Terms & Conditions
Welcome to the Well Your World Website. We hope you enjoy your experience.
Well Your World, LLC, an Arizona limited liability company (the “Company” or “Well Your World”) may revise or update these Terms and Conditions at any time. These Terms govern your access to and use of WellYourWorld.com, as well as all content, products (“Products”) and services (for example, ecommerce services available at or though the WellYourWorld.com website (collectively, “Services”). Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our privacy policies as in effect from time to time), and procedures that we may publish from time to time (collectively, the “Agreement”). You agree that we may automatically revise or upgrade our Services, and the Agreement will apply to any such revisions or upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.
Not Medical Advice; Diet Changes
PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER BEFORE YOU CHANGE YOUR DIET AS WELL AS ANY MEDICATIONS WHICH YOU ARE PRESENTLY TAKING. DURING THE PROCESS OF CHANGING TO A WHOLE PLANT FOOD DIET, YOUR HEALTH MAY IMPROVE WHICH MAY REDUCE OR OTHERWISE IMPACT YOUR REQUIRED MEDICATION DOSAGES. IT IS IMPORTANT THAT YOU CONSULT WITH YOUR PHYSICIAN TO ENSURE THAT YOU ARE NOT TAKING MEDICATIONS UNNECESSARILY AND FOR YOU AND YOUR PHYSICIAN TO MONITOR YOUR HEALTH NEEDS DURING THIS PROCESS. WELL YOUR WORLD SPECIFICALLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LIABILITY, LOSS OR RISK, PERSONAL OR OTHERWISE, WHICH IS INCURRED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF THE USE AND APPLICATION OF ANY PRODUCT OR SERVICE THE COMPANY OFFERS, INCLUDING ANY INFORMATION ON ITS WEBSITE, AND ANY CHANGES IN A SUBSCRIBER’S DIET.
Minimum Age Requirements
Our Services are not directed toward or intended for use by anyone under the age of 18. By using our Services you represent and warrant that you (i) are 18 years of age or older, (ii) have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site, and (iv) do not have more than one Company account, and have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account information up-to-date and for keeping your password secure. You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
By creating a Well Your World account, you also consent to receive electronic communications from Well Your World (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, any requirement that such communications be in writing. You should maintain copies of electronic communications from us for your records. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
Purchases, Payments and Renewals
Live Cooking Show Subscriptions
Some parts of our Services are billed on a subscription basis (“Subscription(s)”). For example, the Well Your World live cooking show is offered under various subscription plans. Unless paused or cancelled, you will continue to be charged your regular renewal rate to your credit card on file. Prices are also subject to change. As a subscriber, you will receive e-mails notifying you when new live cooking shows are scheduled. When you register for a live cooking show subscription, you expressly acknowledge and agree that (a) Well Your World (or our third party payment processor) is authorized to charge you on a monthly, quarterly or annual basis for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the Site or Products in accordance with these terms.
At the end of each billing cycle and, subject to any fee changes from time to time, your Subscription will automatically renew under the exact same conditions unless you timely cancel it or Well Your World cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Well Your World customer support at email@example.com. YOU ARE RESPONSIBLE FOR ALL SUBSCRIPTION PLAN CHARGES (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED BEFORE THE EFFECTIVE DATE OF YOUR CANCELLATION.
In the event you cancel your Subscription, please note that we may still send you promotional communications about Well Your World, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, state, local or other governmental sales, excise, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you have paid or will pay, you are responsible for such Taxes, and you hereby expressly agree and authorize us to withhold and collect payment for any such Taxes.
Pricing and Availability
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, will be charged in addition to the prices shown on the Site. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Subscription, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of merchandise or a plan, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with our applicable cancellation policies.
All of our Products and other Services are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and Services and to substitute Products and Services without prior notice. We strive to provide you with high-quality Products and Services, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at firstname.lastname@example.org
Any promotions (“Promotions”) which may be made available through the Site from time to time may be governed by rules that are separate from these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our privacy policies. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Well Your World may, at its sole discretion, offer a Subscription with a free trial (“Free Trial”) for a limited period of time. You may be required to enter your billing information in order to sign up for the Free Trial in which case you will not be charged by Well Your World until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Well Your World reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Well Your World, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions for our Services. Any Subscription fee change will become effective at the end of the then-current billing cycle. Well Your World will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount. We also may change our other fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your paid Service.
Payment Methods; Billing Information
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscriptions and other orders. You shall provide Well Your World with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Well Your World to charge all Subscription fees and orders incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Well Your World will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
If your payment fails or Services are otherwise not paid for on time, we may immediately cancel or revoke your access to such paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for paid Services, we may revoke your access to our Services in general. You acknowledge that the amount billed may vary due to promotional offers, changes to your plan or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time. We will endeavor to provide notice of the charges applicable to you before you make your purchase. When you purchase a Product from Well Your World, any shipping times shown on the Site are estimates only as shipping is generally handled by a third party courier. Actual delivery dates may vary.
You are responsible for inspecting all orders you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. You should always inspect your delivery to confirm that the Order has arrived in a good condition. If you have any reason to believe that any Product in your delivery is not suitable for consumption, please contact us immediately at email@example.com. Most importantly, pregnant women, young children, the elderly and individuals with compromised immune systems should always follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups.
If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. In certain areas, you may be able to provide additional delivery instructions when placing your order, such as requesting that your delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.
Returns and Refunds
In no event are you permitted to resell or otherwise use the Products for commercial purposes. If you are dissatisfied with a Product or Service for any reason, please contact us at firstname.lastname@example.org. Certain items are not returnable unless required by law. Any full or partial refunds given will be applied to the credit card used to buy the item or service.
Return and refund policies vary by Product or Service as follows:
- Books and merchandise. All sales are final. In cases of a manufacturing defect or damage during shipping, please provide photographs to document the damage/defect. Please notify us in writing within 30 days of sale and we will replace any defective items.
- Bottled Sauces: All sales are final. In cases of a defect or damage, notify us within 30 days of sale and we will replace the item. Food Products cannot be returned.
- Live Cooking Show and Replays: If during your first paid period (generally monthly or quarterly) you are dissatisfied with your subscription, please contact us before your renewal to discuss a full or partial refund.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on our Services. We may experience delays in updating information on the Services. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Services. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
General Representations and Warranties
You represent and warrant that your use of our Services:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);
- Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not overburden Well Your World’s systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network; and
- Will not be used to create, distribute, or enable material that is - or that facilitates or operates in conjunction with - malware, spyware, adware, or other malicious programs or code.
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with a Well Your World Product or Service violates your copyright, please notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Well Your World or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
The Agreement does not transfer from Well Your World to you any Well Your World or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Well Your World. Well Your World, WellYourWorld.com, the WellYourWorld.com logo, and all other trademarks, service marks, graphics, and logos used in connection with WellYourWorld.com or our Services, are trademarks or registered trademarks of Well Your World or Well Your World’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Well Your World or third party trademarks.
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Well Your World, or by the posting by Well Your World of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid. If you wish to terminate the Agreement or your WellYourWorld.com account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Purchases, Payments, and Renewals section in these Terms. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties
Our Services are provided “AS IS.” Well Your World and its suppliers and licensors hereby DISCLAIM all warranties of any kind, express or implied, including, without limitation, the WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Neither Well Your World, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the State of Arizona, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement, including, without limit, any access to or use of our Services, will be the state and federal courts located in Maricopa County, Arizona.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Maricopa County, Arizona in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
Limitation of Liability
In no event will Well Your World, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Well Your World under the Agreement during the twelve (12) month period immediately prior to the cause of action. Well Your World shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Well Your World, its contractors, and its licensors, and each of their respective officers, directors, shareholders, managers, members, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement and any ecommerce activities which you conduct through the Site.
Domestic Use and Export Restrictions
We control the Site from our offices within the United States of America. We make no representation that the Site or its content (including, without limitation, any products or Services) are appropriate or available for use in other jurisdictions. Users who access the Site from outside the U.S.A. do so on their own initiative and are solely responsible for compliance with local laws, if applicable. No content from the Site may be downloaded in violation of applicable United States laws.
The Agreement constitutes the entire agreement between Well Your World and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions. Well Your World may assign its rights under the Agreement at any time or times without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.