Terms of Use

Updated: October 11, 2017

 

Who We Are

WellGistics.com is owned and operated by WellGistics, LLC, 480 Eagles Landing, Lakeland, FL 33810. If you have questions, comments, or concerns about these Terms of Use (these “Terms”), you may email orders@wellgistics.com.

Usage Creates a Binding Agreement

No one is forcing you to use WellGistics.com or our mobile application (when available). We appreciate your business. By visiting our website or downloading our mobile application, you agree to these Terms of Use.  Don’t use our website or mobile application, if you disagree with any of these Terms.

Adults Only

If you’re under the age of 18, you must not use our site or app.

BY USING THIS SITE OR APP YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND CAN LEGALLY ENTER THIS AGREEMENT.

Limitations

Warranties Disclaimed – You use our site or app at your own risk. We provide our site and app “as is” and “as available.” Any material obtained through the use of our site or app is done at your risk. We will not be responsible for any damage to your computer or loss of data that results from obtaining material from our site or app.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES, SITE, OR APP WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, UP-TO-DATE, COMPLETE, ERROR-FREE, OR VIRUS-FREE. WE ALSO DO NOT WARRANT THAT WE WILL CORRECT ANY DEFECTS.

Liability Limited – OUR LIABILITY TO YOU IS LIMITED. TO THE FULL EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RELATED TO YOUR USE OF OUR SITE OR APP, REGARDLESS OF CAUSE. WE WILL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, DATA, GOODWILL, OR USE; OR ANY OTHER HARM REGARDLESS OF FORESEEABILITY.

Exclusions – SOME PLACES DO NOT ALLOW DISCLAIMING CERTAIN WARRANTIES OR LIMITING LIABILITY FOR CERTAIN DAMAGES. THUS, SOME DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.

Accounts

Registration – You may not use the account, username, or password of someone else at any time unless you do so with express agency authority. When you create an account or register for services on our website or mobile application, you must provide complete and accurate information.

Security – If you create a username and password, you may not share them with anyone and you are responsible for maintaining their confidentiality. You will be liable for any loss that results from anyone using your account with your permission or due to your failure to log out of your account or protect your username and password. You must immediately notify us if you suspect any unauthorized account use.

Investigation – To ensure that we provide a high quality experience for you and for other users, you agree that we may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, or infringement of third party rights. We do not intend to disclose the existence or occurrence of such an investigation unless required by law.

Termination – We may terminate your account or your access to our site or app immediately, without notice, and without liability to you, if we believe that you have violated any of these Terms of Use.

Prohibited Uses

No Hacking – You may not access or attempt to access any services, content, user accounts, computer systems, or networks without permission, through hacking, password mining. or any other means. You may not probe, scan, or test the vulnerability of our site or app, or any associated system or network. You may not infect or attempt to infect our site or app with any virus.

No Altering – You may not reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in our site or app. You may not alter or attempt to alter any part of our site or app beyond the customizations that we enable.

No Interfering – You may not use our services, site, or app in any way that may damage, disable, overburden, or impair our servers or networks. You may not interfere with others’ use or enjoyment of our site or app. Though not all-inclusive, you may not overload, “flood,” “spam,” “mail bomb,” or “crash” our site or app; or use our site or app to send unsolicited emails, including ads.

No Competing – You may not use our services, site, or app to compete or attempt to compete with our business.

No Infringing Our Rights – The content on our site and app is protected by copyright, trademark, patent, trade secret, international treaties, and other proprietary rights. You may not copy or share any content from our site or app without consent. We (and our licensors) own and retain the property rights to the content on our site and app. You do not acquire ownership rights to any content by using our site or app.

No Infringing Others’ Rights – You must respect the property rights, including intellectual property rights, of others. We will respond to notices of alleged infringement that comply with applicable law and are properly provided to us. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion.

If Your Rights Are Infringed

Our services allow or may soon allow user-generated content. We have no responsibility to review or approve any user-generated content before it’s published on our site or app. However, we respect the intellectual property rights of others and expect our users to do the same.

If you believe that your content has been copied in a way that constitutes infringement of an intellectual property right, please email orders@wellgistics.com (1) the physical or electronic signature of the intellectual property right owner or his or her authorized representative; (2) your contact information, including your address, telephone number, and an email address; (3) 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 owner or the law; (4) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner; (5) identification of the intellectual property claimed to have been infringed; and (6) reasonably sufficient information to permit us to locate the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or disabled.

Reasonably sufficient information to permit us to locate infringing material includes a display name, username, date, time, and broadcast URL, if available.

Privacy Policy and Terms of Sale are Incorporated

These Terms include an obligation to follow our Privacy Policy (see our Privacy Policy at WellGistics.com/privacy) and orders placed through WellGistics.com are subject to our Terms of Sale (see our Terms of Sale at WellGistics.com/Terms-of-Sale), both of which are incorporated herein by reference.  If there is any conflict between the Privacy Policy or the Terms of Sale and this Agreement, this Agreement shall not control.

Indemnity

You agree to indemnify and defend us, our affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and costs (including reasonable attorney fees and costs) arising from (1) your access to or use of our site or app; (2) your violation of these Terms of Use; or (3) your infringement, or infringement by any other user of your account, of any right of any person or entity.

External Links

Our site may contain links to other sites or apps for your convenience. We have no responsibility for the content or practices of any third-party site or app.

Third Party Beneficiaries

Our service providers are third party beneficiaries of these Terms of Use and may (subject to our agreements with them) enforce our rights with respect to any infringement by you without joining us in any suit.

Assignments

We may assign this Agreement, its duties, or its benefits at any time without notice. You may not assign this Agreement, its duties, or its benefits to anyone else without our prior written notice.

Disputes

Governing Law – These Terms are governed by the laws of the United States and the State of Florida, excluding its conflict of laws provisions.

Waiver – We may waive (or forgive liability) of any breach (or failure) by you to abide by any of these Terms. However, no waiver is valid unless it is in writing and we sign it. Also, waivers apply only to specifically identified failures and do not give you permission to breach Terms at other times.

Internal Resolution – If you have concerns or claims with respect to your usage of our website or mobile application, email orders@wellgistics.com. We’ll investigate and attempt to promptly resolve any complaints.

Arbitration – If your complaint cannot be resolved through our internal process, you agree to resolve your complaint through arbitration. If arbitration is necessary, it will be conducted by telephone and email, and if it must be done in person, it will be conducted in Lakeland, Florida. The arbitration will be conducted an arbitrator from the American Arbitration Association, and under the rules of commercial arbitration of that association, to the extent they’re not inconsistent with these Terms. Both parties will equally share the cost of arbitration. Attorney fees will be awarded to the prevailing party. All decisions of the arbitrator will be final and binding on both parties and enforceable in any court of competent jurisdiction. For additional information you may visit www.ADR.org.

Court – If, for whatever reason, arbitration is unenforceable, lawsuits must be brought before a court in the State of Florida. Attorney fees will be awarded to the prevailing party.

Severability – If, for whatever reason, an arbitrator or court of competent jurisdiction finds any part of these Terms to be unenforceable, all other parts will remain in force, and a valid provision which most closely approximates the intent and economic effect of the invalid provision shall be substituted for the invalid provision.

Rights and Remedies – The rights and remedies expressly provided to WellGistics herein are not exclusive, but are cumulative and in addition to any other remedies at law or equity.

Limitations Period – With the exception claims by WellGistics arising from unpaid invoices, any claim(s) between the Parties arising out of this Agreement shall be brought within one year after the accrual of such claim(s). Any such claims not brought within one year of accrual are waived and forever barred.

Updates

Buyer has a responsibility to review these Conditions periodically. WellGistics may revise these Conditions at any time. If Wellgistics makes a change to these Conditions that, in its sole discretion, is material, WellGistics will update this webpage and may send an email to the address associated with Buyer’s account. By continuing to place orders after those changes become effective, Buyer agrees to be bound by those changes regardless of whether WellGistics has issued an email notification.

BY USING THIS WEBSITE OR MOBILE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE.

 

Updated: October 11, 2017