Updated on August 7, 2023

INTRODUCTION

Welcome to Melina's website (the "Website") by Brighter Being Wellness LLC (the "Company"). The following terms and conditions, along with any documents they expressly incorporate by reference (collectively, these "Terms"), govern your access to and use of our Website and services (collectively, "Services"). Please read these Terms carefully before you start using our Services.

ACCEPTANCE OF TERMS AND CONDITIONS

Company reserves the right to update or modify the Website, our policies, and these Terms of Service at any time without prior notice. Your ongoing use of our Website or any purchased product or service signifies your acceptance of any changes to these terms.

For clarity within these terms, we define "Content" as any text, graphics, images, music, software, audio, video, works of authorship, or other materials that are made available through our Services or the Website. "User Content" refers to any Content that you or other users make available through our Services or the Website. This includes all types of Content, without exception. Any information you submit on the Website is governed by these terms.

Please note that the Company does not endorse or take responsibility for the accuracy or reliability of any opinions or statements on the Website, nor for any offensive, defamatory, or obscene posts made by users. We will not be held liable for any loss or damage resulting from your reliance on information obtained through the Content on the Website. It's your responsibility to assess the accuracy, completeness, and utility of any information, opinion, or other content available through the Website. We encourage you to seek professional advice as needed for the evaluation of any specific information, opinion, or other content, including but not limited to financial, health, or lifestyle information or content.

LIMITED RIGHT TO USE

When you view, print, or download any Content, graphics, forms, or documents from the Website, you're granted a limited, non-exclusive license. This license is meant solely for your personal and non-commercial use. You're prohibited from modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any information obtained from our Website.

Any illegal or unauthorized uses of the Website, such as collecting usernames and/or email addresses of users for unsolicited commercial emails, using any information retrieval system to reproduce any of the Website's Content for non-personal use, or unauthorized framing or linking to the Website, are strictly forbidden. Violations will be investigated and may result in legal action, including civil, criminal, or injunctive remedies.

WARRANTY DISCLAIMER

All materials provided on the Website are available on an "as is" basis, without any warranties of any kind, whether explicit or implied. As far as the law permits, we disavow all warranties, both express and implied, including but not limited to warranties of merchantability, fitness for a specific purpose, or any infringements of rights.

We do not take on any liability or responsibility for errors or omissions in the content of the Services or the Website, the correction of defects, or the assurance that the Company's Website or the servers hosting such materials are devoid of viruses or other damaging components. We also do not accept liability for any failures, delays, malfunctions, or interruptions in the delivery of any Content on the Website, any losses or damages resulting from the usage of the Website's content, or any actions by users of the Website, whether online or offline.

We will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

We do not provide any assurances or make any statements about the use or the outcome of the use of the materials on any Services or Websites in relation to their correctness, accuracy, reliability, or otherwise. You are responsible for all necessary servicing, repair, or corrections, bearing all related costs.

USER GENERATED CONTENT

Our Website might ask you to engage in various activities such as chat rooms, blogs, discussion boards, and other similar features. In these areas, you might have the chance to create and share content including but not limited to text, videos, photos, comments, suggestions, personal information, or other materials (collectively, user generated content or "UGC"). This UGC could be visible to other users of the Website and possibly through third-party websites. Consequently, any UGC you share may be regarded as non-confidential and non-proprietary.

When you post your UGC on any part of the Website or App, you grant us a broad, unlimited, irrevocable, ongoing, royalty-free, transferable, worldwide license to use, copy, distribute, publicize, and transform such UGC (this includes your image and voice) for any purpose, commercial or otherwise. This license includes the right to create derivative works from your UGC. The use and distribution can occur through any media, in any format, and via any channels.

This license is applicable to any medium or technology, current or future. It includes the use of any names, trademarks, logos, and images you provide. You relinquish any 'moral rights' in your UGC, assuring that such rights have not been claimed elsewhere in your UGC.

While we have the right to use your UGC, we do not claim any ownership over it. You maintain ownership of all your UGC and any intellectual property or other proprietary rights related to your Content. We are not liable for any statements or representations in your UGC provided by you on the Website. You bear sole responsibility for your UGC on the Website and you expressly agree to indemnify us from any responsibility and to refrain from any legal action against us regarding your UGC.

We reserve the right, at our sole discretion, to modify, redact, or change any UGC; to reassign any UGC to more suitable locations on the Website; and to review or remove any UGC at any time and for any reason, without any notice. We are not obligated to monitor your UGC.

LIMITATION OF LIABILITY

At no point, whether due to negligence or any other reason, will the Company, including its officers, directors, employees, or agents, be held responsible (either individually or collectively) for any damages of any sort, including but not limited to, direct, indirect, special, incidental or consequential damages. These damages may include, but are not limited to, loss of use, data, or profit, under any legal theory, resulting from or related to your use of or inability to use the materials provided on our site. This remains true even if the Company or any of its representatives have been notified about the potential for such damages. Certain jurisdictions do not permit the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion might not apply to you. If any part of this clause is found to be unenforceable by a competent authority, then the Company's liability will be limited to the greatest extent permissible under the law.

EXTERNAL LINKS

Our Website may contain links to third-party websites or resources, which are not under the control or direct affiliation of our Company. Please be aware that we do not review these external sites, nor are we accountable for the accuracy, content, privacy policies, or availability of information on these sites that are linked to or from our site. We cannot guarantee your satisfaction with any products or services that you purchase from a third-party site linked to or from our sites or any third-party content on our sites. We do not endorse any products or services found on these sites, and we have not verified the accuracy or reliability of any information on these third-party sites. We make no assurances regarding the security of any information (including, but not limited to, credit card and personal information) you may be asked to provide on these sites.

By using our site, you agree not to hold our Company accountable for any issues that may arise from your use of these third-party sites. We strongly advise you to conduct your own research and due diligence before engaging in any online or offline transaction with these third parties. Neither our Company nor its affiliates, employees, directors, officers, or agents shall bear responsibility for any damages, including direct, indirect, incidental, consequential, or punitive damages, resulting from your use of third-party materials or websites linked to our site. Framing of our Website to include any form of sponsorship, advertising, or other commercial text or graphics is strictly prohibited. Deep linking to the internal pages of our Website is strictly forbidden without the prior written consent from our Company.

YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Company and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

PRODUCT SPECIFICATIONS AND INFORMATION

We strive to represent our products on the Website with utmost accuracy, detailing the colors, features, specifications, and other relevant aspects as accurately as possible. However, we cannot assure that these representations will be exact, comprehensive, reliable, current, or devoid of errors, and the actual product colors and details may not match perfectly with their representation on your electronic display. All our products are subject to availability and we cannot assure constant stock availability. We retain the right to cease the availability of any product at any given time, for any reason, and prices for all products are subject to change.

Please note that the Website may contain typographical errors, inaccuracies, or omissions in the information, which can include product descriptions, pricing, availability, and other relevant details. We reserve the right to rectify any such errors, inaccuracies, or omissions, as well as to update or change the information on the Website at any time, without prior notification.

PURCHASES AND PAYMENT

By making purchases through the Website, you commit to providing up-to-date, complete, and precise purchase and account information. You also agree to promptly update account and payment details, including email address, payment method, and card expiration date, enabling us to execute your transactions and communicate with you when necessary. We reserve the right to apply sales tax to the price of purchases as we see fit, and to alter prices at any given time. All transactions will be conducted in U.S. dollars.

You agree to cover all costs at the prices prevailing at the time of your purchase, along with any applicable shipping charges. You authorize us to bill these amounts to your chosen payment provider upon order placement. If your order involves recurring charges, you give consent to us charging your payment method on a recurring basis, without the need for your approval for each recurring charge, until you cancel the relevant order. We retain the right to amend any pricing errors or discrepancies, even if payment has already been requested or received.

We hold the right to reject any order made through the Website. At our sole discretion, we may limit or cancel quantities bought per individual, per household, or per order. These restrictions could apply to orders placed by or under the same customer account, utilizing the same payment method, and/or orders that use the same billing or shipping address. We hold the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors.

RETURN POLICY

Please review our Return Policy posted on the Website prior to making any purchases. By making a purchase, you agree to be bound to the published Return Policy on the Website.

INDEMNITY

You agree to defend, indemnify, and hold harmless Company, its officers, directors, employees, and agents, from and (i) against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the Website or (ii) your breach of these Terms or (iii) your infringement of any intellectual property or privacy right of any person. Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.

ARBITRATION AND GOVERNING LAW

Any dispute or claim resulting from or relating to this agreement, or any violation thereof, will be resolved through binding arbitration overseen by the American Arbitration Association, in accordance with its Commercial Arbitration Rules. The arbitration hearing will occur in Bexar County, Texas, before a single arbitrator. Any court with jurisdiction may enter judgment on the arbitrator's award.

Moreover, you agree that any issues or disputes arising from or related to your usage of our site, intellectual property, these Terms, or any matter involving the Company will be governed by the laws of the United States in the state of Texas, Bexar County. If any court with competent jurisdiction deems any provision of these Terms to be invalid, this will not affect the validity of the remaining provisions, which will continue to be fully enforceable.

By utilizing the site, you commit to complying with all relevant laws and regulations of the United States. The material provided on the Website is protected by laws including, but not limited to, United States copyright and trademark law and international treaties. The Company does not claim that the contents of the Website are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to access the Services or Website from locations outside the United States do so on their own accord and are responsible for adhering to applicable local laws.

INTELLECTUAL PROPERTY RIGHTS

The complete contents of this website, encompassing but not restricted to, written material, images, illustrations, graphics, product names, designs, logos, along with the aggregation and organization of all content (collectively referred to as "the Intellectual Property"), are shielded by copyright, trademark, and other laws of the United States, as well as international agreements and laws of other countries. The Intellectual Property is the sole possession of the Company. It's essential to acknowledge that this Agreement does not grant any entitlement or right to use any trademark or service mark of the Company or its affiliated vendors, unless you have first obtained the prior written approval from the Company, which the Company may provide or deny at its sole discretion.

COPYRIGHT

The copyright in all materials present on the Website is the property of the Company or its affiliate(s). Except for the following exception, no material from the Website can be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Company. Visitors to the Website are only permitted to view, copy, print, and download materials from the Website for personal, non-commercial use, given these materials are used for informational purposes, and all copies or parts thereof include this copyright notice. We reserve the right to revoke any of these permissions at any time. Upon termination of any rights granted herein, you are required to immediately dispose of any downloaded and printed materials. Unauthorized use of any material present on the Website may infringe copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes.

USER REPRESENTATIONS

When you engage with the Website, you affirm and guarantee that: (1) all information you provide during registration is accurate, up-to-date, complete, and truthful; (2) you will continually update such information to ensure its accuracy; (3) you possess the legal capacity to adhere to these Terms; (4) you are not a minor according to the laws of your place of residence, or if you are a minor, you have obtained permission from your parents or guardians to use this Website; (5) you will not access the Website through automated or non-human methods, such as bots, scripts, or otherwise; (6) you will refrain from using the Website for any illegal or unauthorized activities; and (7) your usage of the Website will not contravene any relevant laws or regulations. Moreover, you accept that you will indemnify us, along with our officers, directors, employees, and agents, according to the indemnity stipulations in these Terms, in the event of a breach of any of these assurances and warranties. If you provide information that is false, incorrect, outdated, or incomplete, we reserve the right to suspend or terminate your account, refuse any current or future usage of the Website (or any part thereof), and take legal action against you.

SERVICE TERMINATION

Company holds the right to discontinue your access to the Website or any of its services if it concludes that you are in violation of these Terms, you provide incorrect, incomplete, or false information during our registration process, or if you partake in any actions that could potentially damage any of the Company’s rights or interests in its site, services, or other property, or for any other reason or no reason at all, without any prior notice to you. Following termination, you must stop using the Services and Website and delete all materials obtained from the Website and all copies thereof, whether created under these Terms or otherwise.

DIGITAL COMMUNICATIONS, TRANSACTIONS, AND AUTHENTICATION

Accessing the Website, sending us emails, and filling out online forms are all forms of digital communications. You consent to receive digital communications, and you agree that all contracts, notices, disclosures, and other communications we provide to you digitally, via email and on the Website, meet any legal requirement that such communication be in writing. YOU CONSENT TO THE USE OF DIGITAL SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE DIGITAL DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE Website. You hereby relinquish any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which mandate an original signature or delivery or preservation of non-digital records, or to payments or the granting of credits through any method other than digital means.

COPYRIGHT INFRINGEMENT

We hold a deep respect for the intellectual property rights of others. If you come across any material on our Website that you believe infringes on a copyright that you hold or manage, we urge you to notify us at once using the contact details shared below (termed as "Notification"). A copy of your Notification will be forwarded to the person who has posted or stored the material addressed in your Notification. Please be mindful that, in accordance with relevant laws, you might be held responsible for damages if you make substantial misrepresentations in a Notification. If you're uncertain that the material located on or linked to our Website infringes your copyright, consult with an attorney first.

LEGAL DISCLAIMER

The content available on this website is intended solely for informational purposes and must not be interpreted as medical guidance. Please thoroughly read the label before using any of our products and ensure you follow all instructions.

The statements made by our Company have not undergone assessment by the Food and Drug Administration. Nutritional supplements do not require evaluation or testing by the FDA. These products are not designed to diagnose, treat, cure or prevent any illness or disease. Always consult with a medical professional for diagnosis or treatment. Use products as directed and be vigilant for any possible allergic reactions.

The details shared on this website are not intended to diagnose any disease or condition or prescribe any treatment. If any individual chooses to use the information available on this website without the approval of a licensed psychologist, medical doctor, psychiatrist or a suitable professional healthcare provider, they will be self-diagnosing.

The author, publisher or distributors of this information do not assume any responsibility if the information is used in lieu of a licensed psychologist, medical doctor, psychiatrist or other suitable professional health care provider's services. No guarantees of any kind are made for the performance or effectiveness of the preparations mentioned on this website.

This information has not been assessed by the US Food and Drug Administration, nor has it been subjected to the strict double-blind studies necessary before a particular product can be confirmed as truly beneficial or potentially harmful and prescribed in the treatment of any condition or disease.

Company is not responsible for any misuse of our products. The recommended dosages are based off standards and Company does not guarantee a lack of side effects or interactions even below the recommended dosages. By consuming our products you are taking full liability for your body and actions. Any dietary supplement(s) or research chemical(s) you purchase from Company and apply or use, you do so at your own risk.

 In no case shall Company, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our products, or for any other claim related in any way to your use of our products, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of our products.

SEVERABILITY AND ENTIRE AGREEMENT

Should a court deem any part of this Agreement invalid, the remainder of this Agreement shall still remain effective. This Agreement represents the comprehensive agreement between you and the Company pertaining to the Website, superseding any previous written or verbal agreements that may have existed between us. Your rights or obligations under this Agreement cannot be transferred or assigned to another party without our written consent. Our decision not to enforce a provision of this Agreement does not relinquish our right to enforce the same provision in the future. The headings included in this Agreement are solely for informational purposes and do not constitute enforceable provisions of this Agreement.

CONTACT INFORMATION

In order to receive further information regarding use of the Website, please contact us at:

hello@joinmelina.com

COPYRIGHT 2023 BRIGHTER BEING WELLNESS, LLC, ALL RIGHTS RESERVED
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