Terms & Conditions
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
ACCEPTABLE CONTENT
Offensive, defamatory, and illegal material should not be posted on the website. In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Anne Carley Creative, a division of Be Well Here & Co, a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or a third party.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
We reserve the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website.
Under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to us, or the publication of such content on, this website.
ACCEPTABLE USE
Users may not harass or annoy other users, promote content that violates our policies, or transmit illegal material through the site or its servers.
PAYMENT TERMS
Payments are to be made via credit card and/or check at time of purchase.
LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with respect to any product(s) and service(s) provided under this Agreement and any breach of this Agreement, is solely limited to the amount you paid for such service(s). We shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of its services or for the cost of procurement of substitute services.
We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: to the extent that the website is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if the user has been expressly advised of the potential of loss.
NO WARRANTIES
This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
COPYRIGHTS & TRADEMARKS
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner. The written content displayed on this website is owned by its respective author and may not be reproduced in whole, or in part, without the express written permission of the author.
MODIFICATION
We reserve the right to revise the terms and conditions of this Agreement at any time. Any such revision will be binding and effective immediately upon posting of the revised Agreement on our website. Your continued use of our site constitutes an agreement to any revision of the terms and conditions of this Agreement.
GOVERNING LAW
This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Virginia. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Virginia, as applicable, for any matter arising out of or relating to this Agreement, except that in actions seeking to enforce any order or any judgment of such federal or state courts located in Virginia, such personal jurisdiction shall be non-exclusive.
REASONABLENESS
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
OTHER PARTIES
You accept that we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
UNENFORCEABLE PROVISIONS
If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
INDEMNITY
You hereby indemnify and undertake to keep indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, may take such action as deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
VARIATION
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
ASSIGNMENT
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
ENTIRE AGREEMENT
These terms and conditions, together with our Privacy Policy constitute the entire agreement between you and in relation to your use of this website and supersede all previous agreements in respect of your use of this website.
QUESTION AND SUGGESTIONS
If you have questions, suggestions, or wish to make a complaint, please contact us at:
Be Well Here & Co
Customer Care – Terms & Conditions Issues
PO Box 386
Charlottesville, VA 22902-0386
1.434.480.4398
Last Updated: 30 March 2021
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