This website is operated by CWellStore. Throughout the site, the terms “we”, “us” and “our” referto CWellStore. CWellStore offers this website, including all information, tools and servicesavailable from this site to you, the user, conditioned upon your acceptance of all terms,conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agreeto be bound by the following terms and conditions (“Terms of Service”, “Terms”), including thoseadditional terms and conditions and policies referenced herein and/or available by hyperlink.These Terms of Service apply to all users of the site, including without limitation users who arebrowsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessingor using any part of the site, you agree to be bound by these Terms of Service. If you do notagree to all the terms and conditions of this agreement, then you may not access the website oruse any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Termsof Service. You can review the most current version of the Terms of Service at any time on thispage. We reserve the right to update, change or replace any part of these Terms of Service byposting updates and/or changes to our website. It is your responsibility to check this pageperiodically for changes. Your continued use of or access to the website following the posting ofany changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform thatallows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority inyour state or province of residence, or that you are the age of majority in your state or provinceof residence and you have given us your consent to allow any of your minor dependents to usethis site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use ofthe Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature.A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.You understand that your content (not including credit card information), may be transferredunencrypted and involve (a) transmissions over various networks; and (b) changes to conformand adapt to technical requirements of connecting networks or devices. Credit card informationis always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, useof the Service, or access to the Service or any contact on the website through which the service isprovided, without express written permission by us.The headings used in this agreement are included for convenience only and will not limit orotherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete orcurrent. The material on this site is provided for general information only and should not berelied upon or used as the sole basis for making decisions without consulting primary, moreaccurate, more complete or more timely sources of information. Any reliance on the material onthis site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is notcurrent and is provided for your reference only. We reserve the right to modify the contents ofthis site at any time, but we have no obligation to update any information on our site. You agreethat it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (or any part or contentthereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspensionor discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. Theseproducts or services may have limited quantities and are subject to return or exchange onlyaccording to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of ourproducts that appear at the store. We cannot guarantee that your computer monitor's display ofany color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to anyperson, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Wereserve the right to limit the quantities of any products or services that we offer. All descriptionsof products or product pricing are subject to change at anytime without notice, at the solediscretion of us. We reserve the right to discontinue any product at any time. Any offer for anyproduct or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other materialpurchased or obtained by you will meet your expectations, or that any errors in the Service willbe corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limitor cancel quantities purchased per person, per household or per order. These restrictions mayinclude orders placed by or under the same customer account, the same credit card, and/ororders that use the same billing and/or shipping address. In the event that we make a change toor cancel an order, we may attempt to notify you by contacting the e-mail and/or billingaddress/phone number provided at the time the order was made. We reserve the right to limit orprohibit orders that, in our sole judgment, appear to be placed by dealers, resellers ordistributors.You agree to provide current, complete and accurate purchase and account information for allpurchases made at our store. You agree to promptly update your account and other information,including your email address and credit card numbers and expiration dates, so that we cancomplete your transactions and contact you as needed.For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have anycontrol nor input.You acknowledge and agree that we provide access to such tools ”as is” and “as available”without any warranties, representations or conditions of any kind and without any endorsement.We shall have no liability whatsoever arising from or relating to your use of optional third-partytools.
Any use by you of optional tools offered through the site is entirely at your own risk anddiscretion and you should ensure that you are familiar with and approve of the terms on whichtools are provided by the relevant third-party provider(s).We may also, in the future, offer new services and/or features through the website (including, therelease of new tools and resources). Such new features and/or services shall also be subject tothese Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from thirdparties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us.We are not responsible for examining or evaluating the content or accuracy and we do notwarrant and will not have any liability or responsibility for any third-party materials or websites,or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services,resources, content, or any other transactions made in connection with any third-party websites.Please review carefully the third-party's policies and practices and make sure you understandthem before you engage in any transaction. Complaints, claims, concerns, or questions regardingthird-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without arequest from us you send creative ideas, suggestions, proposals, plans, or other materials,whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree thatwe may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwiseuse in any medium any comments that you forward to us. We are and shall be under noobligation (1) to maintain any comments in confidence; (2) to pay compensation for anycomments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in oursole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obsceneor otherwise objectionable or violates any party’s intellectual property or these Terms of Service.You agree that your comments will not violate any right of any third-party, including copyright,trademark, privacy, personality or other personal or proprietary right. You further agree that yourcomments will not contain libellous or otherwise unlawful, abusive or obscene material, orcontain any computer virus or other malware that could in any way affect the operation of theService or any related website. You may not use a false e-mail address, pretend to be someoneother than yourself, or otherwise mislead us or third-parties as to the origin of any comments.You are solely responsible for any comments you make and their accuracy. We take noresponsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographicalerrors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions,offers, product shipping charges, transit times and availability. We reserve the right to correct anyerrors, inaccuracies or omissions, and to change or update information or cancel orders if anyinformation in the Service or on any related website is inaccurate at any time without prior notice(including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on anyrelated website, including without limitation, pricing information, except as required by law. Nospecified update or refresh date applied in the Service or on any related website, should be takento indicate that all information in the Service or on any related website has been modified orupdated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited fromusing the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform orparticipate in any unlawful acts; (c) to violate any international, federal, provincial or stateregulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectualproperty rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm,defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation,religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleadinginformation; (g) to upload or transmit viruses or any other type of malicious code that will or maybe used in any way that will affect the functionality or operation of the Service or of any relatedwebsite, other websites, or the Internet; (h) to collect or track the personal information of others;(i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoralpurpose; or (k) to interfere with or circumvent the security features of the Service or any relatedwebsite, other websites, or the Internet. We reserve the right to terminate your use of the Serviceor any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted,timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will beaccurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time orcancel the service at any time, without notice to you.You expressly agree that your use of, or inability to use, the service is at your sole risk. The serviceand all products and services delivered to you through the service are (except as expressly statedby us) provided 'as is' and 'as available' for your use, without any representation, warranties orconditions of any kind, either express or implied, including all implied warranties or conditions ofmerchantability, merchantable quality, fitness for a particular purpose, durability, title, and noninfringement.
In no case shall CWellStore, our directors, officers, employees, affiliates, agents, contractors,interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct,indirect, incidental, punitive, special, or consequential damages of any kind, including, withoutlimitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similardamages, whether based in contract, tort (including negligence), strict liability or otherwise,arising from your use of any of the service or any products procured using the service, or for anyother claim related in any way to your use of the service or any product, including, but notlimited to, any errors or omissions in any content, or any loss or damage of any kind incurred as aresult of the use of the service or any content (or product) posted, transmitted, or otherwisemade available via the service, even if advised of their possibility. Because some states orjurisdictions do not allow the exclusion or the limitation of liability for consequential or incidentaldamages, in such states or jurisdictions, our liability shall be limited to the maximum extentpermitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless CWellStore and our parent, subsidiaries,affiliates, partners, officers, directors, agents, contractors, licensors, service providers,subcontractors, suppliers, interns and employees, harmless from any claim or demand, includingreasonable attorneys’ fees, made by any third-party due to or arising out of your breach of theseTerms of Service or the documents they incorporate by reference, or your violation of any law orthe rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void orunenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted byapplicable law, and the unenforceable portion shall be deemed to be severed from these Termsof Service, such determination shall not affect the validity and enforceability of any otherremaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survivethe termination of this agreement for all purposes.These Terms of Service are effective unless and until terminated by either you or us. You mayterminate these Terms of Service at any time by notifying us that you no longer wish to use ourServices, or when you cease using our site.If in our sole judgment you fail, or we suspect that you have failed, to comply with any term orprovision of these Terms of Service, we also may terminate this agreement at any time withoutnotice and you will remain liable for all amounts due up to and including the date of termination;and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall notconstitute a waiver of such right or provision.These Terms of Service and any policies or operating rules posted by us on this site or in respectto The Service constitutes the entire agreement and understanding between you and us andgovern your use of the Service, superseding any prior or contemporaneous agreements,communications and proposals, whether oral or written, between you and us (including, but notlimited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against thedrafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall begoverned by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.We reserve the right, at our sole discretion, to update, change or replace any part of these Termsof Service by posting updates and changes to our website. It is your responsibility to check ourwebsite periodically for changes. Your continued use of or access to our website or the Servicefollowing the posting of any changes to these Terms of Service constitutes acceptance of thosechanges.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.