IMPORTANT:
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 15), LIMITATIONS OF LIABILITY (SECTION 16), AND A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 17) THAT AFFECT YOUR LEGAL RIGHTS. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ALL DISPUTES UNLESS SPECIFIED IN SECTION 17 OR IF YOU OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 17.
THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY FOR YOUR RECORDS.
FOR ANY RETURNS, REFUNDS, COMPLAINTS OR ENQUIRIES, PLEASE USE THE PROCEDURE AND CONTACT DETAILS PROVIDED IN OUR SHIPPING, RETURNS & REFUND POLICY, AVAILABLE ON THE WEBSITE.
IF YOU PURCHASE A SUBSCRIPTION, IT WILL AUTOMATICALLY RENEW AND YOUR PAYMENT METHOD WILL BE CHARGED ON A RECURRING BASIS AT THE PRICE AND FREQUENCY DISCLOSED TO YOU AT CHECKOUT, UNTIL YOU CANCEL. SEE SECTION 10 FOR RENEWAL, PRICING, AND CANCELLATION TERMS.
1.1. These Terms and Conditions of Sale (the "Terms" or the "Agreement") govern your access to and use of https://wellaray.com, including any sub-domains thereof, affiliated websites, and any mobile or web applications (collectively, the "Website"), and every purchase of goods, subscriptions, digital content, and services (collectively, the "Products") made through the Website.
1.2. For the purpose of these Terms, "Wellaray" (or the "Company", "we", "our", "us") means PARMTRADE - FZCO, a company registered in the UAE under registration number 17638, with its registered address at IFZA Business Park, DDP, 17638-001, A1 – 3641379065, Dubai, United Arab Emirates, which is the seller of the Products and the contracting party under these Terms.
Payments for the Products may be processed by one of the following entities, depending on your place of residence and chosen payment method:
(each a "Payment Processor").
1.3. By accessing or using the Website or placing an order through the Website, you represent that you are at least the age of majority in your state of residence, that you have the legal capacity to enter into a binding contract with us, and that you have read and understood this Agreement and agree to be bound by its terms. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
1.4. Our Privacy Policy and Shipping, Returns & Refund Policy, each available on the Website, are incorporated into these Terms by reference and form part of this Agreement.
2.1. You can review the most current version of these Terms at any time on the Website. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website, effective immediately upon posting. It is your responsibility to check this page periodically for changes.
2.2. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE, OR ANY PURCHASE OR CONTINUATION OF A SUBSCRIPTION FOLLOWING THE POSTING OF ANY CHANGES, CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
3.1. All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by using the Website or any material on it or downloading it.
3.2. You agree not to use or attempt to use the Website or any Products in any unlawful manner or for any unlawful purpose, including without limitation: (1) hacking or other digital or physical attacks on the Website; (2) publishing abusive, vulgar, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, state, or local law or regulation; (5) infringing our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, or discriminating against any person; (7) submitting false or misleading information; (8) uploading or transmitting viruses or other malicious code; (9) collecting or tracking the personal information of others; or (10) interfering with or circumventing the security features of the Website.
3.3. We reserve the right to suspend or terminate your access to the Website or any of its services if we determine that you: (1) do not comply with these Terms; (2) provide false, inaccurate, or incomplete information; (3) engage in any conduct that would otherwise harm any of our rights or interests; or for any or no reason whatsoever, without prior notice to you. We may take any other actions necessary in this regard or seek any remedies permitted by law.
4.1. Any Products you purchase from us on or through the Website are for your personal, non-commercial use only. You agree that you will not resell, redistribute, modify, or export any Product ordered from the Website. We reserve the right to limit, cancel, or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
4.2. Our Products may be sold only by us and by retailers and distributors we have authorized in writing. Unauthorized resale of our Products is strictly prohibited, and we may pursue legal remedies against anyone engaged in it, including claims for trademark infringement and breach of contract.
4.3. Purchases from unauthorized sellers fall outside our Shipping, Returns & Refund Policy and any guarantee. We cannot vouch for the authenticity, quality, safety, effectiveness, or storage conditions of Products obtained from unverified sellers, and we accept no responsibility for such purchases, including purchases made through third-party marketplaces, which are subject to the relevant marketplace's own terms.
5.1. THE MATERIAL ON THE WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR THE MEDICAL ADVICE OF A PHYSICIAN. THE STATEMENTS MADE ON THIS WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION.
5.2. OUR PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE USING ANY PRODUCT OR ACTING ON ANY INFORMATION PROVIDED BY Wellaray. BY PLACING AN ORDER AND AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED TO CONSULT A HEALTHCARE PROVIDER AND ARE RESPONSIBLE FOR DOING SO AS APPROPRIATE TO YOUR CIRCUMSTANCES, THAT YOU WILL USE THE PRODUCTS IN ACCORDANCE WITH THEIR LABEL AND INSTRUCTIONS, AND THAT YOU ASSUME THE RISKS OF USE THAT ARE NOT CAUSED BY OUR FAULT.
5.3. Wellaray does not guarantee that you will accomplish your health and/or wellness goals. Your results may vary depending upon a variety of factors unique to you, such as your age, health, adherence to usage instructions, and genetics.
6.1. While we endeavor to provide accurate and current information, the Website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information.
6.2. We make reasonable efforts to keep the Website and Services operating as intended; they nevertheless rely on the internet and on services and providers outside our control, and we do not guarantee that the Website will be uninterrupted or error-free at all times.
6.3. We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time, and we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. From time to time and without prior notice, we may change, expand, and improve the Website and the Products, or conduct tests (such as A/B testing), which may mean you see different versions of features, interfaces, content, prices, or offers compared to other users.
6.4. All descriptions of Products and Product pricing are subject to change at any time at our sole discretion. Any offer for any Product made on this Website is void where prohibited.
7.1. All charges are in the currency indicated at purchase. By submitting payment information, you represent and agree that: (i) you are fully authorized to use the card or account provided; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees charged by your issuer; and (iv) sufficient funds exist to pay the amount(s) due.
7.2. Your online payments are handled and processed by third-party payment service providers and/or by the payment processing entities, depending on your location and chosen payment method. Card information is handled via encrypted channels and stored securely in tokenized form by our payment service providers. We reserve the right to change payment service providers at our sole discretion.
7.3. We and our third-party payment service providers may request and receive updated payment card information from your card issuer (such as updated card numbers and expiration dates) when your card has expired or been reissued. If such updated information is provided, we will update your account accordingly and recurring charges will be billed to the updated card. Your card issuer may give you the right to opt out of its card-updating service; if you wish to opt out, you should contact your card issuer.
7.4. If your credit or debit card payment is not processed successfully for any reason, we reserve the right to re-attempt to process payment.
7.5. We are not responsible for any fees or charges that your bank or card issuer may apply. If your bank or card issuer reverses a charge (chargeback) in circumstances where you have received the Products and are not entitled to a refund under these Terms or applicable law, we may bill you directly for the amounts due and seek payment by another method, including a mailed statement, and we may suspend further deliveries and Website access.
7.6. Your saved payment method may be used for your subscription payments and for additional purchases you confirm with one click, where this option is offered. Each such purchase is a separate order. If your saved payment method cannot be charged, you will be asked to enter payment details at checkout.
8.1. Depending on your location and the availability of third-party payment providers to securely save your payment details for future purchases, we may offer you the option to complete your purchase using an express checkout feature. Express checkout makes it easier for you to make purchases as you do not have to enter shipping, billing and payment information for each purchase.
8.2. When you choose this option, certain payment and contact details (such as your name, billing and shipping address, and payment method) may be securely stored and pre-filled for future transactions. This functionality is provided and operated by a third-party payment service provider and not by us. We do not collect or store your payment details as all of that is handled by the payment service provider.
8.3. By selecting express checkout, you consent to the use and secure storage of your details by the payment service provider for the purpose of enabling faster future purchases. If you do not wish to use this option, you may always select the standard checkout and enter your details manually.
8.4. Your purchase contract remains with us, while the payment service provider manages the payment transaction on our behalf. Your use of express checkout is also subject to the payment provider's terms and privacy policy. Any questions related to payment, financing options, or invoicing should be directed to the payment provider.
8.5. Express checkout is made available solely for your personal, lawful use in completing purchases from our store. It may not be available in all regions, for all payment methods, or at all times. We may disable or restrict this option in the event of misuse, unauthorized use of payment methods, or suspected fraudulent activity. Express checkout is only available to individuals who are legally capable of entering into binding contracts under applicable law.
8.6. We are not responsible for the accuracy of the information prefilled by payment service provider. You remain responsible for checking that the details displayed at checkout are correct before submitting your order.
8.7. You may revoke your consent or manage your saved payment details at any time by following the instructions provided in the checkout flow or by contacting the payment service provider directly.
9.1. Your electronic order confirmation, or any other form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny any order, or limit quantities, for any reason. If we deny your order, you will receive a refund of any amounts charged to your original form of payment, and you agree that we will not be liable for any losses or damages that may result from our refusal to provide any Product. We reserve the right to require additional identity or payment verification information before processing any order.
10.1. TO ENSURE UNINTERRUPTED ACCESS TO PRODUCTS, IF YOU PURCHASE A SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW, AND THE PAYMENT METHOD YOU PROVIDED WILL AUTOMATICALLY BE CHARGED THE SUBSCRIPTION PRICE DISCLOSED TO YOU AT CHECKOUT, AT THE BILLING FREQUENCY YOU SELECTED, ON EACH RENEWAL DATE, UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION AS DESCRIBED IN THIS SECTION 10. THE AMOUNT OF EACH RECURRING CHARGE, THE BILLING FREQUENCY, AND THE CANCELLATION METHODS ARE DISCLOSED AT CHECKOUT AND IN YOUR ORDER CONFIRMATION.
10.2. When purchasing a subscription, you may choose from the available billing and shipping frequencies (for example, every 30, 60, or 90 days). You may not change your subscription billing frequency after the purchase.
10.3. Where a subscription is offered at an introductory, promotional, or otherwise discounted price, that discounted price applies only to the initial charge or charges expressly indicated at checkout. Unless otherwise stated at checkout, all subsequent renewal charges will be billed at the standard subscription price disclosed to you at checkout. The standard (post-introductory) recurring price is displayed at checkout before you complete your purchase.
10.4. You may cancel your subscription at any time. To avoid being charged for the next billing period, you must cancel at least twenty-four (24) hours before your next scheduled billing date. You can cancel: (a) through the self-service options available in your account or the link provided in your order and renewal emails; (b) by emailing Customer Support at support@wellaray.com; or (c) by completing the web form available on the Website. Cancellation takes effect at the end of the then-current billing period; you will not receive further shipments or charges after the cancellation takes effect, and amounts already charged are non-refundable except as provided in our Shipping, Returns & Refund Policy.
10.5. We may from time to time offer trials, promotions, or other special deals ("Special Deals") that may include additional terms disclosed at the time of the offer. If you purchase a trial of a paid subscription at a special price or without payment, we will automatically begin charging you for the subscription on a recurring basis at the price and interval disclosed in the Special Deal at the end of the trial period, unless you cancel before the end of the trial period.
10.6. The Company reserves the right to modify subscription tiers and service pricing periodically. Subscription renewals will be billed at the rate in effect at the time of renewal, which you understand and accept may be higher or lower than the original rate.
10.7. If you have a subscription for physical Products, you may change your shipping address for recurring shipments through your account or by contacting Customer Support at least 72 hours before your next billing date. If address changes are not made in accordance with this procedure and a recurring shipment has already been dispatched, the Company is not responsible for any resulting non-delivery or damages.
11.1. Please see our Shipping, Returns & Refund Policy on the Website for information regarding order processing, handling, shipping times, and carriers. You are responsible for any customs duties or import fees associated with your order.
11.2. An accurate shipping address and phone number are required. We are not responsible for late or missing shipments if you enter incorrect shipping information.
11.3. Because many events at your delivery address are beyond our control, you agree that delivery confirmation provided by the carrier is sufficient proof of delivery, even without a signature.
11.4. We do not ship to countries or territories subject to comprehensive embargoes, or to persons or entities designated on applicable sanctions or denied-party lists. By placing an order, you represent and warrant that you are not such a person, are not located in such a territory, and will not export or re-export the Products in violation of applicable export-control or sanctions laws. We may cancel any order that we reasonably believe would violate such laws.
12.1. If you are dissatisfied with your purchase, or if it arrives damaged or faulty, please follow the procedure in our Shipping, Returns & Refund Policy, which forms an integral part of this Agreement.
12.2. We reserve the right to suspend a refund until we receive and inspect the returned Products. Products will not be refunded if they have been altered, abused, misused, lost, damaged by accident or unauthorized adjustment, damaged in return shipping arranged by you, subject to normal wear and tear, or damaged because reasonable and necessary care was not taken. If you refuse to accept delivery of an order, we may deduct return shipping, handling, and related costs from any refund due.
13.1. All content associated with the Website - including audio and video materials, images, photographs, text, graphics, logos, layouts, designs, interfaces, digital downloads, software, and data compilations (the "Content") - is owned by or licensed to Wellaray and is protected by copyright, trademark, and other intellectual property laws. You may access and view the Content for personal, non-commercial purposes only. Except as expressly permitted in these Terms or in writing by us, you may not copy, reproduce, distribute, republish, download, display, post, transmit, sell, license, decompile, disassemble, reverse engineer, or create derivative works from any part of the Website or the Content, or use any Wellaray trademark, without our prior written consent. Nothing in this Agreement transfers any intellectual property rights to you except the licenses expressly granted.
13.2. Anything you submit or post to the Website or provide to us, including photographs, testimonials, reviews, ideas, comments, and suggestions (collectively, "Submissions"), is and will be treated as non-confidential and non-proprietary. You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license, sublicensable and assignable, to use, copy, reproduce, distribute, display, publish, perform, adapt, modify, create derivative works from, and otherwise exploit Submissions in any media, and you waive any moral rights in Submissions to the extent permitted by applicable law. You represent and warrant that you own or have sufficient rights to share the Submissions and that they do not violate any law or third-party rights. We may edit or shorten testimonials and reviews prior to publication and are under no obligation to use or compensate you for any Submission. Submissions reflect the unique experience of the submitting customer and do not necessarily reflect the results you may experience.
13.3. Notifications of claimed copyright infringement regarding materials posted to this Website should be addressed to: Wellaray, 2606 Hilliard Rome Rd, Unit #V183, Hilliard, OH 43026; email: support@wellaray.com. Your notice must include the information required by the Digital Millennium Copyright Act, including: (i) a description of the copyrighted work; (ii) a description and location of the allegedly infringing material; (iii) your contact information; (iv) a good-faith statement; (v) a statement, under penalty of perjury, that the information is accurate and you are authorized to act; and (vi) your physical or electronic signature.
14.1. The sites and platforms that host our social media presence are not controlled by us and have their own privacy policies and terms of use. Comments and opinions expressed by users on social media are theirs alone and do not reflect our opinions, and we have no obligation to monitor or remove user comments.
14.2. Our Website may include materials from third parties or links to third-party websites. We are not liable for any third-party materials or websites or for any harm or damages related to transactions made in connection with any third-party websites. Please review the applicable third party's policies and practices before you engage in any transaction.
15.1. EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS ARE SUPPLIED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT WARRANT THAT THE PRODUCTS OR THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE.
15.2. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE. NOTHING IN THIS SECTION 15 LIMITS ANY RIGHTS YOU HAVE THAT CANNOT BE WAIVED UNDER APPLICABLE LAW.
16.1. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL Wellaray OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRODUCTS, OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE) AND EVEN IF Wellaray HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2. IF, NOTWITHSTANDING THE FOREGOING, Wellaray IS FOUND LIABLE UNDER ANY THEORY, Wellaray'S AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY, WILL BE LIMITED TO THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE PRODUCT(S) OR TRANSACTION(S) GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
16.3. Nothing in these Terms excludes or limits Wellaray's liability for: (a) death or personal injury caused by Wellaray's negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any other liability that cannot be excluded or limited under applicable law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations may not apply to you.
16.4. A party is excused from liability for failure to perform this Agreement if it proves that the failure was caused by events beyond its reasonable control, including riots, war, natural events, strikes, lockouts, transport delays, or acts of authorities.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Wellaray ON AN INDIVIDUAL BASIS, WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. YOU MAY OPT OUT AS DESCRIBED IN THIS SECTION 17.
17.1. This Agreement and any dispute arising out of or related to it or the Products is governed by the laws of the State of Texas, without regard to its conflict-of-law principles, except that the arbitration provisions of this Section 17 are governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).
17.2. Before initiating any Claim, you and we agree to first send the other a written, individualized description of the dispute, including the claimant's name, contact details, and order information, all relevant supporting information, the proposed resolution, and the personal signature of the party asserting the Claim (or, where the Company asserts the Claim, the signature of its authorized representative). A notice signed only by counsel, or a template notice that is not individualized to the party asserting the Claim, does not satisfy this Section 17. You may send your notice by email to support@wellaray.com or by mail to us, Attn: Legal Department, 2606 Hilliard Rome Rd, Unit #V183, Hilliard, OH 43026; we will contact you at the email or billing address you provided. You and we agree to negotiate in good faith, and if the dispute is not resolved within sixty (60) days of receipt of the notice, either party may proceed as set out below. All applicable limitation periods are tolled while this Section 17 is being complied with. "Claim" means any dispute between you and us or any involved third party relating to your account, your use of the Website, your relationship with us, these Terms, the Privacy Policy, or the Products.
17.3. Except as expressly provided in this Section 17, all Claims, regardless of legal theory (contract, tort, statute, fraud, misrepresentation, or otherwise), including any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, shall be resolved exclusively through final and binding arbitration before a single neutral arbitrator, rather than in court by a judge or jury. YOU WAIVE THE RIGHT TO A TRIAL BY JURY.
17.4. The American Arbitration Association ("AAA") will administer the arbitration in accordance with its Consumer Arbitration Rules, as modified by this Agreement; those rules are available at www.adr.org/consumer. Payment of filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules. Any hearings will take place by videoconference or teleconference unless the arbitrator decides an in-person hearing is warranted, in which case it will be held at a location reasonably convenient to both parties. The arbitrator 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 and enforce these Terms as a court would. Judgment on the award may be entered in any court of competent jurisdiction.
17.5. Claims by Wellaray relating to the infringement or validity of its intellectual property rights, and actions by Wellaray for temporary, preliminary, or permanent injunctive or other equitable relief for breach or threatened breach of this Agreement, may be brought in any court of competent jurisdiction.
17.6. CLASS ACTION WAIVER. YOU AND Wellaray AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL. THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF. NOTHING IN THIS AGREEMENT PREVENTS YOU FROM RAISING CONCERNS WITH FEDERAL, STATE, OR LOCAL AGENCIES, AND, WHERE THE LAW PERMITS, SUCH AGENCIES MAY SEEK RELIEF AGAINST US ON YOUR BEHALF.
17.7. Mass filings. If twenty-five (25) or more demands for arbitration are filed against Wellaray raising similar Claims and with the assistance or coordination of the same or coordinated counsel or organizations, the AAA Mass Arbitration Supplementary Rules and the associated fee schedule in effect at the time of filing shall apply in addition to the Consumer Arbitration Rules. To the extent permitted by those rules, the parties agree that the demands shall be resolved in staged proceedings, with demands administered in batches of up to one hundred (100) demands per batch, a single arbitrator appointed per batch, and a single set of filing and administrative fees due per batch; this batching procedure operates alongside, and does not displace, the AAA Mass Arbitration Supplementary Rules, including the appointment of a Process Arbitrator to resolve procedural disputes. If the AAA declines or is unable to administer the arbitrations in accordance with this Section 17, the parties shall agree on another established national arbitration provider able to do so; if they cannot agree, a court of competent jurisdiction may appoint one. Applicable statutes of limitations shall be tolled for demands awaiting their batch or an administrator determination. This Section 17.7 is intended to be severable from the rest of this arbitration agreement; if it is found unenforceable, that finding shall not affect the enforceability of the remainder of Section 17.
17.8. 30-DAY OPT-OUT RIGHT. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST ACCEPT THESE TERMS OR PLACE AN ORDER (WHICHEVER COMES FIRST) BY EMAILING support@wellaray.com WITH THE SUBJECT LINE "ARBITRATION OPT-OUT", OR BY WRITING TO Wellaray, ATTN: LEGAL DEPARTMENT, 2606 Hilliard Rome Rd, Unit #V183, Hilliard, OH 43026. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST INCLUDE YOUR FULL NAME, ADDRESS, ORDER DETAILS, AND A CLEAR STATEMENT THAT YOU WISH TO OPT OUT OF ARBITRATION. OPTING OUT OF ARBITRATION DOES NOT AFFECT ANY OTHER PART OF THESE TERMS.
17.9. Time limit on claims. Except where prohibited by applicable law, you and Wellaray agree that any Claim must be commenced (including completion of the pre-dispute procedure in this Section 17) within one (1) year after the Claim arises; otherwise, the Claim is permanently barred. This Section 17.9 does not apply to residents of states whose laws do not permit contractual shortening of limitation periods for the Claim at issue.
17.10. If the class action waiver in this Section 17 is found unenforceable with respect to a particular Claim such that arbitration could proceed on a class or representative basis, then this entire arbitration agreement (other than this Section 17 itself as applied to individual arbitration) shall be null and void with respect to that Claim, which shall proceed in court. If any other portion of this Section 17 is found unenforceable, the remaining portions shall remain in full force and effect. This Section 17 survives termination of this Agreement and your relationship with Wellaray.
17.11. We may amend this Section 17 prospectively. Amendments do not apply to a Claim for which the pre-dispute procedure in Section 17 was initiated before the amendment was posted. Your continued use of the Website or purchase of Products after posting constitutes acceptance of the amendment.
18.1. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Wellaray, its parent, subsidiaries, predecessors, successors, and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including reasonable attorneys' fees, arising out of, resulting from, or in any way connected with or related to: (1) your breach of these Terms or the documents incorporated by reference; (2) your breach of any representations or warranties in this Agreement; (3) your use or misuse of the Website or the Products; or (4) your breach of any law or infringement of a third party's rights.
19.1. You agree that we may communicate with you electronically and that such communications, as well as notices, disclosures, agreements, and other communications we provide electronically, are equivalent to communications in writing and have the same force and effect as if they were in writing and signed by the party sending the communication. You are responsible for keeping your email address current and for checking your email regularly.
20.1. Assignment. You may not assign any of your rights or obligations under these Terms, and any such attempt will be null and void. Wellaray and its affiliates may transfer or assign this Agreement, in whole or in part, without your further consent or notification, including in connection with a merger, sale of assets, or other business transfer.
20.2. No waiver. No waiver by us of any term of these Terms shall be deemed a further or continuing waiver of that term or any other term, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of it.
20.3. Severability. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed; such determination shall not affect the validity and enforceability of the remaining provisions.
20.4. No third-party beneficiaries. This Agreement creates rights and obligations only between you and us. No third party may enforce or benefit from any of its terms unless we expressly decide otherwise.
20.5. We may terminate this Agreement and your access to the Website as set out in Section 3. The sections titled "Products Sold for Personal Use Only; Authorized Resellers", "No Medical Advice; Information on the Website", "Digital Content", "Intellectual Property; Submissions; DMCA Notice", "Disclaimer of Warranties", "Limitation of Liability", "Dispute Resolution: Governing Law, Mandatory Binding Arbitration, and Class Action Waiver", "Indemnification", "Electronic Communications", and "General Provisions", as well as any representations, warranties, and obligations you have made or undertaken, survive termination of this Agreement.
20.6. Entire agreement. These Terms, together with the policies incorporated by reference and any operating rules posted on the Website, constitute the entire agreement between you and us with respect to their subject matter and supersede any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
21.1. Please contact Customer Support if you have any questions concerning your purchase: email support@wellaray.com; or via the Contact Us form on the Website.
21.2. Address for correspondence only: Wellaray, 2606 Hilliard Rome Rd, Unit #V183, Hilliard, OH 43026.