This Subscriber Agreement governs your use of the Well Vegan website located at https://www.wellvegan.com (“Website”) and is a legal agreement between you (“Subscriber”) and Well Vegan (“Provider”).
BY PLACING A CHECK MARK IN THE “I AGREE TO THE TERMS AND CONDITIONS OF USE” CHECKBOX OR OTHERWISE USING PROVIDER’S WEBSITE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
If you agree, place a check mark in the “I agree to the Terms and Conditions of Use” checkbox on the first page of the Website’s new account registration process. If you place a check mark in the “I agree to the Terms and Conditions of Use” checkbox without actually reading this agreement, you will nevertheless be legally bound. If you do not agree to be bound by the terms of this Agreement, do not place a check mark in the “I agree to the Terms and Conditions of Use” checkbox. If you do not place a check mark in the “I agree to the Terms and Conditions of Use” checkbox you will not be able to proceed with the Website’s registration process, will not become a subscriber of the Website, and will not be granted access to restricted content of the Website.
ACCESS TO WEBSITE CONTENT
Access to subscriber-only content of the Website is provided to users of the Website who register as Subscribers and who have an active Subscription. Specifically, in consideration of Subscriber’s completed automated recurring payment to Provider according to the terms of the subscription plan elected by Subscriber during their new account registration process or a subscription plan subsequently elected by Subscriber from their existing Website account (“Subscription Plan”) Subscriber will be permitted access to that content of the Website restricted to subscribers.
AUTOMATIC CREDIT / DEBIT CARD / PAYPAL PAYMENT METHOD AGREEMENT
By accepting this Agreement, Subscriber authorizes an automatic recurring payment to Provider from the Subscriber’s credit, debit, bank card or PayPal account (the “Automatic Recurring Payment Method”).
AUTOMATIC RECURRING PAYMENT FAILURE
If a payment demand on Subscriber’s Automatic Recurring Payment Method is declined, Subscriber’s Subscription will be suspended and access to Website’s subscriber-only content will be denied. In the event of such a decline, Subscriber gives Provider the authority to make corrections to any information and resubmit the demand. Provider may permanently restrict Subscriber’s ability to use a certain payment method if that payment method fails multiple times.
In the event that payment is not received and Subscriber does not pay the amount due in full, Subscriber’s subscription will be terminated and access to Website’s subscriber-only content will be denied.
CANCELLATION OF AUTOMATIC RECURRING PAYMENT METHOD
Subscriber understands that any Automatic Recurring Payment Method authorization shall remain in effect until withdrawn by Subscriber or cancelled by Provider. Refunds are not given for the balance of the current subscription period when subscriptions are cancelled. The Subscription Plan will remain in effect until Subscriber gives notice of cancellation to Provider and Provider has successfully relayed such notice to their payment provider. Please allow Provider up to ten (10) calendar days for processing cancellation notices.
This authorization will stay in effect until your Subscription Plan is paid in full.
Subscribers may perform the following steps to cancel their Subscription:
- Visit the Dashboard
- Log-in using Subscriber’s Username and Password
- Click on “Account” from the sidebar menu
- Click on the “Cancel Subscription” button in the “ Subscription” box
- Confirm that the cancellation request was successfully accepted and executed by Provider by reading the resulting message displayed at the top of the “Subscription” box.
Once these steps are completed, Subscriber will be sent written confirmation via e-mail within 24 hours to their email address specified in Subscriber’s Website account. If such confirmation email is not received within this timeframe, please send an e-mail to firstname.lastname@example.org indicating this situation and requesting assistance. The cancellation process must be completed within ten (10) business days of Subscriber’s scheduled Subscription billing date to ensure Subscriber is not charged for the next billing period.
Subscriber will have access to Website’s subscription-only content for the remainder of the currently paid billing period. In the event that the cancellation request is not completed (and notification has not been received at email@example.com) before Subscriber’s next recurring payment is processed, Subscriber’s account will be charged for the following billing period. If Subscriber fails to contact firstname.lastname@example.org regarding any problems Subscriber may experience, Provider cannot be held responsible for charges incurred.
If for any reason you are dissatisfied with services, please contact us for a refund. Refunds are issued at a maximum of 3 billing periods, after which we are unable to process refunds. Please note, provider may permanently restrict Subscriber’s ability to resubscribe after refunds have been issued.
CHANGING AUTOMATIC RECURRING PAYMENT METHOD
Subscriber cannot change the parameters of their Automatic Recurring Payment Method as specified in the Subscription Plan they elected. However, Subscriber can change from one Subscription Plan to another by canceling their existing Subscription Plan and subscribing to a different Subscription Plan. Payments due under any new Subscription Plan will begin after the expiration of the current paid access period of the Subscriber, if any.
Subscriber may change details of their Automatic Recurring Payment Method, for example, changing the billing address for a credit card, by performing the following steps:
- Visit https://wellvegan.com/dashboard
- Log-in using Subscriber’s Username and Password
- Click on “Account” from the sidebar menu
- Click the “Update or Change Your Credit Card” button in the Subscription area
- Correct any form errors which are indicated by the Form
- Continue with steps 5 and 6 until the Form indicates that the changes have been accepted
CHANGES TO THIS PLAN
Subscriber understands that these terms and conditions may be amended or modified by Provider at any time with or without notice; however, Provider will endeavor to provide reasonable notice of any amendments or modifications.
ACCESS TO AGREEMENT
To access this Agreement in the future through the Website, go to “http://wellvegan.com/subscriber-agreement“.
This Agreement is not transferable and must be submitted electronically by the person who purchased the Website subscription, to activate their subscription.
SECTION II – OTHER TERMS AND CONDITIONS OF WEBSITE
LIMITATIONS ON USE – Individual and default member
- Only one individual may access Website at the same time using the same Username or Password, unless Provider agrees otherwise.
- The content available through the Website is property of the Provider, property of Provider’s licensors, or the property of Provider’s advertisers or affiliates and is protected by copyright and other intellectual property laws.
- Subscriber agrees not to sell, publish, distribute, retransmit or otherwise provide access to the content received through the Website to anyone.
- Subscriber agrees not to use the Website for any unlawful purpose. Provider reserves the right to terminate or restrict Subscriber’s access to the Website if, in the opinion of the Provider, Subscriber’s use of the Website may violate any laws, infringe upon another person’s rights or violate the terms of this Agreement. Also, Provider may refuse to grant Subscriber a Username that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar, unsuitable or otherwise offensive at Provider’s sole discretion.
Provider may discontinue or change the Website, or its availability to Subscriber, at any time within Provider’s sole discretion. Provider may also modify any of the terms and conditions contained in this Agreement, at any time and at Provider’s sole discretion, by either posting a change notice or a new agreement on the Website or by giving Subscriber notice by e-mail. Modifications may include, for example, changes in the scope of available service. IF ANY MODIFICATION IS UNACCEPTABLE TO SUBSCRIBER, SUBSCRIBER’S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. Subscriber’s continued Subscription to the Website following Provider’s posting of a change notice or new agreement on the Website or by giving Subscriber other notice will constitute binding acceptance of the change.
DISCLAIMERS OF WARRANTIES
PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES RELATED TO ANY USE OF THE WEBSITE OR THE CONTENT AND FURTHER THAT THE WEBSITE OR CONTENT WILL MEET ANY REQUIREMENTS OR NEEDS SUBSCRIBER MAY HAVE, OR THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THE CONTENT WILL BE FREE OF ANY ERRORS, OMISSIONS, OR MISTAKES. IN ADDITION, SUBSCRIBER AGREES THAT PROVIDER PROVIDES ACCESS TO THE WEBSITE “AS IS” AND ON AN “AS AVAILABLE” BASIS AND MAKES NO WARRANTY WITH REGARD TO THE SERVICES OR THE SUITABILITY OF THE SERVICES FOR SUBSCRIBER’S NEEDS. PROVIDER SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE SERVICES AND CONTENT OF THE WEBSITE DO NOT PROVIDE INVESTMENT, FINANCIAL OR TAX ADVICE, AND SHOULD NOT BE USED TO MAKE ANY INVESTMENT DECISIONS. PROVIDER DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, NOR DOES PROVIDER ENDORSE OR SPONSOR THE PRODUCTS, GOODS OR SERVICES OF ANY USER OF THE WEBSITE. SUBSCRIBER SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR TAX, FINANCIAL AND INVESTMENT ADVICE.
PROVIDER MAKES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO SUBSCRIBER AND SUBSCRIBER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. NO AGENT OR EMPLOYEE OF PROVIDER IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PROVIDER, ITS SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR LICENSORS, OR ITS SUPPLIERS OR RESELLERS (EITHER JOINTLY OR SEVERALLY) BE LIABLE TO SUBSCRIBER OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHER LOSS OF ANY CHARACTER, RELATING TO THE WEBSITE OR ITS CONTENT, THIS AGREEMENT OR ACTIVITIES RELATING THERETO EVEN IF PROVIDER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMIT OF THE AGGREGATE LIABILITY OF PROVIDER FOR DIRECT DAMAGES SHALL NOT EXCEED THE SUBSCRIPTION FEES SUBSCRIBER PAID FOR ACCESS TO THE WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN PROVIDER’S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
Miscellaneous Provisions: This Agreement is the exclusive and entire agreement between Subscriber and Provider concerning Subscriber’s use of the Website and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between Subscriber and Provider regarding Subscriber’s use of the Website. Subscriber agrees that this Agreement, as well as any and all claims arising from this Agreement will be construed, interpreted and governed by the laws of the State of California, USA, without regard to its conflict of law provisions. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in California. Disputes arising out of or relating to this License Agreement shall be the federal and state courts sitting in Alameda County in the State of California, USA.
If any part of this Agreement is found to be void, unenforceable or invalid, it shall not affect the other provisions of this Agreement. Provider’s failure to enforce Subscriber’s strict performance of any provision of this Agreement will not constitute a waiver of Provider’s right to subsequently enforce such provision or any other provision of this Agreement, nor will it be deemed a waiver of future enforcement of that or any other provision. This Agreement is personal to Subscriber, which means that Subscriber may not assign their rights or obligations, by operation of law or otherwise, under this Agreement to anyone and no third party is a beneficiary of Subscriber’s rights under this Agreement.
YOU (“SUBSCRIBER”) AGREE THAT BY PLACING A CHECK MARK IN THE CHECKBOX BESIDE THE LABEL “I agree to the Terms and Conditions of Use” ON THE FIRST PAGE OF THE WEBSITE’S REGISTRATION PROCESS OR BY YOUR OTHER USE OF THE WEBSITE, YOU ACKNOWLEDGE AND YOU AGREE THAT: 1) YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ALL ITS TERMS AND CONDITIONS; 2) BY ACCEPTING THE AGREEMENT, THE AGREEMENT WILL BE DEEMED ACCEPTED AND SIGNED BY YOU PERSONALLY; 3) IF YOU CHECK THE “I AGREE” CHECKBOX WITHOUT ACTUALLY READING THIS AGREEMENT, YOU DO NEVERTHELESS AGREE TO BE BOUND BY IT; AND 4) YOU WARRANT AND REPRESENT THAT YOU ARE AN ADULT AND ARE NOT SUBJECT TO ANY CONDITION WHICH MAY PREVENT YOU FROM ENTERING INTO A CONTRACT.
We reserve the right in our sole discretion to change, modify, add, or delete portions of this Notice at any time. We will provide notice of such changes only by posting the updated Notice on our Web site and changing the “last updated” date listed above. This Notice applies exclusively to your access to, interaction with, and use of, this Web site and does not alter in any way the terms or conditions of any other agreement you might have with WellVegan.com (“Well Vegan”) for products, services, or otherwise. We encourage you to review our Notice each time you visit our site to see if it has been updated since your last visit.
If you have any questions regarding the use of the Web site, please refer to the Frequently Asked Questions section. All other questions or comments about the Web site should be directed to email@example.com.
In addition to the Subscriber Agreement, users and visitors to the site agree to the following:
By submitting, disclosing, or offering any recipe, review, photograph, image, video, “favorites” list, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a “Submitted Item”) to Well Vegan, either online or offline and whether or not solicited by Well Vegan, you hereby grant to Well Vegan an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), without compensation of any kind to you or any third party.
You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at Well Vegan’ expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Well Vegan to effect, perfect, and confirm the license granted to Well Vegan to your Submitted Item as set forth herein.
Publication or use of any Submitted Items is at the sole discretion of Well Vegan and Well Vegan is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Web site or otherwise used by Well Vegan, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submitted Item, you hereby grant Well Vegan the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and e-mail address with your Submitted Item so we can contact you if we have any questions about your Submitted Item; however, only your name and not your e-mail address will be published with your Submitted Item.
II. MEDICAL INFORMATION DISCLAIMER
The Website is not a forum for the exchange of medical information, advice or the promotion of self-destructive behavior (e.g., eating disorders, suicide). While you may freely discuss your troubles, you should not look to the Website for information or advice on such topics. Instead, we recommend that you talk in person with a trusted adult that you know or a medical professional.
THE INFORMATION ON THIS WEBSITE IS PROVIDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND IS IN NO WAY INTENDED TO DIAGNOSE, CURE, OR TREAT ANY MEDICAL OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, SERVICE PROVIDER AND ITS THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THIS WEBSITE.
If you believe that any information we are holding on you is incorrect or incomplete, please contact us.