BEFORE USING THIS WEBSITE, PLEASE READ THESE TERMS AND CONDITIONS. IF YOU USE THIS WEBSITE, IT CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEB SITE.
- Products, Content and Specifications. All features, content, specifications, products and prices of products described or depicted on this website (www.wellnesswithinreach.com, also called this “website”) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. WellnessWithinReach.com makes reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products on this website at a particular time does not imply or warrant that these products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
- Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this website. All purchases from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
- Accuracy of Information. We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information on this website. For example, products included on this website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this website. In addition, we may make changes in information about price and availability without notice. The receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
- Use of this Website. The design of this website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are protected by copyright, trademark and other laws and may not be used except as permitted by these Terms and Conditions or with prior written permission. You may not modify the information or products displayed on or that can be downloaded from this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
- Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this website are registered and unregistered trademarks, trade names and service marks. Nothing contained on this website grants or should be construed as granting any license or right to use any trademarks, trade names, service marks or logos displayed on this website without the written permission of WellnessWithinReach.com.
- Linking to this Website. Creating or maintaining a link from another website to any page on this website without our prior written permission is prohibited. Running or displaying this website or any information or material displayed on this website in frames or through similar means on another website without prior written permission is prohibited. Links to this website permitted by WellnessWithinReach.com must comply will all applicable laws, rules and regulations.
- Third Party Links. At times, this website may contain links to other websites that are not owned, operated or controlled by WellnessWithinReach.com. Such links are provided solely as a convenience to you. If you use these links, you will leave this website. We are not responsible for any content, materials or other information located on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding other websites, or any content, materials or other information located or accessible from other websites, or the results that you may obtain from using other websites. If you decide to access other websites linked to or from this website, you do so entirely at your own risk.
- Inappropriate Material. Regarding our website, you are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, at our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this website. We will fully cooperate with law enforcement authorities or subpoena requesting or directing us to disclose the identity of a person posting such materials.
- DISCLAIMERS. USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION PROVIDED ON OR THROUGH THIS WEBSITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WELLNESS WITHIN REACH DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE. WELLNESS WITHIN REACH DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT THAT IS PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR PROHIBITIONS.
ALL PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL LIABILITY FOR PRODUCT DEFECTS OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT THAT IS PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY PROHIBITIONS.
- LIMITATIONS OF LIABILITY. WellnessWithinReach.com does not assume any responsibility, or will be liable for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of any information from this website.
IN NO EVENT WILL WELLNESS WITHIN REACH OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEB- SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT THAT IS PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
- Revisions of these Terms and Conditions. These Terms and Conditions may be revised at any time and by updating this page. You may visit this page from time to time to review the current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this website.
- Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and WellnessWithinReach.com to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of Massachusetts, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this website will be brought only in federal or state courts of Massachusetts. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Termination. We may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.
- Health-Related Information. The information contained in this website is provided for informational purposes only and is not meant to substitute for advice provided by a doctor or other health care professional. You should not use the information available on or through this website (including, but not limited to, information that may be provided on this website by a healthcare or nutrition professional employed by or contracting with WELLNESS WITHIN REACH) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Read carefully all product labels and packaging prior to use.
- Indemnity. You agree to indemnify and hold WELLNESS WITHIN REACH and our officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our website, your connection to our website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
- Domestic Use; Export Restriction. We control this website from our office within the United States of America. We make no representation that the website or its content (including, without limitation, any products available on or through the website) are appropriate or available for use in other locations. Users who access the website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from this website may be downloaded in violation of United States law.
- General. If we fail to exercise or enforce any right or provision of these Terms and Conditions, it shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or our Terms and Conditions must be filed within one year after such claim or cause of action arose or be forever barred.
- Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, you may contact us at Wellness Within Reach via the email address or phone number given on our website.