Terms & Conditions
Terms and Conditions of Service
BY VISITING WWW.MYBEWELLLIFE.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
The terms “we,” “us,” and “our” refer to The B.E. Well Company, LLC. The term the “Site” refers to www.mybewelllife.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
DIGITAL PRODUCTS FOR SALE, PHYSICAL PRODUCTS FOR SALE, AND MEMBERSHIP SITE, ETC. (the “Service”).
Use of this Site, including all materials presented herein and all online services provided by The B.E. Well Company, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Use of the Site and Service
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to CBD use, wellness products, and other information are subject to change. The B.E. Well Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. The B.E. Well Company disclaims all liability for any inaccuracy, error, or incompleteness in the Content. If you are not willing to be bound by these Terms and Conditions of Service, including all limitations contained herein, you may not access or use this Site. Your use of this site, purchase or use of any of our products constitutes your agreement to these Terms and Conditions of Service.
The B.E. Well Company, LLC shall be not held liable for any improper or incorrect use of the information or services on this website and assume no responsibility for anyone’s use of the information or services. The B.E. Well Company shall not be held liable for any direct or indirect damages caused in any way through the use of information or services on this website. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. This applies to any damages or injury which may be perceived by you, the website user, to be caused by the information or services on this website or by using this Site.
You understand that we do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet.
Health and Medical Information
Any statements, materials, or products made, distributed, or sold on this Site have not been evaluated by the Food and Drug Administration. Neither the products nor the ingredients in any of the products on the site have been approved or endorsed by the FDA or any other regulatory agency. The statements, materials, or products on the Site are not intended to diagnose, treat, cure or prevent any disease. The information, products, and material on this Site are for educational purposes only and are not intended to be a substitute for medical care or advice. The information herein should not be used to diagnose or treat any health problems or illnesses without consulting a medical physician. If you are pregnant, nursing, taking medication, or have a medical condition, we recommend consulting with a physician before using any of our products.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to The B.E. Well Company will always be accurate, correct, and up to date. Any passwords used for this site are for individual use only. You will be responsible for the security of your password and you agree to accept responsibility for all activities that occur under your account or password. We have the right to monitor your password and, at our discretion, require the password to be changed and/or terminate your account. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security is strictly prohibited. We have the right to release your details to system administrators at other sites in order to assist them in resolving security incidents if you become involved in any violation of system security. We reserve the right to investigate suspected violations of these Terms and Conditions of Service, and we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any Content that is believed to violate these Terms and Conditions of Service.
You may use the Site and Service for lawful purposes only. You may not use this site for any other purpose, including any commercial purpose, without our express prior written consent. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Cancellations, Refunds, and Returns
You may cancel your membership service at any time by emailing us at email@example.com. Please see our Return Policy for details about returns and refunds.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Material You Submit To The Site
Intellectual Property Rights To Your Materials
We claim no intellectual property rights over the material you supply to The B.E. Well Company. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to The B.E. Well Company remains yours to the extent that you have any legal claims therein. You agree to hold The B.E. Well Company harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
Our Intellectual Property
The Site and Service contain intellectual property owned by The B.E. Well Company, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of ourSite and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, THE B.E. WELL COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL ORDATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE B.E. WELL COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE B.E. WELL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE B.E. WELL COMPANY, AND IF NO PURCHASE HAS BEEN MADE BY YOU, THE B.E. WELL COMPANY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
Third Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with The B.E. Well Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
We may provide you with access to third-party tools which we neither monitor nor control. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of optional tools offered through the Site is entirely at your own risk and discretion.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation,attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You Shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
This Agreement constitutes the entire agreement between you and The B.E. Well Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by The B.E. Well Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by The B.E. Well Company.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
The B.E. Well Company
400 S. 4th Street, Ste 500
Las Vegas, NV 59101
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Nevada as applied to contracts that are executed and performed entirely in Nevada. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Clark County, Nevada. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: March 22, 2021