLETE UNDERSTANDING

 

These Terms of Use, together with the documents expressly referred to herein, including but not limited to our Privacy Policy (“Website Documents”), constitute the sole and entire agreement between you and our Company with respect to our Website, and these Website Documents supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Website.

 

SECTION 34 – PROVISIONS UNENFORCEABLE OR INVALID

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

SECTION 35 -  CONTACT US

Your comments and questions regarding our Website and products are important to us.  Please contact us at help@wwbody.com and indicate on the subject line, “Customer Question,” or by mailing us at: Carnelian International Inc. 420 Lexington Avenue New York, New York 10170, Attention: Privacy Compliance or Attention: Customer Service.

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