Terms of service

Effective Date: September 14, 2022

Welcome to forwellness.com (the "Site"), owned by For Wellness Labs, Inc, trading as For Wellness, ("For Wellness", "we" or "us"). This Site, including all content under the "forwellness.com" domain name, is referred to herein as the "Website." We provide the Website and the associated services, products, data, information, tools, software, updates and materials (altogether, the "Services"), subject to your agreement to and compliance with the terms and conditions set forth in this document (the "Agreement"). Please carefully read this Agreement that governs your access to and use of the Website and Services, and that applies to all users of the Website. If you do not agree and consent to this Agreement, please do not use the Website and/or the Services. If you are accepting this Agreement on behalf of a legal entity other than yourself as an individual, including a business or a government, you represent and warrant that you have full legal authority to bind such entity to this Agreement.

INCORPORATED TERMS

The following additional terms are incorporated into this Agreement as if fully set forth herein:

Privacy Policy
Copyright Policy
Complaint Policy

IMPORTANT NOTICES

By using and/or visiting the Website, you represent that you have read, understand, and agree to all the terms and conditions of this Agreement, including our Privacy Policy ("Privacy Policy") incorporated herein by reference.
Our Services and Website are available only to residents of the United States. We do not ship any products outside the United States, and do not knowingly accept any personal information from persons not residing in the United States.
We reserve the right to change, modify, add to, or otherwise alter this Agreement at any time, or to change or discontinue any aspect or feature of the Website or Services without notice to you. Such changes, modifications, additions or deletions shall be effective immediately upon their posting on the Website. You agree to review this Agreement periodically to be aware of such revisions. Your use of the Website and/or Services after we post such changes, modifications, additions or deletions constitutes your acceptance of such changes, modifications, additions or deletions. Notwithstanding the foregoing, we will notify you via email regarding any changes in the Privacy Policy, if you have provided your email address to us.
Statements about our products have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease. Information on this Site is provided for informational purposes only. It is not meant to substitute for medical advice from your physician or other medical professional. You should not use the information contained herein for diagnosing or treating any health problem or disease, or for prescribing or using any medication. Carefully read all product documentation. If you have or suspect that you have a medical problem, promptly contact your health care provider. We recommend you consult your health care provider about all dietary supplements you are taking or considering taking.

LICENSE

As long as you are in compliance with all the terms and conditions of this Agreement (and all incorporated documents) and have paid any applicable Fees (as defined below), we hereby grant to you during the Term (as defined below) a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use the Website, and to access and receive the Services thereon that are intended for public display or access. Any rights not explicitly granted in this Agreement are strictly withheld and reserved by us.
You agree that (i) except in your normal use of the Website, you will not copy or distribute any part of the Website or Services in any medium without our prior written authorization; (ii) you will not alter or modify any part of the Website or Services other than as is necessary to use the Website or Services for their intended purposes; and (iii) you will otherwise comply with this Agreement.

ELIGIBILITY

You must be over the age of 18 to purchase any products, register an account on the Website, or use the Services for any other purposes. By using the Services, you represent that you meet this minimum age requirement. In any case, you affirm that you are over the age of 13, as the Website and the Services are not intended for use by children under 13.
If you are under 13 years of age, then please do not use the Website without the consent of your parent or guardian. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources, or you may wish to contact your Internet service provider for more information.
Some parts or all of the Website or Services may not be available to the general public, and we may impose additional eligibility rules from time to time. We reserve the right to amend these eligibility requirements at any time. You are not eligible to use the Website or Services if doing so would violate any applicable law or regulation, including but not limited to U.S. export controls or restrictions.

TRANSACTIONS AND PAYMENTS

As more fully described on the Website, purchase of products and/or access to certain special Services may require your payment of fees ("Fees").
If you wish to make a purchase through the Website (each a "Transaction"), you will be asked to supply certain information relevant to such Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, and your address and/or the shipping address. We will treat any such information provided through the Website in accordance with this Agreement and the Privacy Policy. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other Payment Method (as defined below) that you have used in connection with any Transaction.
You may purchase products as a guest, without registration of an account ("Account"), but you may be required to register an Account with us in order to use certain areas of the Website or the Services, for example, to access or provide submission of reviews or other materials ("Submissions"), or to purchase subscriptions for recurring deliveries of products ("Subscriptions").
If you register an Account, you agree that you will provide accurate and complete information upon registration. You are responsible for promptly updating all information to keep your Account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid.
We use third party payment processors (a "Payment Processor") to charge Fees. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors made by the Payment Processor. You agree to pay us, through the Payment Processor, all charges for purchases made by you, and you authorize us, through the Payment Processor, to charge your chosen payment provider (e.g., credit card) (your "Payment Method").
Through our Payment Processor, we will automatically charge your Payment Method when payments are due, as more fully identified on the Website. We charge your Payment Method immediately if the product is in stock, or just prior to shipment to you if it was unavailable when you placed your order and you agreed to a later shipment.
Your Account will be considered delinquent and your order will be cancelled if payment in full is not successful when a charge to your Payment Method is initiated through our Payment Processor.
In many states we may collect sales or use taxes on purchases, but unless specified in an order confirmation, amounts due are exclusive of all applicable taxes, levies, or duties, and you will be responsible for payment of all such amounts.
We may refuse to process your information or requested Transactions if we believe that you may be: i) impersonating another person; ii) violating the intellectual property or other rights of any entity; iii) posting Submissions that are offensive; or iv) providing any information that we may otherwise reject for any or no reason in our sole discretion.
If you believe that any specific charge under this Agreement is incorrect, in order to obtain a credit, you must contact us in writing within thirty (30) days after the date on which the Payment Method was charged, and set forth the nature and amount of the requested correction. Otherwise, charges are final.
In addition to other applicable remedies, we reserve the right to suspend and/or terminate your access to the Services and/or terminate this Agreement if your Payment Method is declined or fails and your account therefore is delinquent. Charges to delinquent accounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including reasonable attorneys' fees and court costs.

SUBSCRIPTIONS

If you purchase a Subscription, we will initiate recurring charges to your Payment Method, and you agree that we may charge such amounts until such time as your Subscription expires, is terminated, or you cancel the subscription, depending on the subscription type.
IF YOU HAVE A SUBSCRIPTION, WE WILL SUBMIT PERIODIC CHARGES TO YOU WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE COULD REASONABLY ACT.
If you wish to cancel a Subscription, you may do so at any time through your Account, or send an email to info@forwellness.com. Any charges incurred prior to cancellation are non-refundable.
If you upgrade your Subscription, you will be charged the difference in your current Subscription and the upgraded Subscription at that time, and you will be charged the price for the upgraded Subscription on an ongoing basis until cancellation. If you downgrade your Subscription, you will be charged the reduced price at the beginning of the next Subscription term.

OTHER PROVISIONS RELATED TO PURCHASES OF PRODUCTS

We reserve the right to discontinue or change product specifications, and to change prices on listed products, in each case without incurring any obligation to you. Prices, availability and other purchase terms are subject to change without notice. We reserve the right to limit quantities of products that may be purchased. Promotional terms may apply. Promotional codes may be limited in time and may not be combined.
We take commercially reasonable precautions to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible, including packaging and product quantities. However, we do not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to request a refund by contacting info@forwellness.com. If we ourselves discover an error has occurred after your Payment Method has been charged and your order is canceled as a result of the error, your Payment Method will be refunded the full amount of your order.
Our descriptions of, or references to, products not owned by us do not imply endorsement of that product, or constitute a warranty by For Wellness.
All items ordered are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value, or may notify you that products are on backorder. Either you or we may cancel the order if the product you wish to order is not available.
We only accept orders of products for personal use. You cannot resell items offered on the Website. If we discover that you are placing orders with the intent to resell items offered on the Website, we may immediately cancel your order, suspend or terminate your Account, and pursue any and all available legal remedies from you under applicable law. If we believe your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, we may also report you to federal, state and/or local enforcements authorities.
Unless otherwise provided in your order, we will add applicable shipping and handling fees to your order. We will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although we may provide delivery or shipment timeframes or dates, those are good-faith estimates which are subject to change. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order), we will use reasonable good faith efforts to contact you. If we cannot contact you or you no longer wish to receive the item, we will cancel the order and promptly refund the amount to your Payment Method.
We do not ship orders to any addresses outside the United States.

ACCOUNT SECURITY

We do not require you to register an Account in order to make purchases of products. However, you understand and agree that in order to use certain functions of the Website or Services, including Subscriptions and to make certain Submissions, we may ask you to provide us with certain credentials or other login information ("Credentials"). You are under no obligation to provide Credentials to us, however, if you do, you represent and warrant that you are authorized to provide these Credentials for use with the Services, and that the Credentials are and will be true and accurate throughout the Term of this Agreement. By providing your Credentials, you agree that we may store and use the Credentials in accordance with our Privacy Policy.
If you are registered with a user Account, you agree to keep your user name and password and/or any other Credentials needed to login to the Website or Services confidential and secure. You are responsible for controlling the access to and use of your Account. You understand and agree that we assume that instructions we receive from your Account are authoritative, and that we should act upon such instructions. We are not responsible for any unauthorized access to your Account or user profile or the ramifications of such access, and we are not required to take action to disable any Account. You agree that you will not bring any action against us arising out of or related to any claimed unauthorized access using your account Credentials.
Notwithstanding the foregoing, if we believe that there has been an unauthorized access to your Account, we may take reasonable actions to disable or lock your Account, or otherwise address your situation.
Accounts are not transferrable.

REFUND AND RETURN POLICY

We want our customers to be satisfied with their purchases. However, due to the nature of our products, we are not able to accept returns.
If you are not satisfied with the products you received, please contact info@forwellness.com for a refund to be applied to your Payment Method. Please provide your order number or confirmation email to our customer service representative.
We reserve the right to refuse refunds if we suspect there is fraud or abuse of our refund policy.

SUBMISSIONS MADE AVAILABLE TO US

You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of your Submissions. In order for us to provide the Services to you or for promotion of our Services through your product reviews and comments, however, we require your permission to process, display, reproduce and otherwise use Submissions you make available to us. Therefore, if you choose to submit any Submissions (including your name, likeness and other personal information, as well as any photos or videos) to the Website or Services, or otherwise make any Submissions available through the Services, you hereby grant to us a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Submissions, including without limitation distributing part or all of the Submissions in any media format through any media channels.
By submitting any Submissions to us, you hereby agree, warrant and represent that: (a) the Submissions do not contain proprietary or confidential information, and your provision of the Submissions does not violate any third party's rights; (b) all such Submissions are accurate and true, (c) we are not under any confidentiality obligation relating to the Submissions; (d) we may use or disclose the Submissions in any way; and (e) you are not entitled to compensation or attribution from us in exchange for the Submissions.
You acknowledge that we are under no obligation to maintain any Submissions that you submit, post or make available to or on the Website or Services. We reserve the right to withhold, remove and or discard any such materials at any time.

INFORMATION SHARED THROUGH THE SERVICES
You understand that by sharing information on the Website or Services, and requesting information to be sent through the Services, you may be revealing information about yourself and/or your business that you may include or that may be generated by the Services. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that we are not responsible or liable in any way in connection with such sharing.
LINKS TO THIRD PARTY WEBSITES
For your convenience, the Website may contain links to the websites of third parties on which you may be able to obtain information or use services. For example, we may provide links to social media sites (e.g., Facebook and Twitter). Except as otherwise noted, such third party websites, and such information and services are provided by organizations that are independent of us. We do not make any representations or warranties concerning such websites. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we cannot censor or edit the content of any third party site. Therefore, we make no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers. Any linking to or from any such off-site pages or other websites by you is at your own risk. By using the Website, you expressly relieve us from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Website, and to read the agreements and privacy policy of each other website that you visit.
OUR INTELLECTUAL PROPERTY

Our graphics, logos, names, designs, page headers, button icons, scripts and service names are our trademarks, trade names and/or trade dress. The "look and feel" of the Website and Services (including product images, color combinations, button shapes, layout, design and all other graphical elements) are protected by international copyright and trademark laws. All product names, services names, trademarks and service marks ("Marks") are either our property or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by this Agreement.
Text posted on our Website, including blog posts and product descriptions, is protected by international copyright law. You may not use such text for any purpose whatsoever other than as permitted by this Agreement.
You acknowledge that i) the software used to provide the Services, and all enhancements, updates, upgrades, corrections and modifications to such software (the "Software"), ii) all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the Software (or any enhancements, corrections or modifications) and iii) all documentation therefor, are the sole and exclusive property of us and/or our licensors. This Agreement does not convey title or ownership to you, but instead gives you only the limited use rights set forth herein. To the extent that you gain access to or receive any copies of the Software, you agree that you will delete such copies of the Software upon any termination of this Agreement, termination of your use of the Services, or at our request.

RESTRICTIONS

You agree that you will not violate any applicable law or regulation in connection with your use of the Website or Services.
You agree that you will not distribute, upload, make available or otherwise publish through the Website or Services any Submissions, including without limitation, product reviews, suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, graphics, text, information, links, profiles, personal information, name, likeness, audio, photos, software, music, sounds, video, comments, messages, tags or similar materials that:
- are unlawful or encourage another to engage in anything unlawful;
- contain a virus or any other similar malicious software that may damage the operation of our or another's computers;
- infringe upon any copyright, patent, trademark, trade secret, right of privacy, right of publicity or other right of any person or entity;
- are false, inaccurate, fraudulent or misleading; or
- are libelous, defamatory, obscene, inappropriate, abusing, harassing, threatening or bullying.
You further agree that you will not do any of the following:
- modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Website or Services;
- interfere with or disrupt the operation of the Website or Services, including restricting or inhibiting any other person from using the Website or Services by means of hacking or defacing;
- transmit to or make available in connection with the Website or Services any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
- attempt to probe, scan or test the vulnerability of the Website or Services or to breach our security or authentication measures;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure, as determined in our sole discretion;
- harvest or collect the email addresses or other contact information of other users of the Website or Services;
- scrape or collect any content from the Website or Services via automated means;
- submit or post false, incomplete or misleading information to the Website or Services, or otherwise provide such information to us;
- register for more than one user account; or,
- impersonate any other person or business.
In addition, we reserve the right to review, edit or remove any Submissions, however, we are not required to routinely screen, monitor or review Submissions on the Website or Services. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY SUCH SUBMISSIONS, AND YOUR RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.
You agree that you are not licensed to access any portion of the Website or Services that we have not made public or accessible to users (whether registered or not), and you may not attempt to override any security measures in place on the Website or Services.
Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Website or Services shall not be limited to violations of this Restrictions section.

TERM AND TERMINATION

The "Term" of this Agreement will continue until the Agreement is terminated as provided herein. We reserve the right to terminate this Agreement and/or deny all or some portion of the Website or Services to any user, in our sole discretion, at any time.
Without limiting the foregoing or assuming any additional legal obligations, we reserve the right to terminate violators of the Copyright Act, in accordance with applicable law. All rights that you grant to us herein related to Submissions shall survive any termination of this Agreement. Further, your representations, warranties and indemnification obligations herein shall survive any termination of this Agreement.
You may terminate this Agreement at any time by ceasing use of the Website or Services, and by closing any account you may have opened with us.

DISCLAIMERS AND LIMITATION ON LIABILITY

We do not represent or warrant that access to the Services will be error-free or uninterrupted, and we do not guarantee that users will be able to access or use the Services, or their features at all times. We reserve the right at any time to modify or discontinue (temporarily or permanently) the Services, or any part thereof, with or without notice.
The Website or Services (including product descriptions and pricing) may contain typographical errors or other inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions, and to change or update information at any time without prior notice.
The Services may be used to perform data analysis and other analytics, however, we do not guarantee the results of any such use.
Certain data displayed by the Services rely on the receipt of underlying data from third party sources, including without limitation, shipment information. Such data sources may not be real-time or accurate, and there may be delays or inaccuracies in such displayed data.
Although we have the right to review, edit, remove or modify information from or on the Website or Services, we may not screen this material or control the sources of this information, and we do not guarantee the accuracy, suitability, completeness, currency, quality, adequacy or applicability of any such information.
The materials appearing on the Website or Services, including but not limited to summaries, descriptions, publications and any other such materials, are not intended to and DO NOT constitute legal, financial, investment, business or professional advice of any kind. Those accessing the materials appearing on the Services should not act upon them without first seeking relevant professional counsel. The materials should not be used as a substitute for consultation with a professional adviser. You agree that we are not responsible for any financial, business or legal decisions that you may make.
Health Disclaimer Regarding Information: THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) WE PROVIDE ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, NOR IS IT TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT. WE SUGGEST CONSULTING WITH A PHYSICIAN BEFORE USING ANY OF OUR PRODUCTS.
Circular 230 Disclosure: Pursuant to U.S. Treasury Department Regulations, we are required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in the Website or Services, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
BY USING THE WEBSITE AND/OR SERVICES YOU AGREE AND ACKNOWLEDGE THAT WE PROVIDE THE WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
USE OF THE WEBSITE AND/OR SERVICES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE AND/OR SERVICES AND/OR PRODUCTS SOLD, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOR WELLNESS OR THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Notwithstanding the foregoing, in the event that a court shall find that any of the above disclaimers are not enforceable, then you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of the greater of the Fees you have paid to us during the most recent twelve (12) month period or $100.00, or (2) any indirect, incidental, punitive, special, exemplary or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Website or Services. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless us and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to the Website or Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; (iv) any claim that any of your Submissions caused damage to a third party; or (v) any conduct, activity or action that is unlawful or illegal under any state, federal or common law, or violates the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Website or Services. This defense and indemnification obligation will survive any termination or expiration of this Agreement or your use of the Website and/or Services.
ELECTRONIC COMMUNICATIONS, SIGNATURES AND AGREEMENTS

The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of For Wellness relating to this Agreement, any Transaction, matters related to your Account (including debt collection), and promotions of our products. These communications may be made by us or on our behalf, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that we will not be responsible for these charges.
You further acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by us, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY FOR WELLNESS. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

DISPUTES, GOVERNING LAW AND JURISDICTION

You agree that any claim or dispute arising out of or relating in any way to your use of the Website, Services or any service provided by us (a "Claim"), will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. YOU UNDERSTAND AND AGREE TO SUBMIT TO ARBITRATION PROCEEDINGS TO SETTLE ANY CLAIMS OR OTHER DISPUTES HEREUNDER, THAT SUCH ARBITRATION WILL BE IN LIEU OF LITIGATION, AND EACH PARTY HEREBY WAIVES THE RIGHT TO SUE IN COURT IN FAVOR OF THE ARBITRATION PROCEEDING EXCEPT AS PERMITTED UNDER THIS AGREEMENT.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, may award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
Before initiating any Claim against For Wellness, you will first give us an opportunity to resolve your problem or dispute by sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. If you remain dissatisfied thirty (30) days after such submission, you may begin an arbitration proceeding by sending a letter requesting arbitration and describing your claim to our address specified in the Notice section, below.
Arbitration under this Agreement will be conducted by a single arbitrator chosen through the American Arbitration Association ("AAA"), and conducted under AAA rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we both agree that we have each waived any right to a jury trial.
Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.
Unless a longer period is required under the law applicable to you, any dispute or alleged claim you may have with respect to your access or use of the Website or Services or purchase of any product must be commenced within one (1) year after the occurrence of the events leading to the dispute or alleged claim.
The laws of the State of New York shall govern this Agreement. Any arbitration shall be held in New York, New York (the "Dispute Resolution Location"). To the extent arbitration does not apply, and further excluding claims brought in small claims court, you agree that any dispute arising out of or relating to the Website, Services or us, may only be brought by you in a state or federal court located in the Dispute Resolution Location. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN THE DISPUTE RESOLUTION LOCATION.

GENERAL

Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Revisions. This Agreement may only be revised in a writing signed by us or posted by us to the Website or Services. In the event that we update this Agreement and you are made aware of the update, your continued use of the Website or Services after the update shall constitute an agreement to the updated terms.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website or Services.
Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent. Any unauthorized assignment shall be null and void.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of irreparable harm or other damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Website or Services, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: For Wellness Labs, Inc, 125 Glenridge Ave Unit 1575, Montclair NJ 07042, with a copy to: legal@forwellness.com. All notices sent to us pursuant to Section 18(c) above must be sent by registered mail, return receipt requested, or by a recognized courier service providing proof of delivery, and in either case will be deemed effective upon receipt by For Wellness.
Survival. Any provision of this Agreement that may reasonably be interpreted as being intended by the parties to survive termination or expiration of the Agreement, shall survive any such termination or expiration.

REFER A FRIEND PROGRAM

Qualified Referral. A Qualified Referral is defined as a purchase made at forwellness.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order greater than $25 in total value, minus all fees including taxes, shipping, returns, chargebacks, fraudulent payments, and/or other 3rd party fees.
Reward Payments. Rewards are payable in increments of $10. The maximum number of Qualified Referrals earned per calendar year may be no more than 50 Qualified Referrals. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
Eligibility. Eligibility is limited to individuals only. Our Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in our sole discretion. (Corporations are not people, my friend!)
No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from our Refer-a-Friend program.
Right to Close Accounts. We reserve the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the our Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
Right to Cancel Program or Change Terms. We reserve the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.

Copyright © For Wellness Labs, Inc. All rights reserved. The Website is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Website, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.

COPYRIGHT POLICY

If you believe in good faith that any materials posted on the Website or accessed via the Services (the "Materials") infringe any copyright in any work of yours, you agree to contact our "DMCA Copyright Agent" as identified below, hereby designated under the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. §512(c)(3)), with correspondence containing the following:

A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
Information reasonably sufficient to permit us to contact you;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You agree that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:

legal@forwellness.com

COMPLAINT POLICY FOR INFRINGEMENT OF OTHER RIGHTS

If you believe in good faith that any Materials (as defined above) posted on the Website or accessed via the Services infringe any of your rights (including any trademark or privacy rights, but not including rights in copyright as addressed in the Copyright Policy, above), or are otherwise unlawful, you agree to send a notice to legal@forwellness.com, containing the following information:

Your name, physical address, e-mail address and phone number;
A description of the Materials posted on the Website that you believe violate your rights or are otherwise unlawful, and which parts of said Materials you believe should be remedied or removed;
Identification of the location of the Material on the Website;
If you believe that the Materials violate your rights, a statement as to the basis of the rights that you claim are violated;
If you believe that the Materials are unlawful or violate the rights of others, a statement as to the basis of this belief;
A statement under penalty of perjury that you have a good faith belief that use of the Materials in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and,
Your physical or electronic signature.

If we receive a message from you that complies with all of the above requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to any entity that posted the claimed violative Materials, or any other entity as we deem appropriate.

Questions about the Terms of Service should be sent to us at legal@forwellness.com.

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Terms of service

COPYRIGHT POLICY

COMPLAINT POLICY FOR INFRINGEMENT OF OTHER RIGHTS