Authorization for Charges and Recurring Payments:
You are hereby voluntarily subscribing to goods, productsand/or services of Well.org and are hereby authorizing us to charge your credit card or debit card, as inputted by you, in the Amount and for the Term (e.g., monthly or annually) you agreed to. At the end of each Term, you authorize the recurring subscription or continuity payments on your credit card in the Amount you authorized on your subscription purchase form.
We may change the fees in effect at our discretion from time to time, but will give you advance notice of these changes via a message to the email address associated with your account prior to renewal.
Payment Methods and Billing Cycle
Depending upon the goods and services you are purchasing monthly and annual billing cycles are available. Depending on what option you choose, your membership will be renewed at the end of each month or at the end of each year. Billing due date information and history will be available [on your account history and billing page].
We accept the following credit card payment methods:
- American Express
- JCB (USD currency only)
- Diners Club (USD currency only)
In addition to the foregoing credit cards, we accept debit and pre-paid cards issued by any of the card networks listed above. We also accept PayPal.
Note: We don’t accept other forms of payment like Bill Me Later or ACH.
Updating Billing Information
You can add, edit, or delete payment information for your purchases by contacting [email protected].
Free Trials & Introductory Offers
If you subscribed to receive goods or services on a free trial or introductory offer basis, you authorize your credit card to be charged at the end of the free trial or introductory Term pursuant to the terms, conditions and price of the offer. The card you used to sign up for a free trial or introductory unless you cancel your subscription one day prior to the auto-renewal.
Unauthorized or Unrecognized Charges
If you see a credit card charge that you don’t recognize but it’s from Well.org, you may take the following steps:
- You can review past charges and print receipts or invoices from your billing history page.
- After reviewing your subscription and payment information, if you feel that you have unauthorized or unrecognized charges, please contact us at [email address] and provide us with your name, address, phone number, account number, date of transaction, amount of transaction, credit number and transaction number and we will investigate your claim.
- We do not offer refunds, but if you have been charged and believe your situation warrants an exception, and our review is in agreement with your assessment, we will credit back the charges.
Canceling Your Subscription and Customer Refund Policy
You can end your subscription at any time, however, we do not provide refunds on any fees or charges due to cancellation, including partially used periods and bank/merchant fees. However, under certain circumstances, such as trial or introductory offers, we will provide refunds within the time frame of the offer.Refunds are not issued after 30 days of purchase. Refunds will are only issued if required by law or if you contact us pursuant to, and fulfill, our cancellation and refund policy:
If you sign up for a free trial and cancel, you won’t be eligible to sign up for another free trial for at least 12 months.
To cancel your Premium subscription:
- Contact [email protected] with the word “Cancel” in the subject line.
Turning off auto-renewal
If you currently have a paid subscription and you want to make sure you’re not charged at the end of your term, you’ll need to turn off your auto-renewal. To do this, please visit [URL] and follow the process below.
- Contact [email protected] with the word “Cancel” in the subject line.
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice or without notice to you if:
- you in breach the Terms of Service
- in our discretion, you use the Services in a manner that would cause a reasonable risk of harm or loss to us or other users, or
- you don’t have a paid and haven’t accessed our services for 12 consecutive months.
Depending upon the circumstances, in our discretion, we may provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.
We may, in our discretion, decide to discontinue offering goods and services in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we discontinue offering the goods and services to which your subscribed before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but for which you haven’t yet received goods or services.
Services “AS IS”
We strive to provide great Services, Products and Goods, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, AND OURAFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, THE RESULTS OR YOUR SATISFACTION. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR OUR, OR OUR AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED. WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, WE AND OUR AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR: (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR (2) ANY LOSS OF USE, DATA, BUSINESS, REPUTATION, EMOTIONAL DISTRESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOTWE OR ANY OF OUR AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, WE AND OUR AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. WE AND OUR AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU’VE PAID UNDER YOUR CURRENT SUBSCRIPTION.
Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us at [[email protected]]. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or we may bring a formal proceeding.
Judicial forum for disputes. You and we agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Orange County, California, subject to the mandatory arbitration provisions below. The parties consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
- We Both Agree To Arbitrate. You and we agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
- Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Orange County (CA), or any other location we agree to.
- Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. We will pay all arbitration fees for individual arbitration for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Neither party will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that a claim is frivolous.
- Exceptions to Agreement to Arbitrate. The parties may assert claims, if they qualify, in small claims court in Orange County (CA). Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Orange County, California to resolve your claim.
- NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
These Terms will be governed by California law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
These Terms constitute the entire agreement between the parties with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
Our failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time to better reflect:
- changes to the law,
- new regulatory requirements, or
- improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.