PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
We are not responsible for the accuracy of the descriptions posted on our website, nor are we responsible for typographical, pricing, product information, advertising or shipping errors.
In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.
All trademarks and registered trademarks relating to products available through our site are the sole property of their respective owners.
Our responsibility for defects relating to the products available on our site is limited to the procedures described in our return policy set forth below. ALL PRODUCTS AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS WILL MEET YOUR EXPECTATIONS.
WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS THAT ARE NOT AVAILABLE FOR USE. IN NO EVENT SHALL 212 WELLNESS OR ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NO EMPLOYEE OR REPRESENTATIVE OF 212 WELLNESS IS AUTHORIZED TO MODIFY THIS LIMITATION.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS.
To the fullest extent permitted by law, you agree to indemnify, hold harmless, and defend 212° WELLNESS, its affiliates, parents, and subsidiaries, and their respective agents, officers, directors, employees, partners, consultants, independent contractors, successors and assigns against any and all loss, claim of loss, injury, costs and damages arising from (i) your purchase, display, or use of products (except where such claims relate to breach of any warranties provided by 212° WELLNESS), (ii) your breach of the terms hereof, or (iii) your or your representatives’ gross negligence or willful misconduct.
We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Notice.
At any time, you may update your customer account information by following the instructions posted elsewhere on this site. Here, you may update your name, password, billing address, shipping address, e-mail address, and telephone number.
In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
Governing Law and Statute of Limitations
This site (excluding linked sites) is controlled by us from our offices within the State of Colorado, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Colorado, by accessing this site both of us agree that the statutes and laws of the State of Colorado, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products available through this site.
Any cause of action brought by you against us or our affiliates must be instituted with one (1) year after the cause of action arises or be deemed forever waived and barred.
We make no representation that the products available through our site are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER 212° WELLNESS SERVICES OR WEBSITES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.
To access this website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this website that all the information you provide on this website will be correct, current, and complete. If 212° WELLNESS believes the information you provide is not correct, current, or complete, 212° WELLNESS has the right to refuse you access to this website or any of its resources, and to terminate or suspend your access at any time.
If you are under 18, you may use this website only with the involvement of a parent or guardian.
Certain areas of this website are restricted from access by you and 212° WELLNESS may further restrict access by you to any areas of this website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this website are confidential and you must maintain confidentiality of such information.
212° WELLNESS’s website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this website for any other purpose, including any commercial purpose, without 212° WELLNESS’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to 212° WELLNESS’s websites.
Trademarks, service marks, logos, and copyrighted works appearing on this website are the property of 212° WELLNESS or the party that provided the trademarks, services marks, logos, and copyrighted works to 212° WELLNESS. 212° WELLNESS and any party that provided trademarks, service marks, logos, and copyrighted works to 212° WELLNESS retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this website.
All contents of 212° WELLNESS’s websites are: Copyright © 2021. All rights reserved.
This website may be hyper-linked to other websites which are not maintained by, or related to, 212° WELLNESS. Hyper-links to such websites are provided as a service to users and are not sponsored by or affiliated with this website or 212° WELLNESS. 212° WELLNESS has not reviewed any or all of such websites and is not responsible for the content of those websites. 212° WELLNESS is not responsible for webcasting or any other form of transmission received from any hyper-linked website. Hyper-links are to be accessed at the user’s own risk, and 212° WELLNESS makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the websites hyper-linked to this website. 212° WELLNESS provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party website does not necessarily imply endorsement by 212° WELLNESS of that website or any association with its operators.
212° WELLNESS’s websites may contain product reviews, profiles, bulletin board services, chat areas, message boards, communities, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.
Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this website any material that:
i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
ii) advocates illegal activity or discusses an intent to commit an illegal act;
iii) is vulgar, obscene, pornographic, or indecent;
iv) does not pertain directly to this website;
v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
viii) violates any law or may be considered to violate any law;
ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this website;
xii) solicits funds, advertisers or sponsors;
xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this website;
xv) includes MP3 format files;
xvi) amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this website or any networks connected to this website; or
xviii) contains hyper-links to other websites that contain content that falls within the descriptions set forth above.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither 212° WELLNESS nor any third party that provides content to 212° WELLNESS will assume or have any liability for any action or inaction by 212° WELLNESS or such third party with respect to any submission. 212° WELLNESS cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. 212° WELLNESS does not control or endorse the content, messages or information found in any Communication Service and, consequently, 212° WELLNESS specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized 212° WELLNESS spokespersons, and their views do not necessarily reflect those of 212° WELLNESS.
You hereby grant to 212° WELLNESS the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to 212° WELLNESS through this website (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. 212° WELLNESS will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future 212° WELLNESS operations.
212° WELLNESS will treat any personal information that you submit through this website in accordance with its Privacy Notice.
You understand that 212° WELLNESS cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for any reconstruction of any lost data. 212° WELLNESS does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by 212° WELLNESS.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. 212° WELLNESS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. 212° WELLNESS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 212° WELLNESS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND 212° WELLNESS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT 212° WELLNESS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. 212° WELLNESS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information on this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and 212° WELLNESS does not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer accurate or complete.
212° WELLNESS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF 212° WELLNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF 212° WELLNESS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO 212° WELLNESS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
212° WELLNESS reserves the right, in its sole discretion, to terminate your access to any or all of 212° WELLNESS’s websites and the related services or any portion thereof at any time, without notice.
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS AND COMPLAINTS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND 212° WELLNESS ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 212° WELLNESS’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying 212° WELLNESS and its affiliates that your copyrighted material has been infringed.
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed upon;
(3) A description of where the material that you claim is infringing is located on the website, including the auction ID number, if applicable;
(4) Your address, telephone number, and e-mail address;
(5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
(6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
212° WELLNESS’s Copyright Agent for notice of claims of copyright infringement on its website can be reached as follows:
2038 Vermont Dr., Suite 207
Fort Collins, CO
Hours: Monday-Friday 9-5
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If you become aware of any unauthorized use of your password or of your account, you agree to notify 212° WELLNESS immediately. 212° WELLNESS and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any passwords used for this website are for individual use only. You will be responsible for the security of your password. 212° WELLNESS will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that 212° WELLNESS considers insecure, 212° WELLNESS will be entitled to require the password to be changed and/or terminate your account.
This Agreement, the Terms and Conditions of Sale, and the Privacy Notice constitute the entire agreement between you and 212° WELLNESS pertaining to the subject matter of this Agreement. In its sole discretion, 212° WELLNESS may modify this Agreement by posting the revised version on this website and you agree that each visit by you to this website is a new transaction governed by the agreement on this website at that time.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and 212° WELLNESS as a result of this Agreement or use of 212° WELLNESS’s websites. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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