ExtractWellness.com Terms & Conditions
EXTRACTWELLNESS.COM TERMS OF SERVICE
Effective Date: July 10, 2017
IMPORTANT! THESE TERMS OF SERVICE GOVERN YOUR USAGE OF THIS SITE, WHICH IS PROVIDED BY EXTRACT WELLNESS. (referred to as “US,” “WE,” or “OUR” below). BY ACCESSING THIS SITE, YOU ARE REPRESENTING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF SERVICE. THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY US AT ANY TIME IN ITS OPTION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE EXECUTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF SERVICE REGULARLY.
Charges to your credit card will appear as EXTRACT WELLNESS. We gladly accept Visa, Mastercard, and Discover.
Please see our return policy for specifics about returns and refunds.
Access To This Site
YOU MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER TO ACCESS THIS WEBSITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT ALLOWED TO ACCESS THIS SITE FOR ANY REASON AND YOU MUST EXIT THIS SITE IMMEDIATELY. ASK YOUR PARENT OR GUARDIAN TO ACCESS THIS WEBSITE FOR YOU.
YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE OR PROVINCE YOU ARE IN TO BUY OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO IDENTIFY WHETHER YOU ARE LEGALLY ABLE TO PURCHASE OUR PRODUCTS.
To access this website or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you supply on this site will be your correct, current, and complete information. If our Company believes the information you provide is incorrect, not current, or incomplete or is an impersonation of someone else, we have the right to refuse you access to this site or any of its resources, to terminate or suspend your access at any time, and delete any comments you have posted, all without prior notice.
IF YOU ARE NOT WILLING TO HONOR THESE TERMS OF SERVICE, INCLUDING ALL LIMITATIONS CONTAINED HEREIN, YOU MAY NOT ACCESS OR USE THIS SITE. Your use of this site, purchase or use of any of our products establishes your agreement to these Terms of Service.
License to Use the Site
Subject to your agreement with these Terms of Service, we or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Content on this site. This license does not allow you to resell or make any commercial use of the site, its Contents or our products sold through the website; make any derivative use of any of our Content; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data assembly and/or extraction tools. All rights not explicitly granted to you in these Terms of Service are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No Content on, or product sold through, this website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our products, testimonials, or Content. You may use our site only as allowed by law and these Terms of Service. The licenses we have granted you cease if you do not comply with these Terms of Service.
Restrictions On Use
You may only use this site for the purposes expressly permitted by this site. You may not use this website for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, (ii) frame or use framing techniques to enclose any of our or our Content owner’s trademarks, logos, or other proprietary information (including images, text, page layout, or form), (iii) hyperlink to this site, or (iv) use any meta tags or any other "hidden text" using our name or trademarks without the express prior written permission of one of our authorized employees. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that connects our product with someone other than us or that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyperlinking to terminate immediately.
No content from this site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
The material and content (referred to as the “Content” below) accessible from this site, and any other World Wide Web site owned, operated, licensed, or managed by us is our proprietary information or the proprietary information of the party that provided the Content to us, and we or the party that provided the Content to us retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your own personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content or throughout the website. Modification or use of the Content except as explicitly provided in these Terms of Service violates our intellectual property rights. You do not obtain title or any rights, including but not limited to intellectual property rights, to any of the Content because of access to this site.
This website may be hyperlinked to other sites which are not maintained by, or related to, us. Hyperlinks to such sites are provided as a provision to our users and are not sponsored by or affiliated with this site or with us. We have not reviewed these sites and are not responsible for the content of those sites. Hyperlinks are to be accessed at your own peril, and we make no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the insertion of any hyperlink to a third-party site does not necessarily imply that we endorse that site.
Any statements or testimonials on this site or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). None of the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any regulatory agency. The products on the site are not proposed to diagnose, treat, cure or prevent any disease. The information on this site or other materials we may provide to you are intended for educational purposes only and are not designed to be a substitute for informed medical advice or care. This information should not be used to identify, detect, diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we advocate consulting with a physician before using any of our products.
You understand that we cannot and do not guarantee or warrant that files accessible for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for employing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means outside to this site for the reconstruction of any lost data. We do not accept any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, studies or notices we have provided. Investors, borrowers, and other persons should use the Content in the same means as any other educational medium and should not rely on the Content to the exclusion of their own judgment. Data obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We make no warranty, express or implied, that the website or any services, products, or information found on or through the site will meet your requirements or will be uninterrupted, timely, secure, or error free, that defects will be corrected, or that this site or the server that makes it accessible are free of viruses or other harmful components. We do not warrant or make any representation concerning use, or the result of use, of the Content in terms of accuracy, reliability, or otherwise. The Content may or may not include technical inaccuracies or typographical errors, and we may or may not make changes or improvements at any time. YOU, AND NOT US, ACCEPT THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ERRORS, FAULTS, OR OMISSIONS IN THE CONTENT. All the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and we do not undertake any responsibility to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
By logging in on this site as an Extract Wellness client, you hereby authorize the sharing of your product purchasing history with Extract Wellness for the purpose of greater client assistance and statistical analysis.
Limitation on Liability
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (IRRESPECTIVE OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR COSTS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS AND/OR PRIVILEGES.
You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from any breach of these Terms of Service by you, including any use of Content other than as explicitly authorized in these Terms of Service. You agree that the Indemnified Parties will have no liability relating to any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in assembly therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the data accessed from this site.
Trademarks and Copyrights
Trademarks, service marks, logos, graphics, images, HTML, CSS, modules, codes, multimedia clips, Java codes, button icons, banners and software appearing in this website are our property or the property of the party that provided the trademarks, service marks, logos or copyrighted material to us. We, and any party that provided any of the foregoing to us, retain all rights with respect to any of our or their respective trademarks, service marks, logos, graphics, images, codes and copyrighted material appearing in this website. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages, ridicules, or discredits us.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your copyrighted work has been used or exhibited on our website in a way that constitutes copyright infringement, please report the alleged breaches by completing the following steps and by notifying our Selected Agent listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Selected Agent.
The Notification of Claimed Infringement must include the following:
1. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
2. Identification of the copyrighted work (or works) that you claim has been infringed;
3. A description and identification of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
4. A clear description of where the infringing material is located on our site, including as applicable its URL, so that we can locate the material;
5. Your contact information, including your name, address, telephone number, and e-mail address;
6. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our agent selected to receive claims of copyright or other intellectual property infringement may be contacted as follows:
1302 Clear Springs Trace
Louisville, KY 40223
Information You May Not Post, Publish, etc.
You may not post, send, submit, publish, issue, distribute, or transmit regarding this site any material that:
• you do not have the legal right to post, including proprietary material of any third party;
• advocates illegal activity or discusses intention to commit an illegal act;
• is vulgar, obscene, pornographic, offensive, or indecent;
• does not relate directly to this site;
• threatens or abuses others, libels, defames, slanders, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
• seeks to exploit or harm any person by revealing to them to inappropriate content, asking for personally identifiable details or otherwise;
• infringes any intellectual property or possessions or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
• violates any law or may be thought to violate any law;
• imitates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
• solicits funds, advertisers, promoters, or sponsors;
• includes programs or code which contain viruses, worms and/or Trojan horses or any other computer code, files, executables or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• disrupts, disturbs, or interrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
• comprises of MP3 format files;
• amounts to a ‘pyramid’ or similar structure;
• defies any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
• contains hyperlinks to other sites that contain content that falls within the descriptions set forth prior.
Although under no obligation to do so, we reserve the right to screen this site to determine compliance with these Terms of Service, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you are solely responsible for the content of your Submissions. You acknowledge and agree that neither we nor any third party that provides Content to us will accept or have any liability for any action or inaction by us or such third party with respect to any Submission.
Any passwords used for this website are for single person use only. You will be responsible for the security of your password (if any) and you agree to accept responsibility for all actions that occur under your account or password. We have the right to screen your password and, at our discretion, require you to change it. If you use a password that we deem insecure, we will have the right to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided relating to this site to compromise security or tamper with system resources and/or accounts. The use or circulation of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we have the right to release your details to system managers at other sites to assist them in resolving security incidents. We reserve the right to examine suspected violations of these Terms of Service, and we reserve the right to fully collaborate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any Content that is believed to violate these Terms of Service.
BY ACCEPTING THESE TERMS OF SERVICE YOU WAIVE AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION ENGAGED BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR OTHERS, INCLUDING LAW ENFORCEMENT AUTHORITIES.
U.S. Law Applies
This site is intended for customers located in the United States. It is up to you to figure out whether accessing this site and purchasing our products are legal where you are. You access this site and buy our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations and treaties.
How To Contact Us
If you have questions or concerns about these Terms of Service, the practices of this site, or if you are interested in reprinting any of the Content of this site, please contact us at:
1302 Clear Springs Trace
Louisville, KY 40223