Terms of Use

Welcome to www.lightwellhealth.com (the “Website”), operated by Lightwell Health, Inc., a Delaware corporation (“Company”). The Website enables visitors (“Visitors”) who are at least eighteen (18) years of age to read articles, make purchases, participate in programs, and use interactive resources. These Terms and Conditions of Use (the “Agreement”) set forth the terms and conditions which govern your use of the Website and if you choose to participate in a wellness program also includes our Program Services, community sites (Facebook private groups), email and phone interactions (collectively called “Program Services”).

Please read this Agreement carefully before accessing the Website and Program Services as your usage is contingent upon agreeing to be bound by the terms and conditions set forth in this Agreement. The Company reserves the right to modify this Agreement at any time, and you agree to review the Agreement periodically to be aware of such modifications and your continued use of the Website and Program Services shall be deemed to be your conclusive acceptance of any modified Agreement.

THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE

You acknowledge and agree that you will consult with your physician if you have any questions or wish to seek advice regarding a medical condition, your diet, nutritional supplements, an exercise regimen or any other matter related to your health or general well-being. The Company cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any material or the suitability or safety of any product provided on this website. You bear sole responsibility for your own health and diet research and decisions.

Any information on this Website or Program Services is provided for educational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional. You should not use the information on this Website or Program Services for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this Website. Information and statements regarding dietary supplements available on this Website or Program Services have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

1. Account

For your convenience you may create an account on this Website or program site and (an “Account”) . You agree to accept responsibility for all activities that occur under your Account or password. You also agree to provide us with accurate, complete and current information, and to update information provided to us if and when such information should change. We reserve the right to cancel your Account for any reason at any time, in our sole discretion.

We will communicate with you by e-mail or by posting notices on this Website or through our Program Services. You consent to receive communications from us electronically. Further, you agree that all communications including but not limited to agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

2. Purchases

Products and services are offered for sale through the Website and Program site. In the event you wish to purchase any of these products and/or services, you will be asked by the Company or an authorized third party on the Company’s behalf to supply certain PII, including without limitation, your full name, address, telephone number and credit card information. You shall be responsible for all charges incurred through your account as well as for paying any shipping and handling charges, and applicable taxes. Your right to purchase products and services that are available for purchase through the Website or Program Services is conditional on our receipt of payment for such products. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your account, thereby terminating this Agreement and all obligations hereunder.

3. Disclaimer of Warranties

3.1 Visitors acknowledge and agree that their use of any product or service purchased through this Website or Program Services is at their sole risk. The Company expressly disclaims and has no responsibility for how you use the products, services or information provided through the Website or Program Services, and makes no promises, guarantees, predictions of success or any claims to special experience, insight, or expertise in providing the Website or Program Services. No information obtained from the Company, whether provided orally or in writing, shall create any express or implied warranty. The Company shall have no liability, obligation or responsibility to any person or entity for any loss, damage, injury or adverse consequence alleged to have happened directly or indirectly as a consequence of using the products sold on this Website or Program Services. Specifically, the Company disclaims any implied warranties of merchantability, and fitness for any particular purpose.

3.2 The Company makes no guarantee of continuous, uninterrupted or secure access to the Website or Program Services. Operation of the Website or Program Services may be interfered with by numerous factors outside of the control of the Company.

4. Indemnity

You shall indemnify and hold harmless the Company from and against any and all claims, damages, liabilities, injuries, losses or expenses, including attorneys’ fees and expenses of counsel and the collection thereof, that may be incurred by or asserted or awarded against the Company, arising out of or in connection with or by reason of, or in connection with the preparation for a defense of, any investigation, litigation or proceeding arising out of, related to or in connection with your use of our Website or Program Services, your connection to our Website or Program Services, your purchase of products or services from this Website or Program Services, your breach of this Agreement, or your violation of any law or the rights of a third party.

5. Third Parties

Your participation, correspondence or business dealings with any third party found on or through the Website or Program Services, regarding payment and delivery of specific goods, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that the Company shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

6. Privacy

The Company views the protection of your privacy as a very important responsibility. The terms regulating the handling of personally identifiable information and other information provided by you in connection with the Website or Program Services is described in our Privacy Policy, which can be found by clicking http://www.lightwellhealth.com/privacy-policy/.

7. Risk of Loss.

All items purchased from the Website or Program Services are shipped pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

8. Product Descriptions

The Company attempts to be as accurate as possible. However, The Company does not warrant that the product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. The appropriateness of use of a given product may vary depending on circumstances. Information may and is subject to change. If you believe a product offered by through the Website or Program Services does not meet the product description, your sole remedy is to return it in unused condition.

9. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and the Company by this Agreement.

13. Notices

Except as provided in the following sentence, all notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to:

Lightwell Health

410 E Santa Clara St #580

San Jose, CA 95113

United States

and to a Visitor at the address listed in such Visitor’s Profile.

14. Governing Law

You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. 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 our Website or Program Services or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

15. General.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by The Company, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.

16. Contact Us.

If you have any questions or concerns regarding the Website or Program Services, please contact us by e-mail at hello@lightwell.me or write to us at  

Lightwell Health

410 E Santa Clara St #580

San Jose, CA 95113

United States

 

Disclaimer

Lightwell Health offers services, products and content to support health and wellness.  However, Lightwell Health is not a healthcare practitioner or provider. To the extent that any information is provided through Lightwell Health’s websites, program sites, emails, phone calls, or social media sites, it is for general educational and informational purposes only and is not intended to constitute or substitute for medical advice or counseling or the practice of medicine including diagnosis or treatment.  If you have or suspect that you have a medical problem, contact your health care provider promptly. Information and statements regarding dietary supplements available on this website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.