Terms of Use & Service

1. Acceptance of These Terms

These Terms of Use (the "Terms" or "Agreement") constitute a legally binding agreement between you, as a user of the website https://purewellsciences.com/ (“Website”), and Labonix Corp., with a registered office at 2300 West Sahara Avenue Suite 800, Las Vegas, NV, 89102 (“PureWell,” “we,” or “us”).

These Terms govern your access to and use of the Website and the associated products offered through it. By browsing, using, or viewing information on the Website, you acknowledge and agree to be bound by these Terms. If you do not agree with these Terms, you must immediately cease using the Website.

We reserve the right to update and modify these Terms at our discretion by posting changes on the Website. Changes will take effect immediately unless otherwise specified. Continued use of the Website following the posting of changes constitutes your acceptance of the revised Terms.

PLEASE NOTE: 

PLEASE BE AWARE THAT THESE TERMS INCLUDE A MANDATORY ARBITRATION CLAUSE. THIS CLAUSE REQUIRES THAT DISPUTES BE RESOLVED THROUGH INDIVIDUAL ARBITRATION AND RESTRICTS THE REMEDIES AVAILABLE TO YOU IN CERTAIN CIRCUMSTANCES.FURTHERMORE, THE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND A CLASS ACTION WAIVER.

2. Products and Services

PureWell provides vitamins and nutritional supplements designed to support your health and lifestyle (collectively, “Products”). All Products are intended solely for personal use and are not for resale or commercial distribution. Products are available for purchase only through our Website and are offered exclusively to customers within the United States. 

The information presented on our Website is intended to provide general health, fitness, and nutrition insights. PureWell does not provide medical advice or diagnostic services, and the use of our Website or purchase of our Products does not establish a doctor-patient relationship.

The information on the Website is not intended to diagnose, treat, cure, or prevent any medical condition. Always consult your healthcare provider or physician for medical advice, particularly regarding specific medical conditions, illnesses, or treatments. This is especially critical before starting any new supplement, diet, or wellness program.

3. USER ACCOUNTS

3.1. Eligibility

To utilize the service, users may be required to set up an account. To register an account with PureWell, you shall be at least 18 years old (or of the reciprocal age of majority in your state or jurisdiction) and able to form legally binding contracts. We do not knowingly collect personal information from children under 18 years of age.

3.2. Registration

During registration of an account, you need to provide us a valid email address, and/or other information as prompted by the registration form or as required by applicable law. We may also allow you to register by using your social network credentials.

3.3. Account Security

You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify PureWell of any unauthorized use of your password or account. You should only create one account on the Website.

Unless expressly permitted in writing by PureWell, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to your account. PureWell reserves all available legal rights and remedies to prevent its unauthorized use, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

You agree to keep your contact and billing information (including but not limited to email address) true, accurate, complete and up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active PureWell accounts.

4. Payments and Fees

PureWell offers flexible payment options for its products and services, depending on your preferences. 

  • For one-time purchases, payment is collected at the time you place your order. 
  • If you opt for a subscription, payments are processed at the start of your subscription term and will automatically recur at the beginning of each renewal period unless you choose to cancel.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

4.1. Payment method

Payments will be charged using the payment method you provided on the payment page at the time of purchase (after entering your payment method details). 

By providing your payment details, you authorize PureWell or its third-party payment processor to charge your account for the amount due, including applicable taxes and renewal charges.

4.2. Pricing 

All prices are listed in USD and do not include applicable taxes or other fees and charges unless explicitly stated otherwise.

Delivery fees are paid at the time of purchase on the Website and are added to the total price of your order. 

PureWell reserves the right but is not obligated to limit the sales of our Products or services to any person, geographic region, or jurisdiction. PureWell reserves the right to limit the quantities of any Products, or services that we offer, as well as to change the prices of Products and subscription fees. 

4.3. Subscription Period and Renewals

The options for the subscription period(-s) duration may be set at the discretion of PureWell and change from time to time. 

Subscriptions renew automatically at the end of each billing cycle unless canceled. The subscription period and applicable fees are clearly specified during the subscription process.

4.4. Subscription Cancellation

You can cancel your subscription by contacting our customer support team via email indicated at the end of the Terms below. 

You will be responsible for all subscription fees (plus any applicable taxes and other charges) incurred for the then-current subscription period. Cancellation will take effect at the end of the current billing period, and no further charges will be made.

We may cancel your subscription if you fail to make the required payment, violate these Terms, or if there is another valid reason, such as legal requirements, that necessitates cancellation.

4.5. Refunds

Refunds are provided in accordance with the provisions of the Money-Back Guarantee policy.

5. Money-Back Guarantee

We are committed to ensuring your satisfaction with every PureWell product. 

If you are not completely satisfied with your purchase from our website, you may return it within 30 days for a replacement or refund. To initiate a return, please contact our support team for assistance. Each request is assessed individually.

Kindly note that all shipping costs, including return shipping, are non-refundable.

We have the right to refuse any refund if you have breached any of the provisions of the Terms.

6. Prohibited Uses

When accessing and using the PureWell Website, you agree not to engage in any of the following prohibited activities:

  • Illegal Activities: Using the Website or its services for any unlawful purpose or to violate any applicable local, state, national, or international laws or regulations, including, without limitation, all laws associated with international money transfers.
  • Unauthorized Use: Attempting to gain unauthorized access to the Website, its servers, or any connected networks. This includes hacking, password mining, or any similar means. 
  • Disruption of Service: Interfering with or disrupting the normal operation of the Website, including the servers or networks connected to it. This includes transmitting viruses, malware, or any other harmful software.
  • Misrepresentation: Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  • Resale or Redistribution: Purchasing Products from the Website for the purpose of resale or commercial distribution. 
  • Restricted Access Jurisdictions: Accessing or using the Website from jurisdictions where such access is prohibited or unauthorized.
  • Violation of Intellectual Property: Copying, reproducing, distributing, or using any content from the Website, including text, images, or other materials, without obtaining prior written permission from PureWell and/or damaging our IP rights. This includes modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling, or disassembling any part of the Website or its software, or encouraging others to do so.
  • Competing Services: Creating or attempting to create databases, websites, software, legal entities, or other services that compete with the Website.
  • Harmful Use: Engaging in any activity that violates these Terms, creates liability for PureWell, disrupts its services, or causes PureWell to lose, in whole or part, the services of ISPs or other suppliers.
  • Harassment or Abuse: Engaging in behavior that is threatening, abusive, harassing, defamatory, or otherwise objectionable towards PureWell, its staff, or other users.
  • Data Collection: Using automated tools, bots, or other methods to scrape or collect data from the Website without our prior written consent.
  • Advertising or Solicitation: Using the Website to distribute unauthorized advertisements, promotional materials, or other forms of solicitation.

PureWell reserves the right to investigate and take appropriate legal action for any violations of these prohibited uses, including suspending or terminating access to the Website or its services. If you suspect misuse or encounter any prohibited activities, please report them to our customer support.

7. Intellectual Property

This Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of PureWell or its subsidiaries or affiliated companies and/or third-party licensors. 

You specifically acknowledge that these Terms do not confer upon you any interest in or right to use any trademark or service mark of PureWell or its affiliated companies unless you first receive our prior written consent. 

7.1. License

Unless otherwise expressly stated in writing by PureWell, by agreeing to these Terms you are granted a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable license to access and use our Website.

The Website may permit the sharing of content by you and other users, including but not limited to information, opinions, recommendations, and/or feedback that you may provide the Website in connection with the Website and/or Products (collectively, “User Submissions”). Your User Submissions may be made publicly available through the Website. 

Subject to these Terms, by submitting User Submissions you hereby grant the Website a worldwide, irrevocable, non-exclusive, royalty-free, fully-paid, perpetual, sub-licensable, assignable and transferable license to use, reproduce, distribute, create derivative works of, publicly display, publicly perform, and otherwise commercially exploit the User Submissions in connection with the Website and Products, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. 

7.2. Procedure for Reporting Claimed Infringement

If you believe that any content made available on or through the Website infringes your intellectual property right, please promptly send a written “Notification of Claimed Infringement” to our customer support team via email indicated at the end of the Terms below. Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification.  

You should consult with your own lawyer and/or review applicable law regarding copyright or other intellectual property infringement to confirm your obligations to provide a valid notice of claimed infringement.

PureWell reserves the right to seek damages from any party that submits a false notification in violation of the law, as provided for by applicable law.

8. Representations and Warranties

PUREWELL STRIVES TO PROVIDE HIGH-QUALITY PRODUCTS AND SERVICES, BUT WE CANNOT GUARANTEE THAT YOUR USE OF OUR WEBSITE OR PRODUCTS WILL ALWAYS MEET YOUR EXPECTATIONS. ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH OUR WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

We do not warrant that your use of the Website will be uninterrupted, error-free, secure, or timely. We do not guarantee that the results obtained from using our services or Products will be accurate, reliable, or meet your expectations. The Website and all Products and services offered through it are provided without any implied warranties or conditions, including but not limited to warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement. You agree that the use of the Website and PureWell’s Products is at your sole risk. PureWell does not guarantee results or outcomes from using its Products.

PureWell reserves the right to change or remove any content, modify or suspend access to the Website, or discontinue any features, functionality, or the availability of Products at any time without prior notice. Such changes may occur without obligation or liability to you, ensuring the flexibility to adapt to evolving needs and circumstances.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PUREWELL AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE HELD LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL, ARISING FROM YOUR USE OF THE WEBSITE, PRODUCTS, OR ANY SERVICES PROVIDED. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOST PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR SIMILAR LOSSES, REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Once your order has been handed over to the delivery company, PureWell is no longer responsible for any delays, loss, or damage that may occur during transit. Any such issues should be addressed directly with the delivery company. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery.

For claims related to the purchase or use of Products, PureWell’s total liability shall not exceed the amount paid for the specific Product(s) giving rise to the claim. For claims related to access or use of the Website or services, PureWell’s total liability shall not exceed the greater of $250 or the total amount you paid to PureWell in the one (1) month period immediately preceding the claim.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST PUREWELL, ITS AFFILIATES, AND SERVICE PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, which, if known by them, would have materially affected their settlement with the debtor."

10. Disclaimers

UPON DELIVERY, YOU ARE SOLELY RESPONSIBLE FOR THE PROPER HANDLING, STORAGE, AND USE OF THE PRODUCTS YOU RECEIVE. THIS INCLUDES READING ALL PRODUCT LABELS, WARNINGS, AND INFORMATION PROVIDED WITH THE PRODUCTS. PUREWELL IS NOT RESPONSIBLE FOR ANY ADVERSE REACTIONS OR ISSUES ARISING FROM THE MISUSE, IMPROPER STORAGE, OR FAILURE TO FOLLOW THE PROVIDED GUIDANCE.

YOU ARE RESPONSIBLE FOR KNOWING YOUR ALLERGIES OR SENSITIVITIES. VERIFY INGREDIENTS AND ALLERGEN INFORMATION ON THE PRODUCT PACKAGING BEFORE USE. PUREWELL IS NOT LIABLE FOR ALLERGIC REACTIONS OR ISSUES FROM LISTED INGREDIENTS.

PUREWELL STRIVES TO DISPLAY PRODUCT IMAGES AND INFORMATION ACCURATELY, BUT PRODUCTS MAY DIFFER SLIGHTLY IN APPEARANCE, PACKAGING, OR DETAILS DUE TO MANUFACTURING, SUPPLY ISSUES, OR OTHER FACTORS BEYOND OUR CONTROL.

STATEMENTS REGARDING THE EFFICACY OF OUR PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (FDA). THE FDA DOES NOT EVALUATE OR TEST HERBS. OUR PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. 

WE ENCOURAGE YOU TO CONSULT YOUR PHYSICIAN OR HEALTHCARE PROVIDER BEFORE USING OUR PRODUCTS, ESPECIALLY IF YOU’RE PREGNANT, NURSING, TAKING MEDICATION, OR MANAGING A MEDICAL CONDITION. THE INFORMATION ON THE WEBSITE IS FOR EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR PROFESSIONAL MEDICAL CONSULTATION. 

11. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold PureWell, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors, and assignees harmless from and against all losses, costs, liabilities, and expenses including reasonable attorneys’ fees, asserted by any third party resulting from or in any way connected with or related to your use of or conduct on the Website and/or your breach of this Agreement and/or any of your representations and warranties set forth above.

PureWell reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with, and fully indemnify PureWell in connection therewith.

12. Privacy

We respect your privacy and the use and protection of your personal information. Your submission of personal information through the Website is governed by our Privacy Policy. It contains important information and disclosures relating to the collection and use of your personal information by us.

13. Dispute Resolution

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION 13 ("ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PUREWELL AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

13.1. Applicability of Arbitration Agreement

This Arbitration Agreement governs any dispute between you and PureWell (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns) including but not limited to claims arising out of or relating to any aspect of the relationship between you and PureWell, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement; and claims that may arise after the termination of these Terms. However, (1) you may assert claims in small claims court if your claims qualify within the scope of your jurisdiction; and (2) you or PureWell may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.

The relevant arbitrator shall have sole authority to determine the applicability of the Arbitration Agreement in each particular case. In the event that a dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration.

13.2. Initial Dispute Resolution

Most disputes can be resolved without resorting to arbitration. If you have any dispute with PureWell, you agree that before taking any formal action, you will contact us via email of our support team indicated at the end of the Terms below, and provide a brief, written description of the dispute and your contact information. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with PureWell, and good faith negotiations will be a condition to either party initiating an arbitration.

13.3. Binding Arbitration

If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms formation, performance, and breach), the parties' relationship with each other, and/or your use of the Website will be finally settled by binding arbitration before one arbitrator administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”). 

Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.

In each case, the relevant arbitration rules will apply as modified by this Arbitration Agreement. In the event of a conflict between the applicable arbitration rules and these Terms, these Terms shall govern unless otherwise agreed by the parties and the relevant arbitrator.

If the relevant administrator of arbitration is not available to arbitrate, the parties will select an alternative arbitral forum.

13.4. Arbitration Proceedings

Initiating Arbitration. To start an arbitration, you must follow the instructions available at https://www.jamsadr.com/submit/.

Arbitration Fees. If you are a consumer and you initiate arbitration, the only fee required to be paid is $250 and the other part of the filing fee (if any) will be borne by us. If the arbitrator finds the arbitration initiated by you to be non-frivolous and/or not in bad faith, all other arbitration costs will be borne by PureWell. If PureWell initiates arbitration against you and you are a consumer, PureWell will pay for all costs associated with the arbitration. The parties are responsible for paying their own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

Should either party bring a dispute involving issues subject to arbitration in a forum other than arbitration, the court or the arbitrator shall have the authority to award reasonable costs, fees, and expenses, including reasonable attorneys’ fees, incurred by the other party in successfully staying or dismissing, in whole or in part, such other proceeding or in otherwise enforcing compliance with this Arbitration Agreement.

Arbitrator Selection. The arbitrator must be neutral, and you will have a reasonable opportunity to participate in the process of choosing the arbitrator.

Arbitration Hearings. The arbitrator will conduct hearings, if any, by teleconference or videoconference (based on written and/or electronic filing of documents), rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, provided that if you are a consumer, you have a right to an in-person hearing in your hometown area. If the parties are unable to agree on a location, such determination should be made by the administrator of arbitration or by the arbitrator.

Consumer Remedies. If you are a consumer, remedies that would otherwise be available to you under applicable laws will remain available under this Arbitration Agreement, unless you retain the right to pursue such remedies in court as per this Agreement.

Discovery of Non-privileged Information. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the claim.

Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.

Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex-parte communications are not permitted with any arbitrator.

Choice of Law. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.

Arbitrator’s Award. An arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.

The arbitration award shall be final and binding on the parties. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

13.5. Class Action Waiver and Jury Trial Waiver

THE ARBITRATOR HAS NO AUTHORITY TO AWARD PUNITIVE DAMAGES. NEITHER YOU NOR PUREWELL AGREES TO ANY ARBITRATION ON A CLASS BASIS, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED ON SUCH A BASIS. A PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS PROCEEDING. UNDER THE ARBITRATION AGREEMENT, ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTIES CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.

13.6. Litigation of Intellectual Property and Small Claims Court Claims

Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in court with jurisdiction or in other relevant state authority to protect its intellectual property rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

13.7. 30-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending electronic notice of your decision to opt out to the email address of our support team indicated at the end of the Terms below, with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT OUT". The notice must be sent within 30 days of (a) the effective date of these Terms; or (b) your first date that you used the Website that contained any versions of the Terms that substantially included this version of the Arbitration Agreement (including class action waiver), whichever is later. Otherwise, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of this Arbitration Agreement, PureWell also will not be bound by it. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14 "Governing Law and Venue."

13.8. Severability of Arbitration Agreement

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in court in accordance with Section 14 "Governing Law and Venue," and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration. Further, if any part of this Arbitration Agreement is found to prohibit an individual claim from seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Arbitration Agreement will be enforceable.

13.9. Survival

This Arbitration Agreement will survive any termination of your use of the Website.

14. Governing Law and Venue

These Terms are governed by the laws of Delaware USA, without regard to conflict of laws principles. Any disputes not subject to arbitration will be resolved exclusively in courts located in Delaware USA.

15. Termination of Use

PureWell may suspend or terminate your account and access to the Website at any time if you violate these Terms or engage in fraudulent activity. Termination does not relieve you of your payment obligations for past purchases or subscriptions.

16. Electronic signature

You further acknowledge and agree that by clicking on a button labeled "CONNECT NOW", "PAY", "BUY WITH GOOGLE PAY", "BUY WITH APPLE PAY", "I ACCEPT", "I AGREE" or similar links or buttons, 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 this Agreement.

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 the Website.

Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction, which require an original signature, delivery, or retention of non-electronic records, or payments by other than electronic means.

17. Miscellaneous

These Terms constitute the entire agreement between you and PureWell regarding your use of the Website and our Products, superseding any prior agreements or communications. After your account is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of PureWell. 

18. Contact information

Please contact our support team with any questions regarding the Terms.

E-mail: support@purewellsciences.com

All Rights Reserved.

Last Updated: December 10, 2024