Terms and Privacy
Effective January 1st, 2008 in the event that you wish to return a product, you may be eligible to obtain a refund for returned products, provided that you comply with the following provisions:
- To return a product, the product must have been purchased directly from Wellosophy Corporation or one of its authorized distributors.
- Returns of products purchased from a healthcare provider, Internet retailer or other sources must be handled by the individual or company from which the product was purchased.
- Products cannot be returned if opened, if the bottle is written on, or if the seal is broken.
- Product must be in resalable condition as determined by Wellosophy, and must meet all criteria for returned goods as stipulated by California Statutes.
- Returnable merchandise must be accompanied by a completed and authorized "Return Merchandise Authorization." These RMA forms are available by contacting Wellosophy Customer Service at 1-877-99-SWELL (79355).
- All returns must be authorized within fourteen (14) calendar days of receipt of merchandise. If merchandise is damaged during shipment or there are discrepancies in your order, please notify Wellosophy within three (3) business days of receipt to obtain a replacement order.
- If notification is not received within three (3) business days of receipt, the order is assumed to be correct and the product was received in usable condition.
- Customers are responsible for the packaging and shipping costs of any product to be returned to Wellosophy.
- Wellosophy is not responsible for: a) the cost of return shipping, or the original shipping charges; b) returned products not received by Wellosophy; c) loss, damage or theft of merchandise during shipping; d) or any expense incurred for returning the product.
- All products must be returned within 30 days of purchase, together with a RMA number, to the location provided by Customer Service.
- Products returned to Wellosophy after 30 days of purchase, damaged products, and/or products returned without an RMA authorization may not qualify for a refund.
- All refunds for web orders will be issued to the credit card account used for the original purchase.
- All returned merchandise is subject to a Twenty Percent (20%) restocking and handling fee.
Cancellation of Orders
Web orders may only be cancelled if the product has not already been shipped. To cancel a web order, please call: Wellosophy Customer Service at 1-877-99-SWELL (79355) and ask for the Returned Merchandise Department.
Personal Identifying Information (PIN)
The Personal Identifying Information (PIN) gathered by Wellosophy on Wellosophy Web sites generally includes, e-mail address, password, zip code, corporate, personal and or professional information, credit card information, banking information, social security numbers (SSN), Employer Identification Numbers (EIN)t along with demographic information which may include but not be limited to your name (and/or a company name), street address, and date of birth, phone numbers, and credit card numbers or other billing information where necessary to contact you or to process your Web site purchases or register Professional Affiliates or other commercially related customers. Wellosophy may also collect information such as household income, job title, personal interests and hobbies. The PIN collected depends on the page you are visiting and the services that you participate in.
Web Site User Registration: User registration is required to access the majority of content, services and features on Wellosophy Web sites. Upon registration, we require you to provide your email address or your username and a password that will allow you to change your PIN as needed. User registration with Wellosophy Web sites is completed and activated upon clicking a link e-mailed to the address provided in registration. At that time you may be given an opportunity to opt-in to e-mail newsletters and alerts and or have e-mail offers sent to you on behalf of Wellosophy, however, you can update your preferences at any later time.
Web Site Sites & Products: Your PIN as well as a telephone number, credit card number or other billing information is generally collected in order to process the purchase of products offered on Wellosophy's Web sites.
Special Circumstances: Wellosophy may disclose and use the information collected where required to do so by law, or where Wellosophy, in good faith, believes the use or disclosure of the information collected is necessary to (1) comply with the law or legal processes; (2) protect and defend Wellosophy's rights and property; (3) protect against misuse or unauthorized use of any Wellosophy Web site; or to (4) protect the personal safety or property of our users or the public. Wellosophy may also use the information collected when, in its sole discretion, it believes necessary or appropriate in connection with a sale or transfer of some or all of Wellosophy's assets in our Web site.
Computer Identifying Information (CIN): The information personal to your computer and your computer use that is automatically collected through the use of electronic tools is referred to as Computer Identifying Information (CIN). The CIN gathered by Wellosophy generally includes cookies, specific Web site page requests, the domain name (e.g., www.Wellosophycorp.com) and Internet Provider (e.g., Comcast, American Online, NetZero) from which you access the Internet, the Internet Protocol address of your computer, the browser software (e.g. Internet Explorer or Netscape) and operating system (e.g., Windows Vista, XP, OS/2 or MacOS) you are using, your geographic location, the time and date you accessed the site, and the Internet address you visited prior to visiting the site.
Cookies and Web Beacons: Cookies are used to store and track information about you. A cookie is a small amount of data that is sent to your browser from Web sites and stored on your computer's hard drive. Cookies are used to deliver targeted advertising based on your behavior and demographics. Cookies may be linked to PIN. In addition, Wellosophy may use web beacons provided by third-party advertising companies to help manage our online advertising. Web beacons enable us to recognize a browser's cookie when a browser visits a Wellosophy Web site, and to learn which banner ads bring users to Wellosophy Web sites. Wellosophy reserves the right to use third party web advertising companies, and may place or recognize a unique cookie on your browser. For more information about cookies, and how to "opt-out," please click here.
Internet Protocol (IP) Address: An IP address is your computer's location on the Internet. Wellosophy Web sites log IP addresses for systems administration and trouble shooting purposes, to gather demographic and other information about you and to link information about a user's computer session to PIN.
Aggregate information: Aggregate information is user information not linked to PIN.
USE OF INFORMATION COLLECTED
In general, Wellosophy uses your PIN and CIN that is collected to administer the Wellosophy Web sites and to provide services you request. When you provide PIN information and access Wellosophy Web sites, you are sharing PIN and CIN with Wellosophy and Wellosophy reserves the right to use and disclose the PIN and CIN it collects. If you do not want to share your PIN, do not provide it. If you do not want to share CIN, do not access Wellosophy Web sites. In addition, Wellosophy may share PIN, CIN and/or aggregate information with third parties such as advertisers and business partners. PIN and CIN may also be used to perform statistical, demographic and marketing analysis of subscribers and their subscribing and purchasing patterns, to target advertisements and to help diagnose problems with our services and our Web sites.
For example, Wellosophy uses may use the PIN and CIN collected to do the following:
Web Site Use & Registration: Wellosophy uses PIN and CIN that is collected to fulfill subscriptions, change addresses, suspend delivery, confirm and process transactions and to contact the user regarding his or her account, new or existing products and services and special offers.
Personalization: Wellosophy uses PIN and CIN that is collected to personalize the content and advertising that users see based on personal characteristics and preferences, enhance products and services and develop new products and services, and share user information with select advertisers or other third parties whose products or services may be of interest to you.
Advertising & Third Parties: Wellosophy may share PIN and CIN that is collected with third parties hired to perform services on our behalf, including, but not limited to, fulfilling subscription requests, sending e-mails and assisting in the provision of the Wellosophy Web sites and services. The ads appearing on Wellosophy Web sites are delivered to you by third party web advertising companies. Information about your visits to this site, such as the number of times you have viewed an ad and other information is used to serve ads to you.
Program & Product Offerings: Wellosophy may use the PIN and CIN that is collected in order to offer you the opportunity to receive information and offers about products or services from our business partners or third parties.
Wellosophy may buy or sell various assets. In the event that Wellosophy sells some or all of its assets, or another company acquires one or more of its Web sites, information on users may be among the transferred assets.
If you do not wish to share your PIN, you always have the option to not provide the information or use the Wellosophy Web sites that require it.
Opting-Out: If you are a current Wellosophy registered Web site user or would like to become one, but do not want your PIN shared with third parties or do not want to receive promotion and/or marketing information about other products, services and offerings from Wellosophy and/or any third parties, please review the following:
Third Party Opt-Out: If, at any time, you do not want us to share your information with third parties who wish to send you information about their products and services, you may opt-out of such messages by going to the "Manage an Account" page and simply unclicking an opt-in box or you may email us at firstname.lastname@example.org or write to us at: Privacy Coordinator, Wellosophy™ Corporation, 2795 E. Bidwell Street, Suite 100-220, Folsom CA, 95630.
If you choose to opt-out via email, please put "THIRD PARTY OPT-OUT" in the subject line, along with the name of the applicable site.
Wellosophy Opt-Out: If, at any time, you do not want to receive information about special offers and new products and features from Wellosophy, you may opt-out of such messages by going to the "Manage an Account" page and simply unclicking an opt-in box or you may e-mail us at Info@wellosophy.com or write to us at: Privacy Coordinator, Wellosophy™ Corporation, 2795 E. Bidwell Street, Suite 100-220, Folsom CA, 95630. Please reference the name of the applicable site.
If you choose to opt-out via email, please put "WELLOSOPHY OPT-OUT" in the subject line.
Review & Update Your PIN: A registered user of Wellosophy Web sites may review and change his or her PIN and/or e-mail preferences by clicking on the Manage Account link after signing in. A registered user may also review and request an update of the PIN and/or e-mail preferences which he or she provided to Wellosophy at any time by e-mailing us at Privacy Coordinator, Wellosophy™ Corporation, 2795 E. Bidwell Street, Suite 100-220, Folsom CA, 95630. Please include the name of the applicable site.
CALIFORNIA PRIVACY RIGHTS
Under California law, California residents may request once a year, free of charge, certain information regarding Wellosophy's disclosure of personal information to third parties for direct marketing purposes. To make such a request, please write to us at: Privacy Coordinator, Wellosophy™ Corporation, 2795 E. Bidwell Street, Suite 100-220, Folsom CA, 95630.
Please include the name and the address to which you would like us to respond, along with the name of the applicable site.
2795 E. Bidwell Street
Folsom CA, 95630
INFORMATION COLLECTED FROM CHILDREN
You may establish a hypertext link to the Sites so long as the link does not state or imply any sponsorship of your site by Wellosophy. However, you may not, without the prior written permission of Wellosophy frame any of the content of the Sites, or incorporate into another website any material from the Sites.
LICENSE TO WELLOSOPHY
DISCLAIMERS AND LIMITATION OF LIABILITY
The Sites include links and pointers to Internet sites, content and services provided by third parties. Wellosophy' linking to any third party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, Wellosophy does not operate or control in any respect any information, products or services that third parties may provide on or through the Sites or on web sites linked to by Wellosophy.
USE OF THE SITES IS AT YOUR OWN RISK. THE MATERIALS, INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITES AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WELLOSOPHY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WELLOSOPHY DOES NOT WARRANT THAT THE SITES OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITES, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE SERVICES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. WELLOSOPHY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR MATERIALS ON THE SITES OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. WELLOSOPHY ASSUMES NO LIABILITY FOR THE CONTENT OF THE SITES, DOES NOT REPRESENT OR WARRANT THAT USE OF THE CONTENT WILL NOT INFRINGE RIGHTS OF THIRD PARTIES AND WELLOSOPHY HAS NO RESPONSIBILITY OR LIABILITY OF ACTIONS OF THIRD PARTIES OR FOR CONTENT PROVIDED BY OTHERS. IN NO EVENT SHALL WELLOSOPHY, ITS AFFILIATES, EMPLOYEES, AGENTS OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY AMOUNT OF DIRECT DAMAGES IN EXCESS OF $100. (Since some states do not allow the exclusion or limitation of certain categories of damages, the above limitation many not apply to you. In such states, the liability of Wellosophy is limited to the fullest extent permitted by such state law.)
The Sites may contain facts, views, opinions, statements and recommendations of third party individuals and organizations. Wellosophy does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information on the Sites and use of or reliance on such advice, opinion, statement or other information is at your own risk.
The Sites are provided for informational purposes only, and are not intended for trading or investing purposes, or for commercial use. The Sites should not be used in any high-risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
Wellosophy may allow you to purchase many different types of products online that may provided by third parties. Wellosophy is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Sites or sites linked to by Wellosophy, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. Wellosophy has no responsibility or liability for these independent practices. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant's home page and click on its information links or contact the merchant directly. You release Wellosophy and its partners, affiliates, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and content providers from any damages that you incur, and agree not to assert any claims against them arising from or relating to your purchase or use of any products or services made available by third parties through Wellosophy.
When you purchase products on or through the Sites, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the merchant of such products or services directly.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Sites. You agree to use the Sites and to purchase products through the Sites for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to Wellosophy or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
USE OF COMPANY DIRECTORIES
The information contained in any company directories that may be provided on the Sites is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed.
Wellosophy may terminate or restrict your use of the Sites or any part of the Sites at any time for any reason without notice. In the event of termination, you are no longer authorized to access the part of the Sites affected by such termination or restriction.