Terms and Conditions

MYELLE™ WELLNESS, INC.

TERMS AND CONDITIONS OF WEBSITE USE AND PRODUCT PURCHASE

Terms of Use of MyElleVibe.com. MyElle™ Wellness, Inc. (hereinafter, “MyElle,” “we,” “our,” or “us”) operates www.myellevibe.com (hereinafter, this “Website”) for You, the end-user of this Website (“You” or “Your”), for purposes of providing information and related products for individuals looking for personal wellness products, and specifically to offer MyElle™’s wellness products to You for purchase. This Website, and any of the products depicted therein, are not intended for use by minors. Your usage of this Website and/or purchase of any products available for purchase therefrom are governed by these Terms and Conditions of Website Use and Product Purchase, which may be updated and amended by MyElle™ from time to time (hereinafter, “Terms”).

Your usage of this Website in any capacity and/or the purchase of any products therefrom constitutes Your acceptance and consent to be bound by these Terms. If You do not wish to accept these Terms, You must immediately cease usage of this Website and not use or purchase any products from this Website. These Terms apply to Your use of this Website, any order You place through this Website, and Your use of any products purchased from this Website Please review product details on this Website and the “Order, Purchase and Product” sections of these Terms (§§ 9 – 15) for additional product-specific information, terms, and conditions.

MyElle™ will use the information You provide during Your purchase to process and ship Your orders, and as otherwise indicated in the Privacy Policy, located at: www.myellevibe.com/PrivacyPolicy. You agree that MyElle™ may disclose Your personal information to a third party if required by law or legal process or is otherwise required to do so by a state or federal government agency, to protect the rights or property of MyElle™, or as otherwise indicated in the MyElle™ Privacy Policy.

  1. Content Disclaimer. The information on this Website is intended solely as a general, educational aid. It is not intended as medical or healthcare advice or to be used for any medical diagnosis or treatment for any individual problem or health issue. The information on this Website is not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with Your unique personal and medical facts and medical history. Always seek the advice of Your physician or other qualified healthcare provider regarding any medical condition. Your use of this Website is subject to the additional disclaimers and caveats that may appear throughout this Website. MyElle™ and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction You take based on the information, services, or other material on this Website. While MyElle™ strives to keep the information on this Website accurate, complete, and up-to-date, MyElle™ cannot guarantee and will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the information on this Website.

  2. Links to Third-Party Sites. This Website may include or provide links to other websites, advertisements, offers, activities, or other content, which is not owned, controlled, or otherwise influenced by MyElle™. Some information available through this Website may be subject to the applicable terms, conditions, and disclosures of third-parties. Any provided third-party materials containing information related to third-parties is provided for Your reference and convenience only and does not imply any endorsement, sponsorship, or recommendation by MyElle™. MyElle™ makes no representations or warranties with respect to the content, ownership, or legality of any such third-party sites or other content. You agree that MyElle™ has no responsibility or liability for the availability of such third-party sites or other content.

  3. Intended Audience for Product Information and Use. This Website is intended for visitors located in the United States of America. This Website is not intended for children, and if You are less than eighteen (18) years of age, You must not use this Website or purchase any products therefrom without the involvement of Your parent or guardian. Please refer to the Privacy Policy (located at www.myellevibe.com/privacypolicy) for additional terms related to information collected by this Website.

  4. Disclaimer of Warranties With Respect to Use of Website. This Website is provided on an "as-is" and "as-available" basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, MyElle™ expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement. While MyElle™ uses reasonable efforts to include accurate and up-to-date information on this Website, MyElle™ does not make any warranty that this Website will meet Your requirements, or that access to this Website will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. MyElle™ makes no warranties as to the results that may be obtained from the use of this Website or as to the accuracy, quality, or reliability of any information obtained through this Website. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of this Website is used at Your own risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by You from MyElle™ or through this Website shall create any warranty not expressly made herein.

  5. The information that we obtain through Your use of this Website, whether through the registration process or otherwise, is subject to our Privacy Policy, located at www.myellevibe.com/privacypolicy. That Privacy Policy addresses our collection and use of the data You provide to us, including Your rights relative to that information. Please review the Privacy Policy before You use this Website. If You are unwilling to accept the terms and conditions of the Privacy Policy, we ask that You not use this Website or post or order any items from it.

  6. Suspension of Website and/or Products Listed for Sale. You agree that MyElle™, in its sole discretion and at any time, may modify, discontinue, or suspend operation of this Website or any portion thereof and/or any products offered thereon, temporarily or permanently, without notice to You. You expressly agree that these Terms do not create any right for You to perpetually access this Website or any information or products contained therein, and that MyElle™ is not liable to You for any actions it may take in continuing or suspending operations of this Website or any portion thereof, and/or any products contained therein.

  7. Ownership and Intellectual Property. This Website is owned and operated by MyElle™. All rights, title, and claims to the content and information used on this Website are the property of MyElle™ and/or its authorized agents, partners, affiliates, subsidiaries, or other third-party partners. With the exception of the limited license to You described in this provision, nothing on this Website is intended to create any transfer of any ownership and intellectual property rights to You, and You acknowledge and agree that the information and content available through this, including but not limited to, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers are protected by copyrights, trademarks, patents, and/or other proprietary rights and laws. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or to create derivative works based on this Website and/or any content or information available on this Website. You are granted a non-exclusive, non-transferable, revocable, limited license to view, copy, and print content and information on this Website for the limited purposes of using this Website as a shopping and informational resource related to the products contained on this Website; You may not copy or use the content or information from this Website for any other purpose. You may not copy, reprint, redistribute, modify, or sell information or content retrieved from this Website for any commercial purpose or provide it to another commercial source without the express and prior written consent of MyElle™. Any rights not granted herein are expressly reserved to MyElle™.

Order, Purchase, and Product Terms

 

  1. Purchasing Items on Website. MyElle™ takes reasonable precautions to try to ensure that the prices quoted on this Website are correct, and to describe the items available on this Website as accurately as possible and to depict the most up-to-date packaging. However, when ordering products, please note that MyElle™ does not warrant that product descriptions are accurate, complete, reliable, current, or error-free or that product packaging depicted on this Website will match the actual product that You receive. All items are subject to availability. We will inform You as soon as possible if the product(s) or service(s) You have ordered are not available, and we may offer alternative product(s) or service(s) of equal or higher quality and value.

  2. Order Acceptance and Shipment. Your placement of an order does not necessarily assure that we will accept Your order. MyElle™ may require additional information regarding Your order if You have not provided all of the information required by us to complete it, and generally, MyElle™ reserves the right to refuse to accept any order and will notify You in such an instance. Once You have properly completed an order and Your form of payment, and authorization is received, we will promptly locate the item(s) You have ordered to place them in line for shipment. This Website does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on this Website.

  3. Order and Payment Information. If You use this Website or other means to purchase a product, payment must be received by MyElle™ prior to our acceptance of an order, unless otherwise agreed by us. All MyElle™ products are subject to sales tax, which will be applied to Your order total. In the United States, MyElle™ is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, such as food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. MyElle™ is required to follow the rules of each state. Your final order will include the appropriate state and local taxes.

MyElle™ may need to verify information You provide before MyElle™ accepts an order and may cancel or limit an order any time after it has been placed. If payment has already been made and Your order is canceled or limited, we will refund any payment You made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. MyElle™ expressly conditions its acceptance of Your order on Your agreement to these Terms. In ordering products through this Website or otherwise, You agree to provide only true, accurate, current, and complete information. You hereby certify that any email account You provide to MyElle™ is registered to You. MyElle™ shall have the right to bar Your access to and use of this Website or its other products or services if we have reasonable grounds to believe that You have provided untrue, inaccurate, not current, or incomplete information to us, or for any other reason MyElle™, in its sole discretion, deems appropriate.

You agree that if You are ordering or purchasing products on behalf of a company, You have sufficient authority to bind that company to these Terms. You agree that Your placement of an electronic order through this Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required. MyElle™ may reject orders where the stated delivery address is outside the United States. MyElle™ will add applicable shipping and handling fees for orders accepted outside of the United States. MyElle™ reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of this Website without incurring any obligation to You. MyElle™ descriptions of, or references to, products not owned by MyElle™ on and outside of this Website do not imply endorsement of that product or constitute any warranty by MyElle™.

  1. Pricing Errors and Omissions. Please be aware that prices, availability, and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on this Website and make reasonable efforts to correct any errors and inconsistencies. Be advised that MyElle™ reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after Your credit card has been charged. If we discover an error after Your credit card has been charged and Your order is canceled as a result of the error, Your credit card will be refunded the full amount of Your order.

  2. Risk of Loss. All items purchased from this Website are delivered to shipment carriers. The risk of loss and title for such items pass to You upon our delivery of products to the shipment carrier.

  3. Return Policy and Limited Warranty. Due to the intimate nature of MyElle™ products, we are unable to accept any returns for any MyElle products. ALL PRODUCT SALES ON ALL PRODUCTS SOLD AT MYELLEVIBE.COM ARE FINAL; THERE ARE NO RETURNS OR EXCHANGES OF ANY PRODUCTS FOR ANY REASON. MyElle™ provides a limited warranty against manufacturer defect-related problems resulting from normal use of the product. You must register Your product with MyElle™ to qualify for the limited warranty.

Specifically, MyElle™ provides a limited, one-year warranty against defects in materials or workmanship under normal use and conditions; in order to be eligible for this warranty, You must register Your MyElle™ product online at: www.MyEllevibe.com/registration within ninety (90) days of the date You purchased the product. The limited warranty is a limited one-year warranty, beginning the date You purchased Your MyElle™ product. This limited warranty covers defects in materials and workmanship, and is valid for You, the purchaser, alone; the limited warranty may not be assigned or otherwise transferred to another party. This limited warranty does not cover damage, defects, or failures cause by the abuse, misuse, use for a purpose other than the intended use of the product, improper care or storage, incorrectly performed maintenance or repair, failure to follow manufacturer’s product instructions, loss, normal wear and tear, alteration, excessive use, or anything else except for as stated explicitly in this §14 (“Return Policy and Limited Warranty.”).

MyElle™ does not make any warranties, representations, or guarantees of any kind with respect to the results You may achieve with MyElle™ products. Individual results will vary and are dependent on a variety of factors.

MyElle™ reserves the right to make changes and improvement to our products without incurring any obligation to incorporate such improvements in products previously sold by MyElle™.

To make a request for repair of Your MyElle™ product under this limited one-year warrant, please contact us via email at: info@myellevibe.com with subject “Warranty Request”.

DISCLAIMER OF WARRANTIES. MyElle™’s responsibility for malfunctions and defects in our products, and Your remedies under the limited one-year warranty, are limited to the repair or replacement, if necessary, of Your MyElle™ product as set forth in these Terms. The limited warranty set forth in §14 (“Return Policy and Limited Warranty.”) is in lieu of all other express or implied warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, MYELLE™ DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If applicable law does not permit the disclaimer of implied warranties, then the duration of such implied warranties, including without limitation the implied warranty of fitness for a particular purpose, are hereby expressly limited to the duration of the one-year warranty set forth in §14 (“Return Policy and Limited Warranty.”) These warranty terms, conditions, and limitations allocate the risks of product failure between MyElle™ and You, the purchaser, of MyElle™ products. This allocation of risks is recognized by both parties and is reflected in the price of MyElle™’s products. By using any MyElle™ products, You acknowledge that You have read and understand these Terms and expressly agree to be bound by these Terms.

 

General Contractual Terms

 

  1. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MYELLE™, ITS SUPPLIERS, AFFILIATES, OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ANY PRODUCTS PURCHASED ON THIS WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR THIS WEBSITE. IN NO EVENT WILL MYELLE™’S LIABILITY FOR ANY AND ALL CLAIMS OF ANY KIND ARISING AS A RESULT OF OR RELATED TO THESE TERMS AND/OR YOUR USAGE OF ANY MYELLE™ PRODUCT(S), AND/OR ANY OBLIGATIONS HEREIN OR TO ANY ACT OR OMISSION RELATED TO THESE TERMS, EXCEED THE VALUE OF THE ACTUAL PURCHASE PRICE PAID BY YOU TO MYELLE™ FOR MYELLE PRODUCT(S).

  2. You agree to indemnify and hold harmless MyElle™, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with Your use of this Website; information You submit or transmit through this Website; Your breach of this Agreement; and Your connection to this Website.

  3. You agree that MyElle™ may, in its sole discretion, and at any time, terminate Your use of this Website, without prior notice to You, for any reason that MyElle™ deems appropriate. You further agree that MyElle™ will not be liable to You or to any third-party for the consequences of any termination of Your use of or access to this Website. In the event of any termination of Your use of or access to this Website, You agree that the provisions of the Agreement regarding protection of intellectual property rights, indemnification, disclaimer of warranties, limitation of liability, and applicable law shall survive any such termination.

  4. Integration, Severability and Waiver. These Terms set forth the entire agreement relating to the subject matter hereof and supersede all prior agreements, discussions, and understandings between the parties hereto, whether oral or written, relating to the subject matter hereof. If any provision of these Terms is held to be invalid or unenforceable under the circumstances, such provision’s application in any other circumstances, and the remaining provisions of these Terms, shall not be affected thereby. The waiver of a breach or default in any of the provisions or any delay or omission to exercise any right under these Terms shall not be construed as a waiver of any succeeding breach of the same or other provisions.
  5. Limitations of Actions Brought Against MyElle™. You agree that any claim or cause of action arising out of Your use of this Website or these Terms must be filed within one (1) year after such claim or cause of action arose, or it will forever be barred, notwithstanding any statute of limitations or other law to the contrary.

  6. Applicable Law; Dispute Resolution; Class Action Waiver. These Terms and the resolution of any dispute related to these Terms, this Website, or products You purchase through this Website shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. The parties agree that any dispute relating to these Terms which the parties are unable to resolve shall be submitted solely and exclusively to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association (“AAA”), including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. If, for any reason, the AAA is unavailable to handle the dispute, then the parties shall mutually agree on an alternative arbitral form for the dispute. Said dispute shall be submitted individually by You and will not be subject to any class-action status. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You hereby waive any and all rights to claim punitive, incidental, or consequential damages, attorney's fees and costs, and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which You will be entitled shall be Your actual damages associated with this Agreement. Said arbitration shall occur exclusively in the city and county of San Diego, California. All lawsuits, causes-of-action, disputes, or other proceedings not subject to arbitration as a matter of law, if any, shall be brought exclusively in the state or federal courts located in the city and county of San Diego. The terms of this section survive any termination of the Agreement.

  7. In order to avoid irreparable injury to MyElle™, in the event of any breach or threatened breach by You of the provisions of these Terms, MyElle™ will be entitled to seek an injunction and/or other equitable relief restraining You from such breach. Nothing in these Terms shall be construed as prohibiting MyElle™ from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from You.

  8. Electronic Communications. The information communicated on this Website constitutes an electronic communication. When You communicate with MyElle™ through this Website or via other forms of electronic media, such as email, You are communicating with MyElle™ electronically. You agree that MyElle™ may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that MyElle™ provides to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

  9. Trademark Notice. “MyElle” is a registered trademark of MyElle Wellness, Inc, filed and pending acceptance by the USPTO. All other trademarks and service marks displayed on this Website are the property of either MyElle™ or their respective owners. You may not use or display any trademarks or service marks owned by MyElle™ without MyElle™’s prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their respective owners.

  10. Copyright Policy and Copyright Agent. It is MyElle™’s policy to respect the copyright and intellectual property rights of others. MyElle™ may remove content that appears to infringe the copyright or other intellectual property rights of others. Further, MyElle™ complies with the Digital Millennium Copyright Act. If You believe in good faith that Your work has been copied in a way that constitutes copyright infringement, please provide MyElle™ the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on this Website; Your address, telephone number, and email address; statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 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. Please send the information to:

MyElle™ Wellness, Inc.

Attn: Legal Dept.

270 F N. El Camino Real #442

Encinitas, CA 92024


Attorneys’ Fees. If MyElle™ takes legal action against You as a result of any result of a violation or breach of these Terms, MyElle™ will be entitled to recover from You all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to MyElle™.

Electronic Signatures and Agreements. You acknowledge and agree that by clicking on the button labeled "SUBMIT," "DOWNLOAD," "I ACCEPT," or such similar links as may be designated by MyElle™, You accept the terms and conditions of these Terms. You further acknowledge that in doing so, You are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that Your electronic submissions constitute Your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, You hereby agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed through this Website. Further, You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

Modifications to This Agreement. MyElle™ may make changes to these Terms from time to time in its sole discretion, by updating these Terms on this Website without notice to You. Your continued use of this Website following the posting of a new version of the Agreement constitutes Your acceptance of any such changes. Accordingly, whenever You visit this Website, You should check to see if these Terms have been updated or revised. These Terms supersede any other terms and conditions previously published by MyElle™ on this Website. MyElle™ may assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third-party at our discretion. No delay by MyElle™ in exercising any right or remedy under these Terms will operate as waiver of that right or remedy or will otherwise affect MyElle™’s ability to subsequently exercise that right or remedy; any such waiver must be agreed to by MyElle™ in writing.