TERMS OF SERVICES
Health & Wellness Associates Inc. Terms of Service
Terms of Purchase
At the time of purchase, you may have been offered discounts based on the total purchase price for the Service. The Fee for the Service (which includes applicable sales tax) was stated to you at the time of purchase. The Fee is charged on the shipping date and is charged to the credit card you provide at the time of purchase.
If you use a credit card, you may be subject to a preauthorization at the time you place your order. The preauthorization is not a charge to the credit card. However, the then applicable Services may be reserved against your available credit card limit, including taxes, if any. Contact your credit card issuing financial institution for details.
Modification of Service
Health & Wellness Associates Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Health & Wellness Associates Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
The Services are limited to individuals 18 years and older. Your order is solely for personal use and not for re-distribution. You agree that you will not access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, the Services or any portion thereof. Health & Wellness Associates Inc. will not be liable for any loss or damage arising from such activities, and Health & Wellness Associates Inc. reserves the right to terminate access to the Services, with or without notice.
Use of Information and Ideas Submitted
You hereby acknowledge and agree that Health & Wellness Associates Inc. is free to use any comments, information, ideas, concepts, reviews, techniques or other information contained in any communication you may send to Health & Wellness Associates Inc. or any communication you may have with an Health & Wellness Associates Inc.representative (the “Ideas”), and Health & Wellness Associates Inc. shall have no obligation to compensate you in any way for the Ideas, even if the Ideas are used by Health & Wellness Associates Inc. for commercial purposes, including but not limited to use by Health & Wellness Associates Inc. for developing, manufacturing and marketing products and creating, modifying or improving Health & Wellness Associates Inc.™ products or other products, services or websites affiliated with Health & Wellness Associates Inc.. Furthermore, by posting or displaying any such Ideas on our site, you hereby grant to us a nonexclusive, royalty-free license to display, use, reproduce and/or modify the Ideas.
Disclaimer of Warranties
You expressly understand and agree that your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. Health & Wellness Associates Inc. expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Health & Wellness Associates Inc. makes no warranty that (i) the Services will meet your requirements, (ii) the results that may be obtained from the use of the Services by other Customers will be accurate or reliable, and (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations.
Limitation of Liability
Health & Wellness Associates Inc. is not liable for ANY damages of ANY kind that result from use of the Services. This applies to alleged liability on ANY basis, even if Health & Wellness Associates Inc. has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions Health & Wellness Associates Inc.’ liability, if any, shall be limited to the extent permitted by law.
Upon a request by Health & Wellness Associates Inc. you agree to defend, indemnify, and hold harmless Health & Wellness Associates Inc. and its affiliates, and their employees, contractors, agents, representatives, officers and directors from all liabilities, claims, and expenses, including without limitation attorneys’ fees that arise from your use or misuse of this site. Health & Wellness Associates Inc. 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 Health & Wellness Associates Inc. in asserting any available defenses.
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement (“Materials”) thereof are copyrighted, ALL RIGHTS RESERVED, by Health & Wellness Associates Inc., and/or third-party licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Health & Wellness Associates Inc. or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Health & Wellness Associates Inc. or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials. Any request for grant of a commercial license to Health & Wellness Associates Inc. copyrighted materials is subject to prior approval and should be addressed to the Health & Wellness Associates Inc. Copyright Licensing staff at: licensing@HealthWellnessRX.com.
Health & Wellness Associates Inc. respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Health & Wellness Associates Inc. copyright agent the following written information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Health&WellnessRX™ and CBDWellness™ and other marks indicated on our site are registered trademarks of Health & Wellness Associates Inc. or its licensors, affiliates and/or subsidiaries, in the United States and other countries. Health&WellnessRX™ and CBDWellness™ and other Health & Wellness Associates Inc. graphics, logos, page headers, button icons, scripts, and service names are trademarks of Health & Wellness Associates Inc. trademarks and may not be used in connection with any product or service that is not Health&WellnessRX™ and CBDWellness™ in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Health & Wellness Associates Inc. All other trademarks not owned by Health & Wellness Associates Inc., or its licensors, affiliates or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Health & Wellness Associates Inc.
This Site may, from time to time, include discussion forums and interactive areas, including bulletin board services (“BBS”). Any forums and interactive areas of the Site shall be used only for non-commercial purposes. By using the forums or interactive areas, you agree not to do any of the following:
Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content; Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and without Health & Wellness Associates Inc.’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
Health & Wellness Associates Inc. takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, Health & Wellness Associates Inc. is only a forum and is not liable for any statements, representations, or Content provided by its users.
Responsibility for Your Conduct. You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site. You agree to indemnify and hold harmless Health & Wellness Associates Inc. from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.
Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Health & Wellness Associates Inc. or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Health & Wellness Associates Inc. logo or other proprietary graphic or trademark of Health & Wellness Associates Inc. to link to this Site without the express written permission of Health & Wellness Associates Inc. This limited right may be revoked at any time.
Third-Party Links. Health & Wellness Associates Inc. makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from this Site, or third-party sites linking to this Site. The third-party linked sites are not under the control of Health & Wellness Associates Inc. and Health & Wellness Associates Inc. is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any review, changes or updates to such sites. Health & Wellness Associates Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Health & Wellness Associates Inc. of the site or any information contained therein. When leaving the Health & Wellness Associates Inc. Site, you should be aware that Health & Wellness Associates Inc.’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Choice of Law and Forum
These Terms are governed by laws and regulations of the State of New York. Any action to enforce or interpret them shall be brought and maintained exclusively in the Supreme Court of the State of New York in Suffolk County or the U.S. District Court for the Eastern District of New York. The parties irrevocably submit to the jurisdiction of said courts and waive all objections thereto.
Severability and Integration
Community Decency Policy
This policy applies to all content on the Health & Wellness Associates Inc. website (“Website”), www.healthwellnessrx.com, but specifically shall be applied to all customer reviews or other third-party generated content (“TGC”) that is posted to the Website.
TGC will be removed if it falls into the following categories:
• Vulgar or obscene language such as cursing
• Defamatory, derogatory, or inflammatory content
• Information or images that are considered or imply illegal conduct
• Inappropriate language with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic
• Confidential or private information such as a person’s financial or medical information, or a company’s trade secret
• Is unrelated to the company’s products or services
• Other content that is reasonably deemed to be objectionable by current societal norms
• Clearly false and misleading
If you have any concerns about the Website or these Terms, please send us an email at the email address given on this Site. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention. Contact us at Questions@healthwellnessrx.com.
Notice of Change