The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of Wellvation.com including any content, functionality and services offered, whether as a guest or registered user.
1. Acceptance of Terms of Service
Please read these Terms of Service carefully before using the Wellvation.com and using the services (“Services”) provided and managed by Wellvation, LLC (the “Company”). These Terms of Service set forth the legally binding terms and conditions for your use of the Wellvation.com website. By using Wellvation.com in any manner, you accept and agree to be bound and abide by these Terms of Service incorporated herein by reference. If you do not agree to these Terms of Service please refrain from accessing or using Wellvation.com
2. Changes and Modifications
The Company reserves the right, at our sole discretion, to modify or replace these Terms of Service by posting updated terms on our website. Your continued use of the Wellvation.com after any such changes constitutes your acceptance of the new Terms of Service. Please review the website periodically for changes. If you do not agree to any or all posted changes, please do not continue to access or use Wellvation.com.
3. Accessing the Website and Account Security
The Company will do our best to ensure that Wellvation.com is operational at all times, except for periodic down times relating to updates and maintenance. We will not be liable if for any reason Wellvation.com is unavailable at any time or for any period. We will provide a customer support e-mail and will respond within a reasonable time period to all service and help requests. We cannot be held responsible for Internet outages, faulty connections, or other connectivity issues beyond our control.
We have the right to disable any e-mail account, user name, password or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
4. External Links and Content
Wellvation.com may contain links to other sites and resources provided by third parties. These links are provided for your convenience only and include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and 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 of the third-party websites linked to Wellvation.com, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
5. User Age Requirement
In compliance with the requirements of Children’s Online Privacy Protection Act (COPPA), we do not collect any information from any person under 13 years of age. If you are aged 13 years or younger, please do not download or use Wellvation.com. If you are 13 or older but under the age of 18, you should review these Terms of Service with your parent or guardian to make sure that you and your parent or guardian understand it. While persons under the age of 18 may use our services, only adults may purchase our services. If you are under 18, you may only use our services with the supervision and involvement of a parent or guardian. We reserve the right to refuse our services to any minor who attempts to purchase services without the involvement of an adult.
6. Copyrights, Trademarks, and Service Marks
Wellvation.com and its original content, features and functionality are owned by the Company and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the Company.
7. Dispute Resolution
Any controversy or claim arising out of or relating to this agreement, or a breach thereof, shall be settled by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. The arbitration shall take place in [LOCATION], in the English language and the arbitral decision may be enforced in any court.
8. Governing Law, Jurisdiction and Venue
All matters relating to Wellvation.com and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Minnesota U.S.A., without giving effect to any choice or conflict of law provision or rule.
9. Geographic Restrictions
Wellvation.com is controlled and offered by the Company from its facilities in the United States of America. If you are accessing or using Wellvation.com from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, Wellvation.com may contain or provide links to content hosted on websites located outside of the United States of America.
You agree to indemnify and hold harmless the Company from and against any and all losses, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of the Terms of Service. You also agree to indemnify and hold harmless the Company from and against any and all claims brought by third parties arising out of your use of any of Wellvation.com.
11. Limitation of Liability
Except to the extent required by applicable law and then only to that extent, in no event will the Company, its employees, contractors, officers, directors, affiliates or agents, be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with Wellvation.com(or the termination thereof for any reason), even if foreseeable or if any form of notice has been provided.
THE COMPANY HEREBY DISCLAIMS 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. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Violation of this Agreement
Any user who violates this agreement may be blocked from future access from using [APP OR WEBSITE]. We may terminate your access to Wellvation.com without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of these Terms of Service shall by their nature survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Contacting Us
For questions regarding these Terms of Service, please contact us using the information below.