WellBrella reserves the right to modify or amend these Terms at any time. All changes will be effective immediately upon their posting on the WellBrella site. Material changes will be posted conspicuously or otherwise communicated to you. By accessing the WellBrella site following posting of changes to these Terms, you agree to all such changes.
Information Only SiteThe content available on the WellBrella site is provided for informational purposes only. DO NOT RELY ON INFORMATION ON THE WELLBRELLA SITE, including general health information. WellBrella is not a substitute for direct advice from your health care provider.
Site InformationInformation displayed on wellbrella.com is subject to modification without notice. We reserve the right to modify such information without any obligation to notify past, current or prospective website users. WellBrella makes no representations that the materials on wellbrella.com is appropriate or available for use in any particular state or other countries besides the United States. Those who do access wellbrella.com are solely responsible for compliance with the laws of the state or country in which they reside. All offers set forth on wellbrella.com are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
Intellectual Property RightsCopyright © 2009-2020. All rights reserved.
Wellbrella.com, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of The Green Pharmacy or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, or any other intellectual property belonging to WellBrella or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. Wellbrella.com may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Access; Designated Shipping AreasWellbrella.com is intended for access only by residents within our designated shipping areas, currently United States, Puerto Rico and U.S. Virgin Islands. Potential users in any other jurisdiction whose laws or regulations would void these Terms in whole or in any essential part, or which makes accessing wellbrella.com illegal, are unauthorized to use our site, and do so entirely at their own risk.
Use Of This SiteYou may download and/or print one (1) copy of the the WellBrella Site's content solely for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, republish, transmit, or create derivative works of any of the content or materials of wellbrella.com without the prior written consent of WellBrella.
You may not use wellbrella.com for unlawful purposes. You may not access, use, or copy any portion of wellbrella.com or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use wellbrella.com to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render wellbrella.com or associated services inoperable or to make their use more difficult are prohibited. You may not submit inaccurate information via wellbrella.com, commit fraud or falsify information in connection with your use of wellbrella.com, or act maliciously against the business interests or reputation of WellBrella.
You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of wellbrella.com.
Linking To the WellBrella SiteIf you operate a website and are interested in linking to the WellBrella Site: (1) the link must be a text-only link clearly marked; (2) the link must “point” to the URL http://www.wellbrella.com and not to any other pages; (3) the link and its use must be in connection with a website of appropriate subject matter; (4) the link and its use may not be such that may damage or dilute the goodwill associated with WellBrella’s names and trademarks; (5) the link and its use may not create the false appearance that any program, person, or entity is associated with or sponsored by WellBrella; (6) the link, when activated by a user, must display the website full-screen and not with a “frame” on the linked website. WellBrella reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms or through other notice.
Your User AccountIf you elect to create an online account with WellBrella in order to purchase products using wellbrella.com, you will be required to submit certain information in order to set up your account and will be required to establish a username and password.
You warrant that all information you provide to us in connection with your access to and use of wellbrella.com is true, accurate, and complete to the best of your knowledge and belief.
We will never ask you for your password in a phone call or in an email unless you call or email us first and need help. Remember to sign out of your account by clicking on “LOGOUT” when you finish each session on wellbrella.com.
You are responsible for maintaining the confidentiality of any information you use in connection with us, including your username and password. You must immediately inform WellBrella if there is a problem with your account. You are responsible for all activities in your account. We reserve the right, in our sole discretion, to terminate your use of wellbrella.com for any reason without notice or liability, including the unauthorized use of a username or password and breach of these Terms. In connection with your access and use of our site and that of any person authorized by you to access and our site, you are responsible for complying with all applicable laws, regulations and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct.
Product AvailabilityThe prices and availability of products made available on wellbrella.com may change at any time without notice to you. Prices remain valid while they are listed and offered on wellbrella.com. Prices will be as posted on wellbrella.com as of the date and time of your order, as applicable. Availability of products may be limited and products may not be available for immediate delivery. Some products may not be available in certain areas. All orders placed through wellbrella.com are subject to the applicable terms and policies of our third-party payment processor. We reserve the right to modify product offerings at any time. We may change product pricing at any time due to market conditions, product discontinuation, or any other circumstances.
We Can Suspend Your AccountWe can suspend or close your account on wellbrella.com or otherwise cease providing tour site in whole or in part at any time and for any or no reason and without notice to you.
Force MajeureWellBrella will not have any liability for failure or delay in performing any obligation to deliver products due to circumstances beyond its reasonable control, including without limitation acts of God or nature, actions of the government, fires, floods, strikes, civil disturbances or terrorism, or power, communications, satellite or network failures.
NO WARRANTYWELLBRELLA MAKES ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, INFORMATION AND DATA ON OUR SITE ARE ACCURATE AND RELIABLE; HOWEVER, ACCURACY CANNOT BE GUARANTEED. WELLBRELLA.COM AND PRODUCTS ARE PROVIDED BY WELLBRELLA ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. THE GREEN PHARMACY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE NATURAL PARTNERS SITES AND PRODUCTS, INCLUDING WITHOUT LIMITATION ALL WARRANTIES REGARDING AVAILABILITY, QUALITY, ACCURACY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WELLBRELLA MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF WELLBRELLA.COM, PRODUCTS, OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM WELLBRELLA.COM, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM WELLBRELLA.COM. WELLBRELLA DOES NOT WARRANT OR GUARANTEE (1) THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF WELLBRELLA.COM, PRODUCTS, OR ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF WELLBRELLA.COM OR (2) THAT USE OF WELLBRELLA.COM, PRODUCTS, OR ANY MATERIALS ON WELLBRELLA.COM WILL MEET ANY USER’S REQUIREMENT BY UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WELLBRELLA SHALL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION.
YOU ACKNOWLEDGE AND AGREE (1) THAT YOUR USE OF WELLBRELLA.COM AND PRODUCTS IS AT YOUR OWN DISCRETION AND RISK, (2) THAT USE OF ANY PRODUCTS, MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WELLBRELLA.COM IS AT YOUR OWN DISCRETION AND RISK, AND (3) THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA, AND FOR ANY OTHER FORM OF DAMAGE THAT MAY BE INCURRED. WELLBRELLA DOES NOT WARRANT OR GUARANTEE THAT FILES OR OTHER MATERIALS AND INFORMATION AVAILABLE THROUGH THEGREENPHARMACY.COM WILL BE FREE OF INFECTIONS, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT COULD BE HARMFUL TO YOUR COMPUTER SYSTEM. NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING WELLBRELLA.COM OR ITS CONTENT, INCLUDING WITHOUT LIMITATION THE GREEN PHARMACY, SHALL BE RESPONSIBLE FOR THE CONDUCT OF USERS OF WELLBRELLA.COM OR FOR INFORMATION POSTED OR EXCHANGED ON WELLBRELLA.COM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WELLBRELLA OR IN ANY MANNER FROM WELLBRELLA.COM SHALL CREATE ANY WARRANTY.
NO LIABILITYIN NO EVENT SHALL WELLBRELLA OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO WELLBRELLA.COM, YOUR USE OF WELLBRELLA.COM, ANY LINKED WEBSITE, OR ANY MATERIAL, INFORMATION, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH WELLBRELLA.COM, OR OTHERWISE ARISING OUT OF YOUR USE OF WELLBRELLA.COM, YOUR INABILITY TO USE WELLBRELLA.COM OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON WELLBRELLA.COM, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WELLBRELLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF WELLBRELLA.COM. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL WELLBRELLA'S LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
IndemnificationYou agree to indemnify, defend and hold harmless WellBrella, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your access to or use of wellbrella.com, your use or misuse of any material, information or data downloaded or otherwise obtained from wellbrella.com, your order of products through wellbrella.com, or your violation of these Terms, including without limitation, your infringement of any intellectual property or other right of WellBrella or any other person or entity.
Interpretation And DisputesThese Terms are governed by the laws of the United States and the State of North Carolina, without regard to any conflict of laws provisions. Venue shall be proper exclusively in New Hanover County, North Carolina, with respect to any dispute arising under these Terms, unless otherwise specifically agreed by WellBrella in its sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms shall be interpreted and read to give them maximum enforceability. Clerical errors are subject to correction. Any cause of action or claim with respect to wellbrella.com must be commenced within one (1) year after the action or claim arises.
FeedbackWellBrella welcomes comments regarding wellbrella.com. If you submit comments or feedback to us regarding wellbrella.com, they will not be considered or maintained as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
AssignmentWe may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
SurvivalAny provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification or limitation of our liability) will continue in effect beyond any termination of these Terms or of your access to wellbrella.com.
Electronic CommunicationsYou acknowledge that these Terms are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms and any other documentation, agreements, notices or communications between you and WellBrella may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.
Contacting UsIf you have any questions or concerns regarding these Terms, please contact us at:
WellBrella4113 Oleander Dr Ste BWilmington NC email@example.com