General. By purchasing products from UWELL, INC. (“UWELL,” “we,” or “us”) through and using this web site, (the “Site”), you agree to the terms of sale herein (the “Terms”). Please read these Terms carefully. By accessing the Site and/or purchasing products, you agree on behalf of yourself and any entity you represent that you agree to the Terms. UWELL reserves the right to update, amend, or modify the Terms at any time and without notice, to change the Site, including eliminating or discontinuing any products, and to deny, suspend, or terminate your use of and/or access to the Site for any or no reason and without notice to you.
Site Content For Information Purposes Only. The information and content contained on the Site is provided for informational purposes only and is not meant to provide you with medical advice or for replacing your professional knowledge or judgment. The information, statements, and dietary supplements on the Site are not intended to diagnose, treat, cure, or prevent any disease.
We work to ensure that product information on the Site is correct; however, brand suppliers may make changes to products from time to time, and actual product packaging and materials may contain more and/or different information than that shown on the Site. Please consult all labels, warnings, and directions for the most accurate product information prior to using or consuming products. Other inaccuracies or typographical errors may be corrected as discovered.
The Site may contain links or references to third party sites or to content made available by third parties. Such links do not constitute or imply our endorsement of such third parties, or of the content of their sites, the suitability, efficacy, safety or quality of their products or services, or the information privacy or security of their sites.
Orders and Payments. To make a purchase on the Site, you must register for an account. You must pay for product orders by a credit card provided when you place an order; account terms or other payment methods are not permitted without the advance written approval of UWELL. Your order or payment will not be processed if you submit invalid information.
Advertised product prices do not include shipping or taxes. You are responsible for all sales taxes where applicable unless a valid and properly completed sales tax exemption or resale certificate for the jurisdiction(s) covering the ship-to address is provided to us prior to our acceptance of your order. Estimated sales tax amounts are displayed on the checkout page using a third-party tax engine. The actual sales tax collected may differ once we process the order. We use reasonable commercial efforts to calculate and remit sales tax; however, we do not guarantee the accuracy of the amount of sales tax we represent to you as the sales tax owed.
Products will be shipped to an address designated by you, so long as such address is complete and complies with any shipping restrictions contained on the Site. Any shipping times shown on the Site are estimates only; actual delivery dates may vary. Risk of loss and title for products pass to you upon delivery of the products to the carrier company.
Your receipt of an electronic or other form of order confirmation from UWELL does not signify acceptance of your order, nor does it constitute UWELL’s confirmation of its offer to sell. UWELL reserves the right at any time after receipt of your order to accept or decline your order for any reason, and to adjust prices of products and to adjust any discounts or promotions that may be offered, as may be determined by us at our sole discretion at any time and without notice. Products are subject availability. All orders are subject to these Terms. You acknowledge and agree that acceptance of your order is conditioned upon your assent to these Terms and applicable UWELL policies, and any inconsistent provisions of any other writing shall not constitute a part of the contract of sale.
Inspection. Promptly upon receipt, you must inspect the products for damage, defect, evidence of tampering, or other non-conformance. If any damage, defect, tampering, or other non-conformance is identified, you must not offer the product for sale and must report the defect to UWELL Customer Support. You further agree to inspect inventory for expired products and to not sell expired Products.
Alterations Prohibited. You must sell products in their original packaging, with all seals intact. Relabeling, repackaging, and other alterations or adulterations to products or product packaging is strictly prohibited. You shall not modify, remove, tamper with, deface, or otherwise alter product labels, including lot codes and expiration dates. You must adhere to any brand supplier or UWELL supplied storage and handling guidelines. You must not make any representations, guarantees, or other similar claims actually, apparently, or ostensibly on behalf of UWELL or its brand suppliers that are inconsistent with the Terms or information provided by the brand suppliers. Any violator is subject to immediate and permanent suspension of purchasing privileges on this Site, from any other UWELL or affiliates’ web sites, or directly from UWELL and its affiliates, and may be subject to additional legal action.
Indemnification and Warranties. By utilizing this Site and purchasing products from UWELL, you agree, either individually or for the entity on behalf of which you are acting, to indemnify and hold harmless UWELL and our current and future subsidiaries, successors, affiliates, licensors, suppliers, co-branders, third-party providers, clients, sponsors, and partners, and the officers, members, managers, employees, and agents of each of them from and against any and all claims, losses, costs, fees, damages and expenses that which may be incurred or suffered by any person arising out of or related to purchasing or obtaining products through you, your use of the Site, or your failure to comply with these Terms.
Without limiting the extent and scope of the foregoing indemnification obligations, under no circumstance shall UWELL be obligated to you or any person obtaining products through you for any amounts other than a refund for products obtained through this Site, and under no circumstances shall UWELL be responsible or liable for any ordinary, special, compensatory, punitive, or other damages of any kind or nature, including without limitation lost revenue, lost profits, or lost business.
UWELL is a distributor of products manufactured by third parties and does not manufacture any of the products sold through this Site. Accordingly, UWELL makes no warranties, express or implied, including any warranty of effectiveness or sufficiency for a particular purpose with respect to any products, and all such warranties, express or implied, are hereby expressly disclaimed. You are exclusively responsible for, and UWELL and its brand suppliers disclaim any and all liability for, any statements that you may make regarding the products to your patients/clients, including any claims that a product treats specific diseases or conditions that do not appear on the product label or in information provided by the brand supplier.
While we will endeavor to ensure that the Site is normally available 24 hours a day, we shall not be liable if for any reason the Site is not available at any time or for any period. The Site, including all content on or available through the Site, is provided on an “as is” basis and we do not make any representation or give any warranty with respect to the Site or any of its content, that the Site is free of viruses or other harmful components, or that the results of using the Site will meet your requirements.