wellnesscenter.net Terms of Use
Agreement
Thank you for visiting the www.wellnesscenter.net
web site.
These Terms of Use set forth the agreement
between the www.wellnesscenter.net web site, which
is owned, operated and maintained by The Wellness
Center, Inc., a leading provider of online information,
products and services for optimum health and wellness,
and each user governing the use of this web site.
Our web site is designed to provide a convenient,
private and informative experience for its visitors
as well as a place to purchase The Wellness Center,
Inc., Dr. Theresa Dale or The Wellness Center, Inc.,
Dr. Theresa Dale related or approved products and
services created to facilitate an active, healthy
lifestyle. The Wellness Center, Inc., and our respective
subsidiaries and affiliates ("we", "us",
"our") want each visitor to our web site
to have a safe, pleasurable visit, so we have established
the following terms and conditions so that we (and
you) know what to expect from each other. Please read
these terms and conditions carefully before using
our web site. By using this web site, you agree to
be bound by these Terms of Use. If you do not agree
to the terms and conditions contained in these Terms
of Use, you may not access or otherwise use this web
site. We may make changes to our web site, these terms
and conditions, or the policies and conditions that
govern the use of our web site at any time. We encourage
you to review our web site and these terms periodically
for any updates or changes. Your continued access
or use of our web site shall be deemed your notification
and acceptance of these changes.
THIS SITE DOES NOT PROVIDE ANY
MEDICAL ADVICE
Information on this web site is provided for informational
purposes only and is not intended as a substitute
for the advice provided by your physician or other
healthcare professional or any information contained
on or in any product label or packaging. You should
not use the information on this web site for diagnosing
or treating a health problem or disease, or prescribing
any medication or other treatment. You should always
speak with your physician or other healthcare professional
before taking any medication or nutritional, herbal
or homeopathic supplement, or adopting any treatment
for a health problem. For any products or services
purchased from this web site, you should read carefully
all product packaging and instructions. If you have
or suspect that you have a medical problem, promptly
contact your health care provider. Never disregard
professional medical advice or delay in seeking professional
advice because of something you have read on this
web site. Information provided on this web
site and the use of any products or services purchased
from our web site by you DOES NOT create a doctor-patient
relationship between you and any of the physicians
affiliated with our web site. 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.
COPYRIGHT AND TRADEMARKS
“The Wellness Center, Inc., Dr. Theresa Dale,”
“Your Guide To Optimum Health,” and all
logos, page headers, custom graphics and icons are
trademarks and/or service marks owned by The Wellness
Center, Inc. All other trademarks, product names,
and company names and logos appearing on our web site
are the property of their respective owners.
Our web site and our e-bulletins contain
information, data, software, photographs, graphics,
videos, text, images, typefaces, sounds, and other
material (collectively "content") that are
protected by copyrights, trademarks, or other proprietary
rights, and these rights are valid and protected in
all forms, media and technologies existing now or
developed in the future. All content is copyrighted
as a collective work under the United States copyright
laws, and we own a copyright in the selection, coordination,
arrangement, and enhancement of such content.
You may not modify, remove, delete,
augment, add to, publish, transmit, participate in
the transfer or sale of, create derivative works from,
or in any way exploit any of the content, in whole
or in part. All rights to such content are reserved
to their respective copyright owners. Permission is
granted to electronically copy and to print in hard
copy portions of this web site and/or our e-bulletins
for the sole purpose of placing an order with www.wellnesscenter.net.
Except as provided in the preceding sentence or as
permitted by the fair use privilege under the United
States copyright laws (see e.g. 17 U.S.C. Section
107), you may not reproduce, or distribute in any
way content protected by copyright, or other proprietary
right, without obtaining permission of the owner of
the copyright or other proprietary right. Any other
use of the content on this web site and/or in our
e-bulletins, including reproduction for purposes other
than as noted above, modification, distribution, replication,
commercial or other use, without our prior written
permission, is strictly prohibited. If you violate
any of these terms, your permission to use the content
will automatically terminate and you must immediately
destroy any copies you have of any portion of the
content.
YOUR ACCOUNT OBLIGATIONS
In order to use our web site, you agree to provide
true, accurate, current and complete information about
yourself on the membership application form and to
maintain and promptly update such account information.
If you provide any untrue or inaccurate information,
or if we have reasonable grounds to suspect that such
information is untrue or inaccurate, we may suspend
or terminate your account and refuse all current and
future use by you of our web site. Account information
and certain other information about you are subject
to the terms of our privacy policy (see our privacy
policy by clicking here).
You will receive a password and account
designation after you have completed your membership
application form and provided the required account
information. You agree to maintain the security of
your account on our web site, including the confidentiality
of your password and other account information, and
you are fully responsible for all activities that
occur under your password or account, including all
charges resulting from unauthorized use of your account.
You agree to immediately notify us of any unauthorized
use of your password or account or any other breach
of security.
COMMERCIAL TRANSACTIONS
Certain products or Services may be offered for sale
on wellnesscenter.net. In the event you wish to purchase
or to subscribe for any of these products or Services,
you will be asked by wellnesscenter.net or an authorized
third party to supply certain information, including
without limitation, your full name, address, telephone
number and credit card information. You agree to provide
wellnesscenter.net or such third party with the foregoing
information as well as any other mandatory information
that is accurate, complete and current, and to comply
with the terms and conditions of any agreement that
you may enter into governing your purchase of the
product or Service. You shall be responsible for all
charges incurred through your account as well as for
paying any applicable taxes.
Some services offered by wellnesscenter.net
are subscription-based services. If you open a subscription-based
account with wellnesscenter.net, you hereby agree
to pay all charges to your account, including any
applicable taxes, in accordance with billing terms
in effect at the time the fee or charge becomes payable.
wellnesscenter.net reserves the right to change the
amount of, or basis for determining, any fees or charges
for Services we provide, and to institute new fees,
charges or terms effective upon notice to subscribers.
We reserve the right to terminate any account at any
time for any reason. wellnesscenter.net agrees that
it will notify you when, and if, we decide to terminate
your account.
Your subscription will be automatically
renewed and your credit card will be automatically
charged on a quarterly, monthly or weekly basis, depending
upon the billing terms for your account, for as long
as you remain a member. You agree that wellnesscenter.net
will not be obligated to send you any renewal or advance
billing notices or confirmations that your credit
card has been charged.
Your right to use the Service or a specific
product is conditional upon our receipt of payment.
If payment cannot be charged to your credit card or
if a charge is refunded for any reason, including
chargeback, we reserve the right to immediately either
suspend or terminate your access and account, thereby
terminating this Agreement and all wellnesscenter.net
obligations hereunder. You are required to pay any
amounts still owed to us at the time your account
is suspended or terminated.
In the event you elect to terminate
your subscription and wellnesscenter.net is notified
accordingly by emailing 4andrew@earthlink.net,
Monday through Friday, 9 a.m. to 5 p.m. Eastern time,
you may be entitled to receive, on request, any refunds
available to you. Policies differ. Terminations are
not retroactive. If you terminate your membership
after your membership period has begun, you may be
entitled to a refund for the unexpired portion of
that membership period, less any applicable minimum
charges. You may still be obligated to pay for other
charges incurred.
You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes,
any portion of our web site, use of our web site,
or access to our web site. You agree not to access
our web site by any means other than through the interface
provided by us for use in accessing our web site.
You hereby acknowledge that any violation
of any of our policies may result in termination of
your access to our web site, deactivation or deletion
of your account and all related information and files
in your account, and preclusion of any further access
to such files or our web site, without prior notice.
USAGE OF OUR WEB SITE BY MINORS
Due to the nature of the internet, we cannot prohibit
minors from visiting our web site. However, all purchases
of goods or services on our web site must be made
by adults 18 years of age or older, and all users
who register with our web site must be 18 years of
age or older or provide parental consent (see Privacy
Policy).
DISCLAIMERS
This web site is provided for your use on an “as
is,” “as available” basis. We, along
with our affiliates, officers, directors, employees,
agents, third-party content providers, merchants,
sponsors, licensors, or the like (collectively, “associates"),
do not make any representations or warranties of any
kind, express or implied, with respect to our web
site or its content, including, without limitation,
the products, services or information offered or sold
on or through our web site or any other web site to
which our web site links and the uninterrupted or
error-free use of our web site. We expressly disclaim
all such representations and warranties, including,
without limitation, all warranties of merchantability,
accuracy, timeliness, completeness, fitness for a
particular purpose and non-infringement to the fullest
extent permitted by law. We do not warrant that our
web site or files available on our web site will be
free from corrupted data, computer viruses or similar
destructive or contaminating code. No oral advice
or written information provided by us or our affiliates
shall create a warranty of any kind. Your use of this
web site and any site linked to our web site is expressly
at your own risk.
All information contained on our web
site, including information relating to medical and
health conditions, products and treatments, is for
informational purposes only, and not as medical advice.
Such information is often presented in summary or
aggregate form and is not meant to be a substitute
for the advice provided by your physician or other
medical professional(s) or for any information contained
on or in any product packaging or labels. You should
not use the information contained on this web site
for the diagnosis of a health problem or the prescription
of medication.
You should always consult your physician
and medical advisors before purchasing or using any
products, services or information available on our
web site. In addition, you should carefully read all
information provided by the manufacturers of the products
or in the product packaging and labels before using
any product purchased from our web site. Information
provided on this web site and the use of any products
or services purchased from our web site by you DOES
NOT constitute a doctor-patient relationship between
you and any of the physicians affiliated with our
web site. 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.
Further, we explicitly disclaim any
responsibility for any product or service or the accuracy,
content, or availability of information found on other
web sites that contain links to or from our web site.
Because some web sites employ automated search results
or otherwise link you to web sites containing information
that may be deemed inappropriate or offensive, we
cannot be held responsible for the accuracy, copyright
compliance, legality, or decency of material contained
in third-party web sites, and you hereby irrevocably
waive any claim against us with respect to such web
sites.
Price and availability information on
our web site are subject to change without notice.
LIMITATION OF LIABILITY
Under no circumstances shall we or any other party
involved in creating, producing, or distributing our
web site be liable for any direct, indirect, incidental,
special or consequential damages or loss of profits,
good will, use, data or other intangible losses (even
if we have been advised of the possibility of such
damages) that result from (i) any delay, failure,
interruption or corruption of our web site or any
data or information transmitted in connection with
the use of this web site. (ii) personal injury or
death caused by your use or misuse of our web site,
(iii) the cost of procurement of substitute goods
and services resulting from your use of any goods,
data, information or services purchased or obtained
or messages received or transactions entered into,
through or from our web site (iv) unauthorized access
to or alteration of your transmissions or data, (v)
statements or conduct of any third party on our web
site, or (vi) any other matter relating to our web
site. You hereby acknowledge that this paragraph shall
apply to all content, merchandise, and services available
through our web site. Because some states do not allow
the exclusion or limitation of liability for consequential
or incidental damages, in such states, liability is
limited to the fullest extent permitted by law.
Notwithstanding the above, our sole
liability for any reason to you, and your sole and
exclusive remedy for any cause or claim whatsoever,
shall be limited to the amount paid by you for any
product, information or service purchased by you from
us through our web site..
INDEMNITY
You agree to indemnify, defend, and hold harmless
us, our officers, directors, employees, agents, providers,
merchants, sponsors, licensors and affiliates from
and against all claims, actions, demands, judgments,
losses, and liabilities (including, without limitation,
costs, expenses and attorneys' fees) by you or any
third-party resulting or arising, directly or indirectly,
out of content you submit, post to or transmit through
our web site, your use of our web site, your connection
to our web site, your violation of these Terms of
Use, or your violation of any rights of another person.
PRIVACY
We respect your privacy in accordance with the terms
of our privacy policy (see our privacy policy by clicking
here: Privacy Policy).
We reserve the right to monitor our web site and to
disclose any information recorded or posted on, submitted
to, or transmitted through our web site to the extent
that we, in our sole discretion, deem such disclosure
necessary or appropriate to comply with any law, regulation,
subpoena, or government request, to operate our web
site, or to protect our rights or property or the
rights or property of our users. In addition, we are
committed to protecting the privacy of children. This
web site is not intended or designed to attract children
under the age of 13 (see Usage of our Web Site by
Minors above).
EXPORT
The United States export control laws regulate the
export and re-export of technology originating in
the United States. This includes the electronic transmission
of information and software to foreign countries and
to certain foreign nationals. You agree to abide by
these laws and their regulations, including, but not
limited to, the Export Administration Act and the
Arms Export Control Act, and not to transfer, by electronic
transmission or otherwise, any content derived from
our web site to either a foreign national or a foreign
destination in violation of such laws.
OUR RIGHTS
We may elect to electronically monitor areas of our
web site. We are not responsible for screening, policing,
editing, or monitoring content on our web site. If
notified of allegedly infringing, defamatory, damaging,
illegal, or offensive content, we may investigate
the allegation and determine, in our sole discretion,
whether to remove or request the removal of such content
from our web site. We may terminate your access, or
suspend your access to all or part of our web site,
without notice, for any conduct that we believe, in
our sole discretion, is in violation of any applicable
law or is harmful to us, our interests or the interests
of another user, a third-party provider, merchant,
sponsor, licensor, or service provider. Because customer
service is paramount to our business, we reserve the
right to refuse to sell products to you if it reasonably
appears to us that you intend to resell the products.
In addition, we reserve the right to limit quantities
of items purchased by each customer.
APPLICABLE LAW; JURISDICTION
AND VENUE
Wecontrol our web site from our offices within the
United States. We make no representation that the
content on our web site is appropriate, legal or available
for use in other locations. Those who choose to access
our web site from other locations do so on their own
initiative and are responsible for compliance with
applicable local laws. You may not use or export the
content in violation of United States export laws
and regulations. Any claim relating to our web site,
the services provided through our web site or the
content shall be governed by the internal laws of
the state of California, without reference to its
choice of law provisions. If there is a dispute between
you and us, you expressly agree that exclusive jurisdiction
and venue reside in the state and federal courts located
in Santa Cruz, California.
TERMINATION
In the event you elect to terminate your subscription
and Wellness Center.net is notified accordingly by
calling 866-962-6484, Monday through Friday, 9 a.m.
to 8 p.m. Pacific Coast time, you may be entitled
to receive, on request, any refunds available to you.
Policies differ. Terminations are not retroactive.
If you terminate your membership after your membership
period has begun, you may be entitled to a refund
for the unexpired portion of that membership period,
less any applicable minimum charges. You may still
be obligated to pay for other charges incurred. If
you have an outstanding balance due on any Wellness
Center.net account, you hereby agree that wellnesscenter.net
may charge these unpaid fees to your credit card.
If you have billing questions, please email
us at wellnessbilling@earthlink.net.
FUNDING
All funding and support for this web site is provided
by The Wellness Center, Inc., a private commercial
business.
ADVERTISING POLICY
We clearly identify those items which are advertisements
separately from those items which contain editorial
content.
GENERAL INFORMATION
These Terms of Use constitute the entire agreement
between you and us and govern the use of our web site.
You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party
content or third-party software. Our failure to exercise
or enforce any right or provision of these Terms of
Use shall not constitute a waiver of such right or
provision. If any provision of these Terms of Use
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 these Terms of Use 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 our web site or these
Terms of Use must be filed within one year after such
claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience
only and have no legal or contractual effect.
COPYRIGHT NOTICE
Copyright © 2006 The Wellness Center, Inc., doing
business as www.wellnesscenter.net. All rights reserved.
Any rights not expressly granted herein are reserved.
I Agree (click
to become a member)