Terms and Conditions of Use
Revised: 10/31/2015
Welcome to ChooseWelltoLiveWell.com, a website owned and operated by BK Wellness Enterprises LLC, with its principal offices located at
100 Richards Ave
APT 405
Norwalk, CT 06854
, and referred to in these Terms and Conditions of Use as the “Provider” or “us” or “we” or “our.” The term “you” or “your” refers to any and all users or viewers of our website (“Site”). By using this Site, you are agreeing to comply with and be bound by the following Terms and Conditions of Use (“Terms”), which together with our Privacy Policy govern the relationship between you and us, the Provider of the Site. If you do not agree to these Terms, then you are not permitted to use the Site.
We may revise the content of these terms and conditions of use at any time. By using this Site after a change, you agree to follow and be bound by all changes. The date of the current version of these terms and conditions of use is shown in the top, left corner of this document. Please visit this page periodically to familiarize yourself with the current terms and conditions of use. Should you have any questions concerning any of our policies, please contact us.
Each and every time you use this Site you agree to be subject to and bound by the following Terms and Conditions of use:
- You agree to be bound by the terms found in our Privacy Policy and Release Agreement which can be accessed by the following click here for the privacy policy and click here for the release agreement.
- There is no charge to view the website. You may access member only areas of the Site by purchasing a subscription. You may also purchase some other content. Within 30 days of purchase, we will gladly refund your purchase. To request a refund, please send an email through this link within 30 days of purchase. We’ll notify you via e-mail of your refund once we’ve received and processed your request. You can expect a refund in the same form of payment originally used for purchase within 7 to 14 business days.
- All content contained on or obtained through the Site is provided as a service to you for your noncommercial, personal use on an “as is, as available” basis and is subject to change without notice. You acknowledge that you are using the Content at your own risk. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements. (See specific waivers and limitation later in these Terms).The Content provided through the Site should be used for informational, guidance, and educational purposes only. No advice or information given by us or any other party on the Site shall create any warranty or liability. None of the content is intended to be a substitute for professional advice. Always seek the advice of a relevant professional with any questions about any health, legal, financial or other decision you are seeking to make.We assume no responsibility for errors or omissions in the Content. We make no commitment to update the information contained on the Site. Furthermore, We make no, and expressly disclaim any and all, representations or warranties, express or implied, regarding the Content, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Site, or that use of the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
- The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Provider and other third parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Sites on the World Wide Web without the written permission of Provider or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Unauthorized use of the Provider Site may give rise to a claim for damages and/or be a criminal offense.
- If you believe that any content posted on the Site infringes your copyright or other intellectual-property rights, you may notify us by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to our Copyright Agent:
Attention:DMCA
100 Richards Ave
APT 405
Norwalk, CT 06854 - This Site provides links to other Sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). Provider has no discretion to alter, update, or control the content on a linked Site. The fact that Provider has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked Site.
- Provider does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Site by any party other than Provider, (b) any content provided on linked Sites or (c) the capabilities or reliability of any product or service obtained from a linked Site. Other than as required under applicable consumer protection law, under no circumstance will Provider be liable for any loss or damage caused by your reliance on information obtained through the Site or a linked Site, or your reliance on any product or service obtained from a linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content. All content, products and services obtained from a Site to which the Site is linked (a “linked Site”) are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.The information, software, products and descriptions of services published on the Site or a linked Site may include inaccuracies or typographical errors, and Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Site is complete or up-to-date. Provider is under no obligation to update the content on the Site. Provider may change the content on the Site at any time without notice. Provider may make improvements or changes to the Site at any time.See specific waivers and limitations of warranty and liability below.
- ALL CONTENT, PRODUCTS AND SERVICES ON THE SITE, OR OBTAINED FROM A SITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF QUALITY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO SUCH GOODS, INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT YOU HAVE NOT BEEN INDUCED BY ANY STATEMENTS OR REPRESENTATIONS OF ANY PERSON OR ENTITY WITH RESPECT TO THE QUALITY OR CONDITION OF THE GOODS AND/OR SERVICES AND THAT NO SUCH STATEMENTS OR REPRESENTATIONS HAVE BEEN MADE. YOU ACKNOWLEDGE THAT YOU HAVE RELIED SOLELY ON THE INVESTIGATIONS, EXAMINATIONS, AND OTHER DUE DILIGENCE THAT YOU HAVE CHOSEN TO MAKE AND THAT THE WE HAVE AFFORDED YOU WITH THE OPPORTUNITY FOR FULL AND COMPLETE INVESTIGATIONS, EXAMINATIONS, AND OTHER DUE DILIGENCE.
- Except as prohibited by law, if there is liability found on our part, you agree that it will be limited to the amount paid for the products and/or services purchased through the Site, and under no circumstances will there be consequential, punitive, or any other kind of exemplary damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. You may have other rights that vary from state to state.For Jurisdictions that do not allow us to limit our liability:Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in jurisdictions where it is not legally permitted, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING MAY APPLY:CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
- You agree that Provider, Its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the Site or a linked Site, or with the delay or inability to use the Site or a lined Site, even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Site.
- It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify Provider of any unauthorized uses of your user name and password or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
- Your use of the Site and any dispute arising out of such use of the Site is subject to the laws of the State of Connecticut, United States of America and applicable federal law without regard to conflicts of laws principles. You agree to submit to the jurisdiction of the state and federal courts located in Fairfield County, Connecticut, or, if none, the state or federal court located within the state of Connecticut which is in closest geographical proximity to Norwalk, Connecticut.