Effective as of September 1, 2021
This Agreement applies to the purchase and sale of products, and use of information, through http://www.wellbymelnutrition.com (referred to as the ‘site’). By accessing or otherwise using any portion of the Services, you agree to be bound by the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, you should not access or otherwise use any portion of the site or the Services.
By placing an order for such products, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products from this site.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Well By Mel or its suppliers and is protected by the U.S. and international copyright laws. All trademarks, service marks, and trade names are proprietary. All trademarks, service marks, and trade names not owned by Well By Mel that appear on this site are the property of their respective owners, who may or may not be affiliated with Well By Mel. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. All software used on this site is the property of Well By Mel or its software suppliers and is protected by U.S. and inter-national copyright laws, and may not be reproduced, modified, distributed, transmitted, or republished.
ADVERTISING DISCLAIMER AND TRADEMARKS
If we post descriptions of products on our site, the prices and content are the representations of our suppliers. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising, or shipping errors. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have 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 canceled, we will immediately issue a credit to your credit card account in the amount of the charge. All trademarks and registered trademarks relating to products available through our site are the sole property of their respective owners. Photographs displayed on our site are courtesy of the respective manufacturers.
Any products we may sell on our site come with the warranty that is supplied directly by the manufacturer. We are not responsible for product failures. We are not responsible for shipping costs other than due to our own mistake. Any item that is altered or changed from its original state without the consent of the manufacturer may not be returned and may not receive warranty support. The warranty for a product is facilitated by us; however, we can only enforce the manufacturer’s decisions.
REVISIONS AND ERRATA
The materials appearing on http://www.wellbymelnutrition.com could include technical, typographical, or photographic errors. Well By Mel does not warrant that any of the materials on its web site are complete or current. Well By Mel may make changes to the materials contained on its web site at any time, but does not make any commitment to update the materials.
Well By Mel has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Well By Mel of the site. Use of any such linked web site is at your own risk.
We may modify this Agreement from time to time. If we make material changes to the Agreement, we will notify you by email or through a message posted on the Services. You agree that such modified Agreement will be effective five (5) days after our notice to you, except for changes that relate to new features or for legal reasons, which will become effective immediately. Your continued use of the Services after our provision of notice to you will constitute your affirmative acceptance to the modified Agreement. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Services.
YOUR LICENSE TO USE THE SERVICES
Subject to the terms and conditions of this Agreement and your payment of any required fees (if applicable), Well By Mel hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Services, and otherwise view and use the Services to the extent permitted by their intended functionality, for your own individual personal, non-commercial purposes and not for the sublicense to or use by third parties. Any access or use of the Services through an application, service, or method provided by a party other than Well By Mel or one of our licensed partners is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action.
RESTRICTIONS ON YOUR LICENSE
Except as otherwise specifically permitted in this Agreement, you shall not: (a) modify, download, or intercept the Services, or create any derivative works of them including any translations or localizations thereof; (b) access or use the Services through an application or means not authorized by Well By Mel; (c) copy, store, edit, change, exploit, or prepare any derivative work of, or alter in any way any of the content made available through the Services;(d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the Services; (e) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Services or on products offered through the Services; (f) provide your username and password used to access the Services to any third party; (g) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services; (h) circumvent any technological measures employed by or on behalf of Well By Mel to protect the Services; or (i) aid or encourage any third party to engage in any activity that would constitute a breach of this Agreement.
ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
Any claim relating to the Services and/or the Well By Mel web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT THAT LOCAL LAW EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
WELL BY MEL MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WELL BY MEL DISCLAIMS ANY LIABILITY RELATING THERETO.
WELL BY MELL’S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICES AT ISSUE WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL WELL BY MEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF WELL BY MEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.