Terms and Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of this site
are subject to the following terms and conditions and other applicable law. If
you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Be Well USA, Inc. The
collective work includes works that are licensed to Be Well USA, Inc. Copyright
2003, Be Well USA, Inc ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with Be Well USA, Inc or purchasing Be Well USA,
Inc products. You may display and, subject to any expressly stated restrictions
or limitations relating to specific material, download or print portions of the
material from the different areas of the site solely for your own
non-commercial use, or to place an order with Be Well USA, Inc or to purchase
Be Well USA, Inc products. Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is strictly
prohibited, unless authorized by Be Well USA, Inc. You further agree not to
change or delete any proprietary notices from materials downloaded from the
site.
Trademarks
All trademarks, service marks and trade names of Be Well USA, Inc used in the
site are trademarks or registered trademarks of Be Well USA, Inc
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Be Well USA, Inc
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. Be Well USA, Inc does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. Be Well USA, Inc
does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability
Be Well USA, Inc shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if Be Well USA, Inc has been
advised of the possibility of such damages. Applicable law may not allow the
limitation of exclusion of liability or incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Be Well USA, Inc product is mistakenly listed at an
incorrect price, Be Well USA, Inc reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. Be Well USA, Inc
reserves the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled, Be Well USA,
Inc shall issue a credit to your credit card account in the amount of the
incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Be Well USA, Inc without
notice at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Be Well USA, Inc may deliver notice to you by means of e-mail, a general notice
on the site, or by other reliable method to the address you have provided to Be
Well USA, Inc.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this site (including but
not limited to the purchase of Be Well USA, Inc products) shall be in the state
or federal courts located in Los Angeles County, California. Any cause of
action or claim you may have with respect to the site (including but not
limited to the purchase of Be Well USA, Inc products) must be commenced within
one (1) year after the claim or cause of action arises. Be Well USA, Inc's
failure to insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. Be Well USA, Inc may
assign its rights and duties under this Agreement to any party at any time
without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Be Well USA, Inc or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
Be Well USA, Inc does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Be Well USA, Inc is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However, Be Well
USA, Inc reserves the right to block or remove communications or materials that
it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Be Well USA, Inc in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Be Well USA, Inc, its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Be Well USA, Inc may
link to sites operated by third parties. However, even if the third party is
affiliated with Be Well USA, Inc, Be Well USA, Inc has no control over these
linked sites, all of which have separate privacy and data collection practices,
independent of Be Well USA, Inc. These linked sites are only for your
convenience and therefore you access them at your own risk. Nonetheless, Be
Well USA, Inc seeks to protect the integrity of its web site and the links
placed upon it and therefore requests any feedback on not only its own site,
but for sites it links to as well (including if a specific link does not work).
Product Return Policy
We offer no quibble money back guarantee on all products
received within (14) days of receiving. We regret that this does not apply to post and packaging. Please return products with its original packaging.
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