Careyourskin does not collect personally identifiable information except in connection with the placement and filling of your orders for products or services available through the Site. This information will not be used for any purpose other than in connection with your purchase order(s) or in response to your inquiries, and will not at any time be provided to any third party unless required by applicable law.
Careyourskin may collect non-personally identifiable information (e.g. what web browser or operating system your computer is running) in the form of “cookies,” as is common with most web sites throughout the internet, in order to collect data regarding the functionality of the site or to help analyze browsing patterns and use of the Site. Those wishing not to reveal such non-personally identifiable information are advised to adjust the settings of their web browser accordingly.
Careyourskin is pleased to offer you access to careyourskin (hereinafter “the Site”) as a tool and resource to make your journey towards sustainable health and wellness as successful as possible. Your use of bewell.com and/or the information, products or services available thereon confirms your unconditional acceptance of the terms and conditions of the website. If you do not accept these Terms and Conditions, please do not use our products, services or website.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may purchase through or use the Be Well by Dr. Frank Lipman website.
This User Agreement (”Agreement”) constitutes the entire agreement of the parties. This written agreement supersedes any and all oral negotiations and/or representations of the parties hereto made in relation to this transaction. This agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein. This agreement is entered into by the customer (hereinafter “Customer”) and Be Well Health & Wellness LLC Inc. a New York Corporation (hereinafter “Be Well”).
We may amend this Agreement unilaterally and without notice at any time by posting the amended terms on our site. You are advised to check back frequently for updates and/or amendments to these Terms and Conditions. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in writing signed by you and Be Well Health & Wellness LLC This Agreement is effective on May 1, 2010 for new users, and is otherwise effective 30 days subsequent to that date for all users prior to May 1, 2010.
This Agreement shall be subject to and governed by the laws of the State of New York, with the exception of its conflict of laws provisions.
Any waiver or forbearance by Be Well of any breach (by Customer) of any provision of this Agreement shall not be construed as a waiver of any subsequent breach by Customer.
This Agreement shall be binding upon the parties and their executors, administrators, successors, and assigns.
No agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is intended or created between you and Be Well Health & Wellness LLC Inc. by your use of the Site. These Terms and Conditions may not be assigned by you, but may be assigned by Be Well Health & Wellness LLC Inc. without restriction.
The section headings used herein are for convenience only and shall not be attributed any legal import. These Terms and Conditions are for the benefit of Be Well Health & Wellness LLC Inc., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to enforce these Terms and Conditions directly on their own behalf.
If any provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability will not affect any other provision hereof. Such provision and the remainder of this Agreement and Schedules shall, in such circumstances, be deemed modified to the extent necessary to render the remaining provisions enforceable.
Use Eligibility Our goods and/or services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our goods and/or services are not available to minors. If you are a minor, you may use this website only in conjunction with your parents or guardians. You affirm that you either are over 18 years of age, are an emancipated minor, or have obtained the consent of your parent or guardian prior to using the Site. You warrant that you are fully able and competent to comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and that you will abide by these Terms and Conditions. If you do not qualify, please do not use our website, products or services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Your use of the Site constitutes an acknowledgment that its contents are designed for private use only. BeWell.com is not to be used in connection with any commercial enterprise or for any commercial purpose without the express written consent of Be Well Health & Wellness LLC Inc. You agree to use the Site for lawful purposes only. The content of this site is protected by copyright and intellectual property laws and regulations. Title to the content of this site remains with Be Well Health & Wellness LLC Inc. or its licensors, and you do not acquire any ownership rights by downloading any material from the Site. You are prohibited from modifying, publishing, transmitting, displaying, participating in the transfer or sale of, creating derivative works based upon, or otherwise exploiting or profiting from the contents of bewell.com in whole or in part.
PLEASE TAKE NOTE OF THE FOLLOWING:
During the Cleanse phase, we recommend that patients using birth control pills of any type should use a back-up method as cleansing may lower the effectiveness of birth control pills.
Our formulas contain appreciable levels of minerals which may be an issue for those with kidney disease or on drugs such as anti-hypertensives. Therefore, please consult your doctor before starting a Be Well by Dr. Frank Lipman program.
Health Disclaimer BeWell.com is intended for informational purposes only. The content of the Site has not been evaluated by the Food and Drug Administration, and the Site is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should seek medical consultation before beginning any diet and/or exercise regime, including any programs detailed on the Site. BeWell.com neither recommends nor condones self-management of one’s health, and you should always seek the advice of your health care provider regarding any questions you might have. Reliance on any information provided on the Site is solely at your own risk.
BeWell.com and it’s directors, officers, employees, licensors, suppliers, agents, and independent contractors do not directly or indirectly practice medicine or provide medical services as a part of bewell.com. You should never disregard the advice of a medical professional or delay seeking such advice as a result of something contained on bewell.com.
Liability Limit In no event shall Be Well, our subsidiaries, employees, contractors or manufacturers be liable for lost profits or any special, incidental, consequential or multiplied damages arising out of or in connection with our site, our products, our services or this agreement (HOWEVER ARISING, INCLUDING NEGLIGENCE), including loss of profits, loss of use or other economic damages, even if advised of the possibility of such damages. This limitation of Be Well’S liability will apply regardless of the form of action, whether in contact, tort or by statute. Our liability, and the liability of our subsidiaries, employees, contractors and suppliers, to you or any third parties, in any circumstance, is limited to the greater of (A) the amount of the purchased and (B) $100. Customer acknowledges that this limitation of liability is part of this agreement, and was specifically included by Be Well in the calculation and establishment of the prices paid by customers, which, but for this limitation, would have been much higher.
Arbitration Any legal controversy or legal claim arising out of or relating to this Agreement or our goods and/or services, excluding legal action taken by Be Well to collect our fees and/or recover damages for, or to obtain an injunction relating to the Site’s operations and intellectual property, shall be settled by binding single-arbitrator arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Be Well Health & Wellness LLC may seek any interim or preliminary relief from a court of competent jurisdiction in New York City, New York necessary to protect the rights or property of Be Well Health & Wellness LLC, pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00. Parties agree that the Federal Arbitration Act, the United Nations Convention for the Enforcement of Commercial Arbitration Awards, and all other applicable laws and conventions apply to this agreement.