TERMS OF USE
My Wellness Journey LLC welcomes you to our website located at www.mwjourney.com (the “Site””). Your use of the Site and/or the information, products or services available on the Site confirms your unconditional acceptance of and agreement to be bound by the terms set forth herein. We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the use of the Site at any time without notice by posting the amended terms on the Site. We encourage you to review the Site and these terms from time to time for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. You must read, agree with and accept all of these Terms of Use before you make a purchase through or use the Site.
YOUR ACCOUNT OBLIGATIONS AND USE ELIGIBILITY
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted at checkout for your account information (the “Account Information”) and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you is subject to our Privacy Policy set forth on this website.
The Site and the information, products and services offered therein are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our products and services are not available to minors. If you are a minor, you may use the Site only in conjunction with your parent or guardian. You, the user, affirm that you either are over 18 years of age, are an emancipated minor, or have obtained the consent of your parent or guardian prior to using the Site. You, the user, warrant that you are fully able and competent to comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and that you will abide by these Terms of Use. If you do not meet these qualifications, please do not use the Site and/or the information, products and services offered therein.
YOUR CONDUCT
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, (i) any portion of the Site, (ii) use of the Site, or (iii) access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
COPYRIGHTS
Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of placing an order with My Wellness Journey LLC or using the Site as a shopping resource. Any other use of materials on the Site; including reproduction for purposes other than those noted above, modification, distribution, or republication; without the prior written permission of My Wellness Journey LLC, is strictly prohibited. All material and information presented by My Wellness Journey LLC is intended to be used for educational purposes only.
DISCLAIMERS
THE STATEMENTS MADE ABOUT PRODUCTS ON THE SITE AND THE CONTENTS OF THE SITE HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY CONDITION OR DISEASE. PLEASE CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PRACTITIONER REGARDING THE SUGGESTIONS AND RECOMMENDATIONS MADE ON THE SITE OR BY MY WELLNESS JOURNEY LLC, ITS REPRESENTATIVES OR EMPLOYEES.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER MY WELLNESS JOURNEY LLC, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, MANAGERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE (COLLECTIVELY, “ASSOCIATES”), WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES MY WELLNESS JOURNEY LLC OR ITS ASSOCIATES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND MY WELLNESS JOURNEY LLC AND ITS ASSOCIATES SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MY WELLNESS JOURNEY LLC OR ITS AFFILIATES SHALL CREATE A WARRANTY.
All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only and it is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals or any information contained on or in any product packaging or labels. Information about each product is taken from the labels of the products or from the manufacturer’s advertising material. My Wellness Journey LLC is not responsible for any statements or claims that various manufacturers make about their products. We cannot be held responsible for typographical errors or product formulation changes. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THE SITE FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON THE SITE. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN AND MEDICAL ADVISORS PRIOR TO TAKING ANY PRODUCTS SOLD ON THE 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 THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THE SITE FROM THIRD PARTIES NOT ASSOCIATED WITH US. WE ENCOURAGE DISCRETION WHEN BROWSING THE INTERNET USING SERVICES ON THE INTERNET. BECAUSE SOME SITES EMPLOY AUTOMATED SEARCH RESULTS OR OTHERWISE LINK YOU TO 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 SITES, AND YOU HEREBY BY USE OF THE SITE IRREVOCABLY WAIVE ANY CLAIM AGAINST MY WELLNESS JOURNEY LLC AND ITS ASSOCIATES WITH RESPECT TO SUCH SITES. WE DO NOT ENDORSE THESE THIRD PARTY SITES OR THEIR USE OR CONTENTS.
LIMITATION OF LIABILITY AND INDEMNIFICATION
UNDER NO CIRCUMSTANCES SHALL MY WELLNESS JOURNEY LLC, ITS ASSOCIATES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, MULTIPLE OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (HOWEVER ARISING, INCLUDING NEGLIGENCE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES OFFERED THEREIN; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES OFFERED THEREIN. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THIS LIMITATION OF MY WELLNESS JOURNEY LLC AND ITS ASSOCIATES’ LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR BY STATUTE. THE LIABILITY OF MY WELLNESS JOURNEY LLC AND ITS ASSOCIATES TO YOU OR ANY THIRD PARTIES, IN ANY CIRCUMSTANCES, IS LIMITED TO THE GREATER OF (i) THE AMOUNT OF THE PURCHASED PRODUCTS AND (ii) $100. YOU, THE USER, SPECIFICALLY ACKNOWLEDGE AND AGREE BY USE OF THE SITE THAT THIS LIMITATION OF LIABILITY IS PART OF THESE TERMS OF USE AND WAS SPECIFICALLY INCLUDED BY MY WELLNESS JOURNEY LLC IN THE CALCULATION AND ESTABLISHMENT OF THE PRICES PAID BY CUSTOMERS, WHICH, BUT FOR THIS LIMITATION, WOULD HAVE BEEN MUCH HIGHERER.
YOU AGREE TO INDEMNIFY AND HOLD MY WELLNESS JOURNEY LLC AND ITS ASSOCIATES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THE SITE, YOUR USE OF THE SITE, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY.
OUR RIGHTS
We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect My Wellness Journey LLC’s rights or property or the rights or property of its Associates. We are not responsible for screening, policing, editing, or monitoring such content. 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 the Site.
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.
SUBMISSIONS
We are pleased to hear from our customers and welcome your comments regarding our products and the Site. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, “Submissions”), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, or content contained therein.
APPLICABLE LAW
We control the Site from our offices within the United States of America. We make no representation that the content on the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the 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 the export laws and regulations of the United States of America. Any claim relating to the Site, the services or products provided therein or the Site’s content shall be governed by the internal laws of the State of Texas, without reference to its choice of law provisions.
ADDITIONAL INFORMATION
These Terms of Use constitute the entire agreement between you, the user, and My Wellness Journey LLC and govern the use of the 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 the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the 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 the Terms of Use shall 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 the Site, the products and services offered therein, and the Terms of Use must be filed within one year after.