These terms and conditions ("Agreement") apply to use by You of the websites ("Sites") or information, graphics, documents, photos, and other materials and content ("Materials") provided by Bwell Now, a division of Ginny’s, Inc. (Bwell Now), along with "Our Family of Companies" or "Affiliates" Please click here to see a complete current list of those entities included within "Our Family of Companies" or "Affiliates" above), which are hereinafter referred to individually or collectively as "We", "Us", or "Our". "You" or "Your" means each person who accesses the Site (or any Materials on the Site), including, but not limited to, those who complete the registration process to establish an account ("Account") for the purpose of purchasing goods or services from the Site or using functionality that requires registration. As used in this Agreement, the term "Account" is distinguished from "Credit Account." Credit Account refers to one of our credit offerings.
PLEASE READ THESE TERMS CAREFULLY. BY USING THIS SITE OR MATERIALS, SUBMITTING INFORMATION, CREATING AN ACCOUNT, OR PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT AS AN INDIVIDUAL, "YOU" REFERS TO YOU INDIVIDUALLY. IF YOU ARE AGREEING TO THIS AGREEMENT AS A REPRESENTATIVE OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY AND "YOU" REFERS TO THAT ENTITY. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE ANY SERVICES, SITES, OR MATERIALS.
IMPORTANT NOTICE: THESE TERMS CONTAIN AN ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US OR OUR FAMILY OF COMPANIES.
2. Your Obligations
Subject to the terms of this Agreement, We grant You a limited, revocable, non-exclusive, and non-transferable right to use the Site and the Materials for Your intended lawful purpose for Your personal use, but not for re-sale or other commercial purposes. You are responsible for all use of Your Account and for ensuring that all use of Your Account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of Your password(s), if any. We shall have the right at any time to change or discontinue any aspect or feature of the Site or Materials, including, but not limited to, content, hours of availability, equipment or software needed for access or use, and Account functionality. You shall be responsible for obtaining and maintaining all Internet services, computer hardware, and other equipment or software needed for access to and use of the Site and all charges related thereto. To the extent You are permitted, pursuant to this Agreement, to share the Materials with others, You also agree to be fully responsible for their complying with the terms of this Agreement.
If You place an order or create an Account or Credit Account, You represent that You are of legal age to form a binding contract.
You agree to: (a) provide true, accurate, current, and complete information about Yourself if You utilize any portion of the Site that requires You to submit information, including, without limitation, personal information (all such information, the "Visitor Data"); and to (b) promptly update the Visitor Data to keep it true, accurate, current, and complete. Each Account is for one user only. You may not share Your Account credentials with another person, and You may not use the Account credentials of anyone else. You acknowledge that if You provide any Visitor Data that is untrue, inaccurate, not current, or incomplete; share Your Account credentials; or use the Account credentials of someone else, We have the right to suspend or terminate Your Account and refuse any and all current or future use of the Site, Account, or Materials.
From time to time we may run promotions, contests and sweepstakes which will be governed by specific rules, terms and conditions ('Rules'), in addition to the terms and conditions of this Agreement. In the event of a conflict between the specific Rules and this Agreement, the terms of the Rules will prevail.
3. Paying for Orders Online
You can purchase products and/or services on the Site. We accept online payment by: Bwell Now® Credit; credit or debit cards from MasterCard, VISA, Discover or American Express; or valid and applicable Bwell Now Gift Certificates. If a Bwell Now Credit account or a credit or debit card account is being used for a transaction, We may obtain preapproval for an amount up to the amount of the order, and any receipt of the order is subject to such preapproval prior to the order being approved.
You represent and warrant that if You are making online purchases or payments that (i) any Bwell Now Credit account or credit or debit card or check information You supply is true, correct and complete; (ii) charges incurred by You will be honored by Your credit card or debit company for credit card or debit charges, or by Your bank for bank account charges; (iii) You will pay the charges incurred by You in the amounts posted, including any applicable taxes; and (iv) You are the person in whose name the Bwell Now Credit account or credit or debit card or banking account was issued and You are authorized to make a purchase or other transaction with the relevant Bwell Now Credit account or credit or debit card or bank account information supplied to us.
4. Modification of Terms
We shall have the right at any time to change or modify this Agreement applicable to Your use of the Site or to the Materials, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon Our posting notice thereof on the Site. (Changes in contact information or minor typographical errors will simply be corrected on the Site.) Any use of the Site or the Materials by You after such notice has been posted on the Site shall be deemed to constitute acceptance by You of such changes, modifications, additions, or deletions. If You object to any changes, Your sole recourse shall be to cease using the Site or Materials.
5. Limited License
The Site and the Materials contain copyrighted material, trademarks, and other proprietary information (which may include, without limitation, text, software, photos, video, graphics, and documents); and, as between You and Us, We own all right, title, and interest in and to such Site and Materials (some of which rights may be licensed to Us by other members of Our Family of Companies, or others). No other licenses or rights are granted to You by implication or otherwise under any intellectual property or proprietary rights owned or controlled by Us or Our licensors. You may not, directly or indirectly, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Materials, in whole or in part, other than as expressly authorized by this Agreement. You may not in any manner use or exploit the Materials, in whole or in part, or any derivative works of the Materials, in a commercial manner, including re-selling the items or services portrayed in said Materials or derivative works. Non-commercial use includes editorial use such as on blogs, in articles or reviews, but excludes primarily commercial use and competitive use. You may download Materials for Your lawful personal use in accordance with this Agreement only and not for re-sale or commercial purposes. Except as otherwise expressly permitted under U.S. copyright law or other applicable laws, no copying, redistribution, retransmission, publication, or commercial exploitation of Materials is permitted without Our prior express written permission. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that You do not acquire any ownership rights by downloading Materials. Your possession and use of Materials does not give You any ownership or other rights in the Materials other than the limited, personal, non-exclusive, revocable license rights described in the following subsections:
(a) You are allowed reasonable lawful use of the Site and the Materials as such are viewed on Your personal computing device(s) or other electronic device(s) that are capable of accessing the Site (each a 'Device') so long as that use is directly related to the current or prospective relationship that You have, or may desire to have, with Us; and
(b) You have permission to display and electronically copy and print hard copy portions of the Site for Your lawful, personal, family or household (but non-commercial) use. You agree that the hard copy versions of the Materials remain Our property, subject to the terms of this Agreement. You agree not to copy any of the Materials onto Your Device's hard drive or any other electronic storage media, other than as reasonably necessary and incident to utilizing the rights granted to You in the preceding paragraph (a).
(c) You have permission to link to the Materials available through the Site and display said Materials for Your lawful personal, family, household or editorial (but non-commercial) use through Your personal profile available on non-commercial link aggregate websites or non-commercial content sharing websites, such as Pinterest.com. Non-commercial use includes editorial use such as on blogs, in articles or reviews, but excludes primarily commercial use and competitive use. You agree to not link to the Site and display the Materials on any other third-party websites in a commercial manner. We reserve the right to revoke at any time for any reason the permission granted to link to the Site and display the Materials as described in the preceding paragraph.
Unless as expressly permitted in this Agreement, You agree not to, and You will not permit others to, (i) license, sublicense, assign, convey or transfer, the rights and licenses granted hereunder; (ii) publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, co-brand, frame, host, outsource, or otherwise commercially exploit the Site or Materials; (iii) copy or reproduce the Site or Materials or any part thereof, in any form; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Site or Materials; (v) use the Site or Materials in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of Ours, Our third-party providers, or any other third-party; (vi) modify, translate, adapt, disassemble, reverse engineer, decompile, reverse compile, or create compilations or derivative works of, the Site or Materials, or any parts thereof (except to the extent applicable laws specifically prohibit such restriction), or (vii) use the Site or Materials for any service bureau, time-sharing, resale or similar purposes.
6. User Submissions
We may make available certain features to You through the Site, including the ability for You to review and comment on products to which You can post information and other content. For any information and/or content that You submit through such services, or otherwise provide to or through the Site (a 'Submission'), You hereby grant to Us a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to You, to: (a) use, reproduce, distribute, adapt, edit, modify, translate, reformat, create derivative works from, transmit, publicly display, link to, make, sell, offer for sale, export, publicly perform or otherwise use or exploit such Submission, and to incorporate the Submission into any other works, in any form, media, or technology now known or hereafter developed, for Our business purposes; and (b) to sublicense the foregoing rights to the maximum extent permitted by applicable law. For each Submission, You represent and warrant that You have all rights necessary for You to grant the licenses indicated in this section, and that such Submission, and Your provision of it to and through the Site, complies with all applicable laws, rules, and regulations. You hereby waive any moral rights You may have in such Submissions. You release, discharge, indemnify, and hold harmless Us and Our Family of Companies and their employees and agents from any claims or liabilities arising from the Submissions. We are not obligated to publish or use Your Submissions
7. User Conduct
You agree not to use the Site or Materials, any results from Your use of the Site, or any Visitor Data or Submissions to:
- Upload, transmit, or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
- Upload, transmit, access, or communicate any data or information that You do not have a right to transmit under any law or under contractual or fiduciary relationships;
- Upload, transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Upload, transmit, or communicate any data that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Intentionally or unintentionally violate any applicable local, state, national, or international law, including any privacy laws of any applicable jurisdiction;
- 'Spam', 'stalk,' or otherwise harass another;
- Collect and/or store personal data or other information about other users or non-users;
- Intentionally make available files with information designed to misidentify the actual content and/or sender of the file;
- Perform any unlawful, deceitful or fraudulent act; and/or
- For any commercial use.
We have no obligation to monitor Submissions (as defined below). You acknowledge and agree, however, that We and Our Family of Companies may change, terminate, or restrict access to any aspect of the Services, at any time, without notice. We and Our Family of Companies retain the right to (i) to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, or to protect Us, Our Family of Companies, the Site, users of the Site, or other third parties; (ii) monitor or review any Visitor Data or Submissions as We or Our Family of Companies choose; and (iii) remove, terminate access to, reject, restrict, or revise Visitor Data or Submissions that We or Our Family of Companies deem inappropriate or otherwise objectionable for any reason whatsoever at any time, without prior notice and in Our or Our Family of Companies’ sole discretion, for any or no reason, without seeking consent.
8. No Unlawful or Prohibited Use
As a condition of Your use of the Site, You warrant to Us that You will not use the Site for any purpose that is unlawful, deceitful, fraudulent or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, overburden, disable, or impair the Site. You may not obtain or attempt to obtain any Materials or information through any means not intentionally made available or provided for through the Site. You may not use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, 'scrape,' 'data mine,' or in any way reproduce or circumvent the navigational structure or presentation of the Site, without Our express prior, written consent. You may not: (i) modify, revise, translate, or create any derivative works of the Site and the Materials contained therein; (ii) decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code for the Site; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Site; or (iv) remove or alter any proprietary notices, legends, symbols, or labels in the Site, including, but not limited to, and trademark, logo, or copyright.
9. Jury Trial Waiver; Binding Arbitration; and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
JURY TRIAL WAIVER: BY USING THIS WEBSITE, SUBMITTING YOUR INFORMATION TO US, PLACING AN ORDER, OR REQUESTING OR OPENING AN ACCOUNT, YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES RELATED TO THE USE OF OUR WEBSITE, INFORMATION YOU PROVIDE TO US, ANY ORDER, OR THE ACCOUNT, INCLUDING BUT NOT LIMITED TO THE OPENING, USE, REPORTING, AND COLLECTION OF THE ACCOUNT.
BINDING ARBITRATION: BY USING THIS WEBSITE, SUBMITTING YOUR INFORMATION TO US, PLACING AN ORDER, OR REQUESTING OR OPENING AN ACCOUNT, YOU AND WE AGREE THAT ALL DISPUTES, CLAIMS, OR CONTROVERSIES (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY LAWS [FEDERAL, STATE OR LOCAL], CONSUMER PROTECTION LAWS, COMMON LAW, CASE LAW, INTENTIONAL OR OTHER TORTS, PROPERTY DISPUTES, INJUNCTIVE AND EQUITABLE CLAIMS) ARISING FROM OR RELATING TO YOUR USE OF THIS WEBSITE, INFORMATION YOU PROVIDE TO US, ORDER, PURCHASE, CHARGES, REQUEST FOR AN ACCOUNT, YOUR ACCOUNT, THESE RULES, ANY PURCHASE ON YOUR ACCOUNT, OR ANY RESULTING TRANSACTION OR RELATIONSHIP, INCLUDING THE VALIDITY OR ENFORCEABILITY OF THIS ARBITRATION PROVISION, SHALL BE RESOLVED BY BINDING ARBITRATION CONDUCTED BETWEEN YOU, INDIVIDUALLY, AND US. CLASS ACTION WAIVER. YOU AGREE TO BRING THE ARBITRATION IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate your claim with any other person's claim and may not otherwise preside over any form of a representative or class proceeding. The arbitrator will have no power to conduct a class or representative arbitration (and this entire arbitration provision shall be void if this limitation is not enforced). At your written request, we will pay reasonable filing, hearing, or administrative costs charged to you by the arbitration forum or arbitrator. We will each bear the expense of our respective attorneys’ fees, except as otherwise provided by law. Any arbitration initiated pursuant to this provision will take place in the city nearest to your residence where a federal district court is located or at such other location as agreed by the parties. Judgment upon an award granted at arbitration may be enforced in any court having jurisdiction. This arbitration provision is governed by the Federal Arbitration Act and made in connection with a transaction in interstate commerce. Any arbitration under this provision shall be conducted under the auspices of a single arbitrator selected in accordance with the procedures of the American Arbitration Association and shall be conducted pursuant to the rules of such organization. If the American Arbitration Association is unavailable to conduct the arbitration, the parties may agree to a substitute arbitration forum or the court may appoint a substitute forum. You understand that you have a right or opportunity to litigate disputes through a court, but by this arbitration provision, that you, individually, and us have chosen and agree to resolve disputes exclusively and finally through binding arbitration. Bwell Now AND YOU VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES COVERED BY THIS ARBITRATION PROVISION. If you would like to, you may obtain a copy of the procedures and rules by writing to the American Arbitration Association, 13455 Noel Road, Suite 1750, Dallas, TX 75240-6620 or through its website at https://www.adr.org/.
10. Disclaimer of Warranties and Limitation on Liability
YOU AGREE THAT YOUR USE OF THE SITE AND THE MATERIALS IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SITE, THE MATERIALS OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU 'AS IS' AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, WE, OUR FAMILY OF COMPANIES, AND OUR MARKETING COMPANIES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS OR OF ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE, THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING YOUR USE OF THE MATERIALS ON THE SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION TO YOUR DEVICE'S HARDWARE, SOFTWARE, OR INTERNET SERVICES THAT MAY RELATE TO USE OF THE SITE OR ANY OTHER ACTIVITY. UNDER NO CIRCUMSTANCES SHALL WE, OUR FAMILY OF COMPANIES, OR OUR MARKETING COMPANIES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. THIS PROVISION INCLUDES, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF US, OUR FAMILY OF COMPANIES, AND OUR MARKETING COMPANIES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE SHALL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID FOR USE OF THE SITE, OR (b) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU; AND, IN SUCH CASE, OUR LIABILITY AND THAT OF OUR FAMILY OF COMPANIES AND OUR MARKETING COMPANIES, AGENTS, AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US OR OUR FAMILY OF COMPANIES AND YOU.
THIS AGREEMENT GOVERNS YOUR USE OF THE SITE AND MATERIALS. YOUR PURCHASE OF ANY PRODUCT IS GOVERNED BY THE LIMITED WARRANTY PROVIDED WITH THAT PRODUCT.
11. Accuracy and Integrity of Information
Although We attempt to ensure the integrity and accurateness of the Site, We make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and the Materials thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. If an inaccuracy arises, please inform Us so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, We have no responsibility or liability for information or content posted to the Site from any non-affiliated third parties.
12. Typographical Errors and Incorrect Pricing
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from Our suppliers, We shall have the right to refuse or cancel any orders placed for product / service 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 or other credit account has already been charged for the purchase and Your order is canceled, We shall promptly issue a credit to Your credit card or other credit account in the amount of the incorrect price.
You agree to defend, indemnify, and hold harmless Us, Our Family of Companies, agents and licensors, and their respective directors, officers, employees, and agents from and against all claims, damages, expenses, costs, demands, and liabilities, including reasonable attorneys' fees, arising out of (i) Your breach of this Agreement; (ii) use of the Site or the Materials by You or via Your Account, or by any third party who may access the Site using Your Account; (iii) any Submissions or User Data; or (iv) Your violation of any law or the rights of any third party.
Notwithstanding the foregoing paragraph, if You are a resident of New Jersey, You only agree to indemnify and hold harmless the parties identified above from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to Your violation of this Agreement.
14. Release Regarding Third Parties
We are not responsible for third parties or their products and services, including, without limitation, any third-party products and services that enable the Site, equipment, ISPs, or carriers.
The Site, or any associated profiles operated and owned by Us available through third-party content-sharing websites (such as Pinterest.com) may contain links to other websites ('Linked Sites'). The Linked Sites are not under Our control or the control of any member of Our Family of Companies; and We make no representations, warranties, promises, or guarantees, either express or implied, concerning the content of such Linked Sites, including the accuracy, completeness, reliability, or suitability of such Linked Site for any particular purpose, nor do We represent, warrant, promise, or guarantee that such Linked Site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such Linked Site or content is devoid of viruses or other contamination. Links to other websites do not imply any endorsement of or responsibility by Us for the opinions, ideas, products, information, or services offered at such Linked Sites, or any representation regarding the content at such Linked Sites. You agree that We have permission to display or otherwise use any images available through any website or content-sharing profile You own and/or operate by linking to such content via a content-sharing website, such as Pinterest.com, including Your name and likeness. In the event You wish to contact Us regarding a Linked Site that You own, please contact Bwell Now , Attn: Brand Manager for Bwell Now . You can also Email Us.
WE HEREBY DISCLAIM AND YOU HEREBY DISCHARGE, WAIVE AND RELEASE US AND OUR LICENSORS AND SUPPLIERS FROM ANY PAST, PRESENT, AND FUTURE CLAIMS, LIABILITIES, AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR INTERACTIONS WITH THIRD PARTIES OR LINKED SITES AND THEIR PRODUCTS AND SERVICES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
15. Communicating with Us
You agree and consent to Our sending You disclosures, messages, notices, and other communications to You using electronic communications, such as email.
By sending Us any ideas, comments, suggestions, questions, or other material (each is considered to be included in the definition of “Submission” above), You grant, without compensation, to Us and Our Family of Companies a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute, adapt, edit, modify, translate, reformat, create derivative works from, transmit, publicly display, and publicly perform such material in any manner, and to incorporate the Submission into any other works, in any media now known or hereafter developed, including in connection with Us, Our Family of Companies' business and commercial purposes. You also agree that We or Our Family of Companies are free to use any ideas, concepts, know-how, or techniques that You send us for any purpose. You agree that You shall remain solely liable for the contents of any Submissions to the Site made by You or others using Your Account. Our postal contact regarding the matters set forth in this Agreement is as follows: Bwell Now, Attn: Brand Manager for Bwell Now. You can also Email Us .
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site is provided by Bwell Now 1112 7th Avenue Monroe, WI 53566-1364 . If You have a question or complaint regarding the Site, please Email Us . California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
We shall have the right to immediately terminate Your Account in the event of any conduct by You which We, in our sole discretion, considers to be unacceptable, or in the event of any breach by You of this Agreement. Any and all provisions, promises, and warranties contained herein, which by their nature or effect are required or intended to be observed, kept or performed after expiration or termination of this Agreement (including, without limitation, representations and warranties, licenses, assignments, provisions regarding intellectual property, indemnification, limitation of liability, dispute resolution, and miscellaneous provisions), will survive the expiration or termination of this Agreement and remain binding upon, and for the benefit of, the parties hereto.
17. Notices of Claimed Infringement
If You believe that Your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information in writing to Bwell Now Copyright Agent named below:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that You claim has been infringed;
- a description of where the material that You claim is infringing is located on the Site;
- Your address, telephone number and email address;
- a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement can be reached at:
Attention: Copyright Agent
1112 7th Avenue
Monroe, WI 53566.
19. Trademarks and Intellectual Property
Bwell Now is a registered trademark of Colony Brands, Inc. and/or its subsidiaries. All other brand names and trademarks referenced in this Site are trademarks of their respective owners.
Unless otherwise specified in this Agreement, all information and screens appearing on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Colony Brands, Inc. and/or its subsidiaries. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
20. Other Important Policies
21. United States Business
We are based in the State of Wisconsin in the United States of America and operate solely in the United States. We do not market, sell, or deliver products outside the United States. This Site is for use only by persons located in the United States. We make no claims that the Site or any Materials are accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If You access the Site from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.
Last modified: August 18, 2021