OCTotalWellness.com Web Site Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEB SITE.
General
OC Total Wellness reserves the right to change these Terms of Use at any time without prior notice. Your continued access or use of the OC Total Wellness Web Site (the “Web Site”) after such changes indicates your acceptance of the Terms of Use as modified. It is your responsibility to review the Terms of Use regularly. The Terms of Use were last updated in December 2014. Your use and browsing of the Web Site is at your risk. If you are dissatisfied with any of the materials contained in the Web Site, with the quality of service, or with these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Web Site.
All information, products and prices on the Web Site are subject to change at any time without notice. The display of certain products, services or information on the Web Site at any time does not guarantee that these products or services will be available at all times. There may be times when, despite our efforts, information provided on the Web Site contains typos, errors or inaccuracies. OC Total Wellness does not warrant or represent that the information on the Web Site will be completely free from errors or inaccuracies.
Customer Responsibility
The terms “you,” “your,” “customer,” and “user” may be used interchangeably in these Terms of Use.
In order to utilize certain functionality of the Web Site, you must complete a registration process. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Web Site registration form or other request for information (“Customer Data”) and maintain and promptly update the Customer Data to keep it true, accurate, current, and complete. When completing your registration, you will create a password and user name. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify OC Total Wellness of any unauthorized use of your password or user name or any other breach of security; (b) exit from your account at the end of each session; and (c) defend, indemnify, and hold harmless OC Total Wellness, its affiliates and parent companies from any loss or damage arising from unauthorized use of your password or user name. By registering, you consent to the collection of your data, including but not limited to Customer Data and the processing and transmission of such data by OC Total Wellness in connection with your use of the Web Site. Information that you make publicly available through reviews and comments, chats or other functionalities, including your personally identifiable information, is posted by you voluntarily, at your own risk, is not subject to OC Total Wellness’s Privacy Policy, and is considered Customer Content. Due to the public nature of the Internet, Customer Content posted by you on the Web Site may be accessible by third parties.
All Intellectual Property on the Web Site is Owned or Licensed by OC Total Wellness
The Web Site is owned by OC Total Wellness. All of the content featured or displayed on the Web Site, including, but not limited to, photos, text, video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“OC Total Wellness Content”) is owned or licensed by OC Total Wellness. Advertisements for third-party entities are not considered OC Total Wellness Content. Such advertisements are owned or licensed by third-parties and are subject to protections similar to those set forth in these Terms of Use. OC Total Wellness’s Content is protected by U.S. copyright and trademark law. This means that users are prohibited from reproducing, distributing, modifying, selling or re-posting OC Total Wellness Content without specific written permission from OC Total Wellness. You retain all of your ownership rights in any comments you post or other content you provide to the Web Site (“Customer Content”). By posting or uploading Customer Content, you grant OC Total Wellness, its affiliates, parent companies and licensees a royalty-free, worldwide, perpetual license to display, distribute, reproduce, and create derivative works of the Customer Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed. You also agree that OC Total Wellness may make Customer Content available to users of the Web Site, consistent with these Terms of Use.
Although OC Total Wellness does not routinely monitor Customer Content, OC Total Wellnessreserves the right (but assumes no obligation) to delete, move, or edit any Customer Content that comes to its attention that OC Total Wellness considers in its sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. OC Total Wellness reserves the right to refuse access to the Web Site to any user for any reason in its sole discretion.
OC Total Wellness Does Not Provide Healthcare Advice
The information, products, services, and other content contained on the Web Site are provided for informational purposes only and are not meant to substitute for the advice of your physician or other health care professional. You should not use the information available on or through the Web Site, including, but not limited to, information that may be provided by healthcare, therapeutic, wellness, fitness or nutrition professionals employed or engaged by OC Total Wellness, for diagnosing or treating a health issue or disease, or for prescription of any medication or treatment. You should carefully read all information provided by a manufacturer and all product labels and packaging and speak with your health care provider, before using any medicine or nutritional product. Information and statements on our Web Site about our products have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.
Privacy
Please review our Privacy Policy, which also governs your use and access of the Web Site, to understand our privacy practices.
Reselling
OC Total Wellness sells its products directly to individual consumers and through authorized retailers. By purchasing OC Total Wellness products through the Web Site, you agree and represent that you are buying our products for your own use only and not for resale. Retailers interested in reselling OC Total Wellness products must provide prior written notice to OC Total Wellness 601 Parkcenter Drive, Suite #103 Santa Ana, CA 92705 or at info@octotalwellness.com. OC Total Wellness reserves the right to prohibit reselling by any retailer. Reselling without express written permission of OC Total Wellness is prohibited.
Third Party Links and Linking to the Web Site
OC Total Wellness or third parties may provide links to other sites or resources from the Web Site. OC Total Wellness has no control over third party sites and resources. As such, by accessing and using the Web Site, you acknowledge and agree that OC Total Wellness is not responsible for the availability of external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites or resources. You further acknowledge and agree that OC Total Wellness shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with the use of or reliance on any such linked content, goods or services available on or through any such linked site or resource. Your interactions with companies, organizations and/or individuals found on or through our Web Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that OC Total Wellness, its parent companies and affiliates will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Web Site, or between a user and any third party, OC Total Wellness, its affiliates and parent companies are under no obligation to become involved, and you agree to release OC Total Wellness, its affiliates and parent companies from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute. Creating or maintaining a link from another web site to any page on this Web Site is prohibited, without the express prior written permission of OC Total Wellness.
Shipping
We ship all orders using USPS, unless another option is chosen. We cannot ship to post office boxes. Orders typically leave the OC Total Wellness warehouse within 24 hours of placement. We normally process orders immediately, so we may not be able to cancel or make changes to your order once we receive it. Please call as soon as possible after placing an order if you wish to make any changes. Customers may also get free shipping for purchases over a certain amount, depending on the shipping option selected and the location of the ship-to address. For shipping rates and delivery information call us directly.
During summer and winter months, we take special precautions to ensure products arrive in optimal condition. The risk of loss and title for items purchased by you pass to you upon delivery of the items to the carrier. This means that you are responsible for filing any claims with carriers for damaged and/or lost shipments.
International Access and Exports
The OC Total Wellness Web Site is operated and controlled within the United States of America. The Web Site may be accessible from countries outside the U.S. Our Web Site may contain products or information related to products that are not available outside the U.S. OC Total Wellness makes no representation that our products or services are available for use or access in other countries. Users of this Web Site outside the U.S. act at their own initiative and their own risk and are responsible for complying with all local laws and regulations.
Promotions
OC Total Wellness may offer occasional promotions through its Web Site or through coupons, other deals, or promotions offered on other web sites. Promotions are limited to one per household unless stated otherwise and cannot be combined with any other offer or promotion. OC Total Wellness reserves the right to cancel or refuse any order that it deems in its sole discretion to be an abuse of the promotion or misuse of the promotion where the offer was intended for a specific audience. Promotions are subject to change or discontinuation without notice. We will, however, honor properly placed orders paid for with valid methods of payment or sufficient funds prior to such change or discontinuation.
Customer Service
OC Total Wellness Customer Service representatives are available by phone 1.714.508.9999 or email at info@octotalwellness.com.
Orders, Cancellations, Returns
The prices displayed on the Web Site are in U.S. dollars only and are subject to change from time to time in OC Total Wellness’s sole discretion. Listed prices do not include shipping and handling, sales taxes, duties, insurance, tariffs, or value-added taxes. These items will be added to your total invoiced amount, if applicable. You are responsible for payment of all additional charges that apply.
Payments and Refunds
We currently accept Visa, MasterCard, American Express®, Discover Card, Diners Card, JCB Card for online orders. We also accept PayPal. OC Total Wellness purchases will appear on your credit card statement as “OC Total Wellness“.
With PayPal payment issues, customers should first call OC Total Wellness Customer Service at 1.714.508.9999. Please keep in mind filing a payment dispute may cause delays in returns or refunds.
Refunds will be processed within 5 business days of receipt of returned product. Unless customer returns are shipped independently and postage is paid, a $15 return shipping cost will be deducted from the refund amount.
Disclaimer of Liability
The Web Site is provided for informational purposes only and should not be used as a substitute for advice or treatment by a health care professional. By using or accessing the Web Site, you expressly assume all risk for such use. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEB SITE 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, OC Total Wellness DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OC Total Wellness MAKES NO WARRANTY THAT THE WEB SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEB SITE, INCLUDING BUT NOT LIMITED TO BULLETIN BOARDS, CHAT ROOMS OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OC Total Wellness NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEB SITE OR MATERIALS OR INFORMATION ON THIS WEB SITE OR ON THIRD-PARTY WEB SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL OC Total Wellness, OR OUR AFFILIATES, PARENT COMPANIES, SERVICE PROVIDERS, AND/OR LICENSORS/LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WED SITE, INCLUDING ITS MATERIALS, PRODUCTS, INFORMATION, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, INFORMATION, OR SERVICES MADE AVAILABLE THROUGH THIS WEB SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OC Total Wellness, ITS PARENT COMPANIES, AFFILIATES, SERVICE PROVIDERS, AND/OR LICENSORS/LICENSEES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OC Total Wellness IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEB SITE, OR ANY MATERIALS, PRODUCTS, INFORMATION OR SERVICES ON THE WEB SITE, OR WITH ANY OF THE WEB SITE’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
Choice of Law; Jurisdiction
By accessing and using this Web Site, you agree to abide by all applicable laws and regulations that apply to you. These Terms of Use and your agreement to abide by them shall be governed by and construed in accordance with the laws of the State of California without regard to choice of law rules. You agree to submit to the personal jurisdiction of the state and federal courts of California and further agree that any dispute arising from or relating to the use of the Web Site or these Terms of Use shall be brought exclusively in the federal or state courts of California. You agree that, regardless of any statute or law to the contrary, any claim, dispute or cause of action arising from or relating to your use of the Web Site or these Terms of Use must be filed within one (1) year after such claim, dispute or cause of action arose, or will be forever barred. You further agree to submit any such dispute to a single judge and to waive all rights to a trial by jury.
Miscellaneous
These Terms of Use constitute the entire Agreement between OC Total Wellness and each user of the Web Site with respect to the subject matters herein and supersedes any and all prior agreements, understandings, representations and warranties with respect to the subject matter herein. If any provision of these Terms of Use shall be deemed unlawful, void or unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected and shall be given full force and effect. OC Total Wellness’s failure to insist upon strict adherence to any of these Terms of Use shall not constitute a waiver or limit OC Total Wellness’s right to insist on strict adherence at a later date.
The terms contained on this page apply to all interaction you may have with OC Total Wellness through this website, email, phone, in-person or any other interaction with our company and it’s content worldwide.
Contact Us
You can reach us at info@octotalwellness.com. Our address is: 601 Parkcenter Drive, Suite #103 Santa Ana, CA 92705.