Last Modified: September 3, 2019
The following terms and conditions (the “Terms”), together with our Privacy Notice constitute a binding agreement between you and Rae Wellness (“Rae Wellness”, “we” , “us”, or “our”) with respect to your use of the website [[ ]], or any sub-domain or other Rae Wellness website or application to which these Terms are linked (collectively, the “Sites”), including any Content (as defined in Section 1 below) and User Generated Content (as defined in Section 3 below). These Terms also apply to any products (“Products”) or services made available, or enabled, via the Site (collectively, “Products or Services” and, together with the Sites, the “Services”). BY ACCESSING OR USING THE SERVICES IN ANY MANNER (WHETHER AUTOMATED OR OTHERWISE), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS, AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
We may, at any time, revise or modify these Terms or impose new conditions for use of the Services. Such changes, revisions or modifications (“Changes”) shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Sites or by email. Any use of the Services by you after such notice shall serve as your acceptance of such Changes.
- No Medical Advice.
You acknowledge and agree that Rae Wellness does not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that Rae Wellness does not evaluate the need to seek medical attention, through the Services. The Services and the Content are for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on the Services for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. Always seek the advice of your physician or other qualified health provider before taking any medication or nutritional, herbal or homeopathic supplement and with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the through the Services. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on the Services is solely at your own risk. Information provided through the Services and the use of any Products or Services purchased from our Site by you DOES NOT create a doctor-patient relationship between you and us. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
- Products and Services.
The Services are intended for use and purchase by individuals in the United States of America only. At this time, we do not accept orders from individuals outside the United States of America.
Our subscription service for Products or Services is an automatic, recurring monthly subscription (the “Subscription”). THE SUBSCRIPTION CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING PERIODIC CHARGES AS SPECIFIED IN THE SUBSCRIPTION APPLICATION. BY SIGNING UP FOR THE SUBSCRIPTION YOU ACKNOWLEDGE THAT THE SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO DEACTIVATION. WE MAY SUBMIT PERIODIC CHARGES (I.E MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE ADVANCE NOTICE THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLE COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, LOG ON TO YOU ACCOUNT, EMAIL [[ ]] OR CALL [[ ]].
ADDITIONALLY, BY SIGNING UP FOR A SUBSCRIPTION YOU ARE AGREEING TO RECURRING PERIODIC PAYMENTS FOR AN INDEFINITE TIME UNTIL DEACTIVATED BY YOU OR US, ON THE SUBSCRIPTION TERMS SET OUT IN THE APPLICATION FORM YOU HAVE COMPLETED, SUBJECT TO VARIATION IN ACCORDANCE WITH THIS SECTION. YOU CAN DEACTIVATE YOUR SUBSCRIPTION AT ANY TIME. YOU WILL NOT BE CHARGED FOR ANY DEACTIVATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR DEACTIVATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT RE-SUBSCRIPTION WHERE WE HAVE PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION BY YOU.
FURTHERMORE, FOLLOWING YOUR INITIAL SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME LENGTH, AT THE THEN-CURRENT, NON-PROMOTIONAL SUBSCRIPTION RATE. YOU CAN LOG ON TO YOUR ACCOUNT TO DEACTIVATE YOUR SUBSCRIPTION OR EMAIL [[ ]] AND WE WILL DO IT FOR YOU. IF YOU DEACTIVATE, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM; YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD.
Our Site contains descriptions of the Products or Services; however we make no warranties that such descriptions are accurate, complete, reliable, current, or error-free. If any Product or Service offered by us is not as described, your sole remedy is to return it in unused condition. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product or Service with or without notice and we will not incur any obligation as a result of such change.
Our Products are shipped via USPS Priority Mail and packages are delivered between 5 – 7 business days after ordering. In the event of shipping delays, please expect to be contacted by a representative of the Rae Wellness team. Products or Services may be returned, unopened and in their original condition, within 30 days of receipt for a full refund.
- General Payment Terms.
We reserve the right to refuse any order for Products or Services you place with us. Certain features of the Service, including, without limitation, Subscriptions, may require you to pay fees. All fees are in U.S. Dollars and are non-refundable unless otherwise stated. You authorize us, or our third party payment processor, to charge all sums for orders of the Products or Services you make, to the payment method you provide to us. If you pay any fees with a credit card, we, or our third party payment processor, may seek pre-authorization of your credit card account prior to your purchase to verity that the credit card is valid and has the necessary funds or credit available to cover your purchase.
We reserve the right to determine the pricing for the Products or Services and we may, in our sole discretion, make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributor.
Scope of and Restrictions on Use. Unless otherwise specified, the Services (including the Content and all Products and Services) are for your personal and non-commercial use only. Subject to these Terms, Rae Wellness grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Sites for your personal, non-commercial use (unless otherwise specified), including any computer code, software, applications, files, executable files, comments, messages, posts, graphics, text, instructions, images, audio files, and/or other sounds, videos, and other materials or documents you may view on or access, through the Sites (collectively, the “Content”). Except as otherwise provided in these Terms, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose without the express written permission of Rae Wellness. Additionally, you agree not to:
- collect information from the Services using any automated software tool or manually on a mass basis;
- use automated means to access the Services, or gain unauthorized access to the Services, or to any account or computer system connected to the Services;
- obtain, or attempt to obtain, access to restricted or password protected areas of the Services, except as authorized through your account;
- “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
- take any action to restrict or inhibit other users from accessing or using the Services;
- modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Services or in the Content;
- access or use the Services for any unlawful purpose or otherwise beyond the scope of the rights granted herein; or
- resell any Products or Services.
- Permission to Use Content. You may use the Content for your informational, non-commercial use only, unless we agree otherwise in writing. You may not copy or post any Content on any network computer or broadcast it in any media without our prior written agreement. Use of the Content other than as set forth herein is expressly prohibited by law and may result in civil and criminal penalties. You acknowledge and agree that any software, documentation, or other materials or Content downloaded by you for commercial use may be subject to the terms of a separate Rae Wellness license agreement, and in the event of a conflict between these Terms and any such license agreement, the terms of the license agreement shall prevail.
- User-Generated Content. Certain areas of the Services may enable users to share, create, link, upload, or exchange their own Content (“User-Generated Content”). You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you make available through the Services, regardless of its form. Rae Wellness is not responsible for any misuse of your User-Generated Content by third parties.
When you provide User-Generated Content, you grant Rae Wellness, and any third parties Rae Wellness provides access to such User-Generated Content, a transferable, royalty-free, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, reverse engineer, display, broadcast, record, share, create derivative works of, and otherwise use the User-Generated Content. Rae Wellness reserves the right to remove or modify User-Generated Content for any reason, including if Rae Wellness believes that the content violates Applicable Law or these Terms (or other specific terms governing use of the Services).
By submitting User-Generated Content, you represent and warrant that:
· You own or otherwise have the necessary rights to the submitted User-Generated Content, including, where applicable, the right to grant the rights to us under these Terms, and such User-Generated Content does not infringe any third-party rights (including rights to privacy or publicity) or misappropriate any third-party intellectual property or confidential information;
· To the extent you submit User-Generated Content that includes your personal information, you acknowledge and agree that such User-Generated Content may be disclosed to third parties and Rae Wellness is not responsible for any unauthorized access to, or misuse of, any personal information in User-Generated Content;
· User-Generated Content you submit will not contain any content that is obscene, defamatory, or libelous;
· You will not submit User-Generated Content with the intent to threaten, harass, abuse, offend, or otherwise harm any recipients of such User-Generated Content; that violate, could cause us or a third party to violate, or encourage us or a third party to violate any applicable law, statute, ordinance, or regulation; or that would violate our, or any third party, proprietary, or intellectual property rights, including unauthorized copyright text, images, programs, trade secrets, or other confidential proprietary information, or use trademarks or service marks in an infringing fashion; and
· You are not, you are not acting on behalf of any person or entity that is, and are not located in or a national or resident of any country that is, subject to U.S. trade sanctions or on any restrictions on exports, re-exports or transfers of items.
Rae Wellness reserves the right, but is not required to, monitor and remove User-Generated Content in violation of these Terms. Rae Wellness does not guarantee that User-Generated Content available through the Services will be in compliance with these Terms, and specifically does not guarantee that such User-Generated Content will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, systems, programs, or any files therein. Rae Wellness disclaims all responsibility or liability related to your use of such User-Generated Content or Third Party Materials (as defined in Section 9) available on the Services. Your submitted suggestions, ideas, comments, and other feedback regarding the Services or User-Generated Content may be used without any restriction or compensation to you.
- The Sites and the Content are owned by Rae Wellness and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Services are registered and unregistered marks of Rae Wellness and its licensors. You acknowledge and agree that, as between you and Rae Wellness, we are and shall remain the sole owner of the Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
- Account Registration and Security. Access to and use of certain areas of the Services may require you to register for an account and set up a username and password, and may require you to agree to separate terms. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. Your username and password are for your exclusive use only and sharing your credentials with another user or using someone else’s credentials is not permitted and may result in immediate blocking of your access to the applicable Site. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Rae Wellness of any unauthorized use of your account, or any other breach of security. You agree that we are not liable for any loss or damage arising from your failure to protect your username or password.
- Linking to the Services. You may link to the Services’ homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Sites must not be framed on any other website, nor may you create a link to any part of the Services other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
- Third Party Materials. The Sites may display, include, or make available third-party content (including User-Generated Content, data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that Rae Wellness is not responsible for Third Party Materials including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Rae Wellness does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- Change and Suspension. Rae Wellness reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that Rae Wellness will not be liable to you or to any third party for any such change, suspension, or discontinuance. Rae Wellness has the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof, at any time and for any reason, including if you violate these Terms. In the event that we suspend or terminate your access to the Services, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.
- Disclaimer; Limitation of Liability.
EXCEPT AS OTHERWISE SET FORTH IN WRITING BY RAE WELLNESS, THE SITES AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND RAE WELLNESS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER RAE WELLNESS NOR ANY PERSON ASSOCIATED WITH RAE WELLNESS MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE SET FORTH IN WRITING BY RAE WELLNESS. NEITHER RAE WELLNESS NOR ANYONE ASSOCIATED WITH RAE WELLNESS REPRESENTS OR WARRANTS THAT THE SITES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RAE WELLNESS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITES OR THE CONTENT, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS, OR BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 12.2, RAE WELLNESS IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, IN NO EVENT WILL RAE WELLNESS’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO RAE WELLNESS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR U.S. $100.00, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages so some of the exclusions and/or limitations in this Section may not apply to you.
- You agree to indemnify, defend, and hold Rae Wellness and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Services and/or any Content, or any violation of these Terms or applicable law. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services, and/or these Terms.
Procedure for Claims of Intellectual Property Infringement. We respect all relevant copyright laws and ask that you do the same. We may, in appropriate circumstances and at our discretion, limit, disable, and/or terminate your access to or use of the Services or Content if we determine you may be infringing the intellectual property rights of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please provide the following information to us in writing:
- A description of the copyrighted work claimed to have been infringed; or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the infringing material and information reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number, and email;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Claims can be sent to [[Insert email address for contact]] or Rae Wellness, [[insert address]]. You acknowledge that if you fail to comply with all of the above requirements, your notice may not be valid.
The communications between you and Rae Wellness via the Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Sites are provided from, and Rae Wellness is based in, the state of California in the United States. Rae Wellness makes no representation that the Services or the Content are accessible or appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms or the Services (including the Content) shall be instituted exclusively in the federal or state courts located in the State of New York. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITES (INCLUDING THE CONTENT) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, waived, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible and the remaining provisions of these Terms will continue in full force and effect.
These Terms constitute the sole and entire agreement between you and Rae Wellness with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
- Complaints, Concerns, and Questions. If you have any questions about the Services, please email us at [[insert email address]]. If you have any complaints or concerns about these Terms, please email us at [[insert email address]] or write to us at the address below to engage in good faith resolution before further escalation.
[[insert address ]]