As of December 12, 2021
These General Terms and Conditions (“Terms”) are entered into by and between you and Feel Good Shop, Inc. (“Feel Good Shop,” the “Company”, “we,” “us,” or “our”). The Terms govern the relationship between Feel Good Shop and you, our site visitor (“you” or “your”), with respect to your use of the Internet site located at www.TheFeelGood.Shop (the “Site”), the Feel Good Shop mobile application (the “App” or “Application”) and/or your purchase of any of our Internet Services from the Site (the “Services”). By visiting, using the Site, the App or for accessing the Services, including without limitation to (i) accessing, using and/or downloading Information, (ii) sending messages, information, data, text, software or images, or other Information to the Site or the App, or (iii) otherwise using, accessing or purchasing any Services, you agree to accept and abide by these Terms regardless of how you access or use the Site and/or the Service, whether via personal computers, mobile devices or otherwise. In consideration of your use of and access to the Site and/or the Services (and the promises and obligations herein, and intending to be legally bound), you and Feel Good Shop hereby agree as follows: Your access to and use of the Site and/or the Services is subject to these Terms, as well as any modifications issued by Feel Good Shop to these Terms, and all applicable laws and regulations. BY USING THE SITE AND/OR THE SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Site and/or the Services. Among other things, Feel Good Shop provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. The information available on or through use of the Site or the Services, including but not limited to data, text, articles, content, software, images, graphics, photographs, audio and video clips, links and references and other materials (collectively, the “Information”) is provided for informational purposes only. The Information is not intended to be a substitute for professional medical advice, diagnosis, cure or treatment. Feel Good Shop does not recommend or endorse any specific physicians, products, tests, procedures, opinions or other information that may be mentioned on the Site and/or the Services.
Always seek the advice of a qualified medical professional with any questions you may have regarding your condition, if any. Do not disregard professional medical advice or delay in seeking it because of Information on the Site and/or the Services. Reliance on any Information is solely at your own risk.
2. Privacy Statement
3. Changes in Terms
Feel Good Shop shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site and/or the Services. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to, (i) posting the revised or additional terms and conditions on the Site and the App, (ii) by sending you an e-mail communication to the last e-mail address you provided to us, and/or (iii) by requiring you to check a box indicating your assent to the updated terms. You are responsible for reviewing the Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Feel Good Shop to these Terms. ANY ACCESS OR USE OF THE SITE AND/OR THE SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than by Feel Good Shop shall be valid or enforceable against Feel Good Shop unless expressly agreed to by Feel Good Shop in a writing signed by a duly authorized officer of Feel Good Shop.
The Sites and Services are intended solely and only available to individuals who are at least twenty-one (21) years of age, who can willingly and knowingly enter into legally binding contracts under applicable law. Please note that certain of the products offered through the Sites and Services require you to be at least twenty-one (21) years of age to access and use such Sites and Services. Please check the applicable Additional Terms for such Sites and Services for further information. Without limiting the foregoing, the Sites and Services are not available to minors or suspended members or users. Further, your account and user ID for any of the Sites or Services may not be transferred or sold to another party. If you are registering as a business entity, you further represent that you have the authority to bind the business to these Terms and any other related or pertinent agreements. If you do not have such authority, you will be held individually liable for all actions taken under your user ID. You further represent that any party you invite to participate in any of the Services or related functions with you is also of legal age as described above.
Our Sites, Products and Services may contain regulated products, which may include minimum purchasing and usage age requirements. An age verification check may occur during the registration process in order to confirm that you are of legal purchasing age and we may use your provided information to conduct age-verification for your purchases and may deny or cancel your purchases due to such regulations. Only persons of legal purchasing age and that have been age verified can purchase, access, or use the Sites and/or Services.
5.1 These Terms are effective until terminated by Feel Good Shop. Feel Good Shop may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Site and/or the Services and the restrictions imposed on you with respect to the Content, the Materials, the disclaimers, indemnities, limitations of liabilities, and the Binding Arbitration Clause (Section 19.2) set forth in these Terms shall survive termination. Feel Good Shop shall also have the right without notice and at any time to terminate the Site and/or the Services or any portion thereof, or any products or services offered through Feel Good Shop, Site and/or the Services, or to terminate any individual’s right to access or use the Site and/or the Services or any portion thereof.
5.2 You may terminate your account at any time by sending an e-mail to info@TheFeelGood.Shop with the subject line, “Terminate Account.” Your account will terminate upon the date the correspondence is received by Feel Good Shop.
5.3 You may always cancel or modify marketing communications you receive from us by following the instructions contained within our promotional e-mails or in some cases by logging into your User Account and changing your communication preferences. This will not affect subsequent subscriptions, and if your opt-out preferences are limited to certain types of e-mails, the opt-out will be so limited. Subsequent or different subscriptions will remain unaffected.
The text, images, photographs, graphics, logos, illustrations, descriptions, visual interfaces, interactive features, graphics, designs, data, computer code, software, aggregate user review ratings and other material provided on the Site and/or the Services, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.” All Content is owned by the Company. The Content may contain errors, omissions, or typographical errors or may be out of date. Feel Good Shop may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Feel Good Shop in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyright, trademark, common law and other proprietary rights that are owned by Feel Good Shop or by third parties that have licensed their use to Feel Good Shop. You may view and use the Content only for your personal information and for no other purpose. You must retain all trademark, copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the Terms and shall remain the property of Feel Good Shop and/or its licensors and/or suppliers. Except as provided in the foregoing, Feel Good Shop does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site and/or the Services, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Feel Good Shop, is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site and/or any Services or Information. Nothing contained on the Site and/or the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Feel Good Shop and/or its licensors’, suppliers’ or third party owners of trademarks or copyrights without the express written permission of Feel Good Shop, our licensors or suppliers, or the third party owner of any such trademark and/or copyright. Use of Content is strictly prohibited unless authorized in writing by Feel Good Shop and requests for permission should be directed to info@TheFeelGood.Shop. The Site and the Information is the property of Feel Good Shop and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All other company and product names and logos are trademarks or registered trademarks of their respective owners.
7. Creating An Account
By creating a User Profile, you agree that:
- You will not register a username (or email address) that (a) is already being used by someone else; (b) may impersonate another person: (c) belongs to another person; (d) violates the intellectual property or other right of any person or entity; or (d) is offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion;
- You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity;
- You are solely responsible for maintaining the confidentiality of your password and for restricting access to your account so that others may not access any password protected portion of the Sites or Services using your name, username, or password;
- You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security;
- You will not post libelous content or create false or misleading reviews or posts; and
- You will not sell, transfer, or assign your account or any account rights.
The Company is not liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, offensive, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account, User Profile and access to and use of the Sites and Services, at our sole discretion and without advance notice or liability.
Your User Profile cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests or other promotions absent our prior written consent. We may offer you the ability to set preferences relating to your User Profile, but changes to your settings may not become effective immediately or be error free, and options may change from time-to-time. The Company assumes no responsibility or liability for any issues, problems or Content on your User Profile.
7.2 User Profiles may only be set up by an authorized representative of the individual or business that is the subject of the User Profile. The Company does not review each User Profile to determine if they were created by an appropriate party. In addition, The Company is not responsible for any unauthorized User Profiles that may appear on the Sites and/or Services. If you believe that a User Profile listed on one of the or Sites is unauthorized, fake, fraudulent or otherwise improper or misleading, please send an email
7.3 You agree not to transfer or resell your use of or access to the Site and/or the Services to any third party, that it is a violation of these Terms to sell or divert in any way the medication received to any other person and/or entity, and you hereby represent and warrant that you will not engage in any such activities; otherwise, Feel Good Shop may immediately terminate your access and use of the Site and/or the Services in the event it suspects you are violating this provision. If you have reason to believe that your account with us is no longer secure, you must immediately notify us by emailing us at info@TheFeelGood.Shop.
8. Third Party Links
The Sites or Services might display, include or make available Third-Party Content (including data, research, information, articles, or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third party Offers (as defined below) (collectively, the “Third Party Materials”). You acknowledge and agree that the Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
The Sites or Services might display, include or make available coupons, promotional codes, giveaways, samples, and other offers or other third parties to access and purchase products listed on our Apps, Sites and Services (collectively, the “Offers”). Offers constitute “Third Party Materials” under these Terms. The Company may display these Offers on the Sites and Services as a form of advertisement for the third party (the “Offeror”) only. All Offers are made directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such terms, conditions or restrictions are expressly included on the Sites or Services. The Offeror, and not the Company, is solely responsible for: (a) redemption of the Offer; (b) compliance of all aspects of the Offer with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions and restrictions related thereto); (c) all goods and services it provides to you in connection with the Offer; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an Offer or not.
9. User Content
9.1 You will be provided with opportunities to interact with the Site and the App including, but not limited to, features such as user ratings of the Dispensaries, saved favorites, liked items and bookmarked Dispensaries (collectively, “Ratings”). By submitting User Content, you represent and warrant that you are the owner of such User Content and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit to the Site and the App (collectively, “User Content”).
9.2 You grant Feel Good Shop an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use your User Content on the Site and the App and in all media now known or hereinafter devised (collectively, the “Uses”), without notification to and/or approval by you. You further grant Feel Good Shop a license to use your username and/or other user profile information including, but not limited to, your ratings history and how long you have been a member of Feel Good Shop, to attribute User Content to you, if we choose to do so, again without notification to and/or approval by you.
9.3 By submitting User Content, you agree:
- That you own, or have the necessary licenses, rights, consents and/or permissions to all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights to your User Content, and to any other works that you incorporate into your User Content;
- That you are responsible for anything you submit to, or through the use of, the Sites or Services and agree that the Company does not have to post or keep posted anything you provide. Once posted on the or Sites or on the Internet, it is not always possible to remove, especially if multiple copies exist. Although the Company will be diligent to ensure your privacy, when User Content is uploaded to the Sites or Services, or posted on any social media platforms with a tag or reference to the Company, you give the Company complete permission to make it available in multiple forms. If any of your User Content is acquired and used by a third party in a way that violates these Terms or any Additional Terms, you agree that the Company can take legal action against the third party and that the Company shall not be obligated to distribute any recovered sums to you that may be obtained in connection with such legal proceedings;
- That, and represent and warrant that, submission of your User Content will not cause injury to any other person or entity using the Sites, Services, or otherwise, and the Company is under no obligation to post any User Content that you provide, and reserves the right to post our own versions of your User Content as Company Content in our sole discretion;
- To fully assign the Company the right to pursue enforcement of copyright, trademark, trade secret and other intellectual property related claims against third parties that have, without receiving proper authorization, and in violation of these Terms or any Additional Terms, scraped, manipulated, copied, derived, distributed or otherwise improperly or illegally used and benefited from User Content that has been provided to the Company by you;
- hat you have the written consent, release, and/or express permission of each and every identifiable person in your User Content to use such person’s name and/or likeness in your User Content for any use permitted by these Terms;
- That you will not post, transmit, broadcast or otherwise make available any User Content that is unlawful, misleading, harmful, bigoted, offensive, profane, insensitive, obscene, tortious, libelous, pornographic, threatening, abusive, harassing, tortious, defamatory, vulgar, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (hereinafter, “Offensive Content”);
- That you are at least of legal age to use the products, Sites, Apps, and/or Services, being no less than eighteen (18) years old (or twenty-one (21) years old, as applicable), and you acknowledge that persons under legal age may not submit User Content to the Company, the Sites or the Services; and
- That the Company may, in its sole discretion, monitor the User Content you submit and any other communications that you may have, but is under no obligation to do so.
9.4 By submitting User Content, you acknowledge that you may expose yourself to liability if, for example, your User Content contains material that is false, intentionally misleading or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
9.5 User Content transmitted to certain parts of the Site and the App may be posted in public areas on our Site and the App, including without limitation in a compilation format, and publicly visible and accessible. Feel Good Shop and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from any and all liability for, the action of any and all third parties with respect to User Content.
10. Limited License
11. Copyright Infringement Claims
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), Feel Good Shop has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site and/or the Services (the “Designated Agent”). Upon receipt of a properly completed and delivered DMCA Notice of Alleged Infringement, the Company will take whatever action it deems appropriate in its sole discretion, but subject to its obligations under the DMCA, including removal of the challenged material from the or Sites.
All such notifications relating to the Site and/or the Services must be submitted in a manner consistent with the DMCA to the following Designated Agent in writing as follows:
- Your physical or electronic signature;
- Identification of the copyrighted work or works claimed to have been infringed;
- Identification of the material that is claimed to be infringing that copyrighted work, and URLs or similar information sufficient to permit us to locate that material on our Site and/or the Services;
- Information to permit Feel Good Shop’s agent to contact you: your address, telephone number and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
The Notice, with all above items completed, must be delivered to the Company at the following address: Feel Good Shop Legal Department info@TheFeelGood.Shop.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a Notice automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the Notice and allegation of copyright infringement.
12. Limitation on use of the Site
12.1 We have no obligation to monitor the Site, the Services or any postings or other materials (such as Ratings) that you or other third parties transmit or post on the Site, and/or the Services (collectively, the “Materials”). You acknowledge and agree that we have the right (but not the obligation) to monitor the Site, the Services and the Materials you transmit or post; to alter or remove any such Materials; to disclose such Materials and the circumstances surrounding their transmission to any third party in order to operate the Site, and/or the Services properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests. The information and opinions posted in the Materials on the Site are not necessarily those of Feel Good Shop or its affiliates, and Feel Good Shop makes no representations or warranties regarding such posted Materials. We neither endorse nor are responsible for messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site, the Services, or forums by third parties, whether such third parties are visitors to the Site and members of the Site or others. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, Materials or for any results obtained from the use of such information. Under no circumstances will we or our suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained from the Materials through the Site and/or the Services. You agree that, if there is a dispute between users of this Site and/or the Services, or between a user and any third party, including the Dispensaries, Feel Good Shop is under no obligation to become involved, and you agree to release Feel Good Shop and its affiliates 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 and/or the Site and/or the Services.
12.2 You represent and warrant to Feel Good Shop that (a) the Materials do not and will not infringe any rights of any third party(ies), and that the Materials do not and will not libel, defame, or invade the rights (including, without limitation, the right of privacy or publicity) of any third party(ies); (b) all obligations relating to the Materials have been satisfied, including, without limitation, those with and relating to artists and personnel, licenses, and laboratory and other contracts; (c) you have the right to enter into these Terms and to grant the rights granted or agreed to be granted hereunder; and (d) you have made all necessary payments (and no additional payments are required to be made) to any and all guilds, unions, performing rights societies, bodies and/or groups representing actors, writers, directors, composers, musicians, artists, and other persons who participated in the production of the Materials.
12.3 By posting or submitting content on or to the Site and/or the Services (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving Feel Good Shop , and its affiliates, agents and third party contractors the right to display or publish such content on our Site and/or the Services and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our Site and/or the Services, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, as we may determine and at our sole discretion in any medium now known or hereafter developed, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
12.4 You grant a non-exclusive license to Feel Good Shop with regard to the Materials he/she has submitted for the term of his/her copyright, and that the Materials be used by Feel Good Shop as it may determine and at its sole discretion in any medium now known or hereafter developed. Feel Good Shop reserves the royalty-free right to sub-license, reproduce, disclose, transmit, publish, broadcast and distribute electronically any such Material for purposes including but not limited to education, publicity and promotion.
13. Ratings/Review/Feedback Policy
An important part of the Company community is the feedback system. Users have the ability to leave reviews and comments, and we want that process to be as open as possible (“Ratings”). Part of that openness is acknowledging that certain behaviors are not acceptable. Ratings are considered Materials and are governed by these Terms including, but not limited to, your agreement regarding the standards of conduct set forth herein. Ratings do not reflect the views of the Site, or Feel Good Shop. We strive to maintain a high level of integrity with our Ratings and other Materials. All Ratings must be legitimate. The Company retains the right to remove any content posted on or submitted through any of its Sites or Services. However, the only User Content likely to be removed is that which violates these Terms or the rules or guidelines on the applicable Site or Service regarding reviews, comments, feedbacks and other User Content (the “Review Policies”). Please note, the Review Policies of each Site or Service may differ. Please consult the relevant Site or Service to learn about its applicable Review Policy.
Please note, the Company is under no obligation to enforce these Terms or any of the Review Policies on your behalf against another user. While the Company encourages you to let us know if you believe another user has violated these Terms or any of the Review Policies, we reserve the right to investigate and take appropriate action at our sole discretion.
14. Disclaimers of Warranties
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT UNLESS OTHERWISE PROVIDED IN THESE TERMS:
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITE (INCLUDING ALL INFORMATION), IS AT YOUR OWN RISK AND THE SERVICES ARE PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY OTHER POTENTIAL OR ACTUAL WARRANTY OF ANY KIND.
THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, CONSULTANTS AND AGENTS MAKE NO GUARANTEE OR WARRANTY THAT: (1) THE SITES AND SERVICES WILL SATISFY YOUR NEEDS AND REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR EQUIPMENT; (2) THE SITES AND SERVICES, AND ALL AFFILIATED SITES, FEATURES, SERVICES, COMMUNICATIONS AND WILL BE COMPREHENSIVE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR BE FREE FROM LOSS, DESTRUCTION, CORRUPTION, ONLINE ATTACK, VIRUSES, WORMS, OR OTHER INVASIVE, HARMFUL, OR CORRUPTED OR OTHER RELATED INTRUSIONS; (3) THE INFORMATION, DATA OR RESULTS REALIZED OR OBTAINED FROM YOUR USE OF THE SITES OR SERVICES WILL BE ACCURATE, UP TO DATE, SATISFACTORY OR RELIABLE OR FIT OR USEFUL FOR ANY SPECIFIC PURPOSE; (4) THE QUALITY OR VALUE OF ANY PROPERTIES, SERVICES, PRODUCTS, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITES AND SERVICES WILL MEET YOUR EXPECTATIONS; (5) THAT ANY OFFER MADE OR MESSAGE SENT WILL BE SUCCESSFULLY TRANSMITTED, RECEIVED AND PROCESSED; AND (6) ANY ERRORS IN THE GUIDELINES, SOFTWARE OR PROTOCOLS WILL BE CORRECTED OR RESOLVED.
ANY PRODUCT OR PROGRAM DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE AND FULLY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA, OR ANY OTHER LOSS OR DAMAGE THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH PRODUCT, MATERIAL, FEATURE OR OTHER PROGRAM.
NO ADVICE OR INFORMATION, INCLUDING MEDICAL ADVICE, STRATEGY, GUIDELINES OR RELATED CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR FROM THE PRODUCTS, SITES, SERVICES OR RELEVANT SOCIAL MEDIA PAGES SHALL CREATE ANY WARRANTY, GUARANTEE OR STRATEGY NOT EXPRESSLY STATED IN THESE TERMS.
VETTING BY THE COMPANY OF EACH AND EVERY DOCUMENT, PHOTOGRAPH, VIDEO, ARTICLE, RESEARCH MATERIAL, REVIEW, RELATED MEDIA, POSTING OR OTHER COMMUNICATION, IN ADDITION TO ANY OTHER CONTENT POSTED VIA THE SITES OR SERVICES, MAY NOT BE POSSIBLE OR REALISTICALLY PRACTICABLE. AS A RESULT, THE COMPANY CANNOT AND DOES NOT CONTROL ANY LISTING REVIEWS, COMMENTS, PHOTOGRAPHS, OPINIONS, RESEARCH, POSTINGS OR OTHER CONTENT OR MATERIAL POSTED VIA THE SITES OR SERVICES AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, SAFETY, LEGALITY, MORALITY, AND/OR AUTHENTICITY OF SUCH CONTENT, THE TRUTH OR ACCURACY OF USERS CONTENT, THE ABILITY OF LISTINGS TO CONFIRM PRODUCT AVAILABILITY OR PRICING, OR THE ABILITY OF USERS TO CONFIRM EXPERIENCES FROM USING OR PURCHASING SPECIFIC PRODUCTS DISCUSSED OR SOLD ON THE SITES OR SERVICES.
Feel Good Shop AND Feel Good Shop’S REPRESENTATIVES ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SITE, THE SERVICES AND/OR INFORMATION. Feel Good Shop AND Feel Good Shop’S REPRESENTATIVES DO NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SITE AND/OR THE SERVICES BY PERSONS OTHER THAN THEMSELVES AND DO NOT MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THESE TERMS AND CONDITIONS. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SITE AND/OR THE SERVICES.
THROUGH YOUR USE OF THE SITE, THE SERVICES AND/OR INFORMATION, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. Feel Good Shop AND Feel Good Shop’S REPRESENTATIVES ARE NOT PARTIES TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
SOME STATES AND PROVINCES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SO THE ABOVE DISCLAIMERS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT APPLICABLE LAW IMPOSES IMPLIED WARRANTIES ON SITE THE SERVICES OR INFORMATION NOTWITHSTANDING THE FOREGOING, SUCH IMPLIED WARRANTIES SHALL NOT HAVE A DURATION GREATER THAN ONE YEAR FROM THE RELEVANT PURCHASE OR ACCESS DATE; SHALL TERMINATE AUTOMATICALLY AT THE END OF SUCH PERIOD; AND SHALL BE DISCLAIMED AND EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS UNDER APPLICABLE LAW WHICH VARY FROM STATE TO STATE.
15. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY IS UNABLE TO GUARANTEE CONSISTENT, CONTINUOUS OR SECURE ACCESS TO ITS SITES, SERVICES, PROGRAMS, CONTENT AND NETWORK, AND OPERATION OF THE SITES AND SERVICES MAY BE INTERFERED WITH OR DELAYED BY NUMEROUS POTENTIAL FACTORS OUTSIDE OF THE COMPANY’S CONTROL. YOU ACKNOWLEDGE, EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSEES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF OPPORTUNITY, REPUTATION, PROFITS, GOODWILL, USE, VALUATION, TAX BENEFIT, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) USE OR THE INABILITY TO USE THE COMPANY’S SITES, AND/OR SERVICES; (2) THE COST TO PROCURE SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES, E-MAILS, REVIEWS, POSTINGS, COMMENTS OR OTHER COMMUNICATIONS RECEIVED, OR TRANSACTIONS ENTERED INTO VIA THE OR SITES OR OTHER AFFILIATED OR RELATED SITES OR SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE OR SITES; (5) THE FAILURE OF ANY OFFEROR TO TIMELY PROCESS AN OFFER; (6) ANY ACTIONS OR INACTION WE TAKE AS A RESULT OF COMMUNICATIONS FROM YOU TO THE COMPANY; OR (6) ANY OTHER MATTER RELATING TO THE COMPANY’S SITES, ANY AFFILIATED OR RELATED COMPANY SERVICES, FEATURES OR OR ANY OTHER ENTITY OWNED OR OPERATED BY THE COMPANY. FURTHER, THE COMPANY IS NOT A PARTY TO ANY SUCH TRANSACTIONS MADE BETWEEN USERS, AND THE COMPANY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DEFAULTS, COSTS, INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS, BETWEEN OR AMONG USERS, INCLUDING USERS, LISTINGS, DISPENSARIES, DISTRIBUTORS, PHYSICIANS, AND ALL RELATED PARTIES, IN ANY WAY ASSOCIATED WITH THE COMPANY’S SITES OR SERVICES.
THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA AND ANY OTHER TANGIBLE OR INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR AS A RESULT OF NEGLIGENCE, OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE PRODUCTS, SITES, SERVICES, OR MATERIALS AVAILABLE FROM THE SITES AND SERVICES, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGARDLESS OF THE AFOREMENTIONED, IF THE COMPANY IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (1) THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; OR (2) $100.
SOME STATES, COUNTIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER RELATED DAMAGES OR LOSSES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. Release of Waiver of Claims; Assumption of Risk
You HEREBY AGREE TO THE FOLLOWING: (i) to waive any and all claims that you have or may have against the Company and its affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants and agents resulting from use of the Sites and Services, and (ii) to release the Company and its affiliates, officers, directors, managers, shareholders, owners, employees, contractors, consultants and agents from any and all liability from any loss, damage, injury (whether bodily or monetary), or expense that you or any users of the Sites and Services may suffer as a result of the use of any of the foregoing, due to any cause whatsoever, including but not limited to negligence or breach of contract on the part of the Company, in the design or manufacture of the Sites and Services.
17. Indemnity and Release of Claims
You agree to indemnify and hold the Company (and its owners, directors, managers, officers, partners, employees, independent contractors and agents and successors and assigns of itself or its affiliates) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of or otherwise relating to (i) your use or misuse of any of the Company’s Sites or Services, (ii) your User Content, (iii) your violation of these Terms or any Additional Terms, (iv) your violation of applicable laws or regulations; or (v) your willful misconduct. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us or any other indemnitee hereunder and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You hereby release and forever discharge the Company (and its owners, directors, managers, officers, shareholders, employees, independent contractors and agents and successors and assigns of itself or its affiliates) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (i) any interactions with, or act or omission of, other Sites or Services or Third Party Materials, and (ii) any liability suffered as a result of the use of any of the foregoing, due to any cause whatsoever, including negligence or breach of contract on the part of the Company in the design of its Sites, or Services.
18. Force Majeure
None of Feel Good Shop or Feel Good Shop’s Representatives are or will be liable for any losses caused directly or indirectly as a result of causes or events beyond the control of Feel Good Shop, including natural disasters, acts of God, war, terrorism actions, DNNEC attacks, or decrees of governmental bodies, exchange of market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a “Force Majeure Event”). All of the obligations of Feel Good Shop and Feel Good Shop’s Representatives with respect to the effected elements under these Terms will be suspended for the duration of such Force Majeure Event.
19. Dispute Resolution
19.1 Informal Dispute Resolution. If you have any issues or problems concerning the Site and/or the Services, we encourage you to notify us immediately at info@TheFeelGood.Shop. so that we can attempt to resolve your issue. Most issues or problems can be resolved quickly and amicably. However, in the event that that you or Feel Good Shop or Feel Good Shop’s Representatives are unable to come to an amicable resolution within 15 days of your submission, you or Feel Good Shop or Feel Good Shop’s Representatives may bring a formal proceeding.
20. Electronic Documents
We may, in our sole discretion, seek your consent to these Terms and certain other agreements on the Site and/or the Services by means of an electronic signature by requesting you to affirmatively check the box indicating your acceptance to these Terms, affirmatively “click” on boxes containing the words, “I Accept,” “I Agree” or other similar phrases (collectively, “Acceptance Terms”). If you “click” on the Acceptance Terms, your “click” will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature. By electronically indicating your agreement to these Terms or accessing the Site and/or the Services or using any of the Information or Content after you have had an opportunity to review these Terms, you acknowledge and agree: (i) that you and, where applicable, the Patient and/or Primary Caregiver on whose behalf we grant you access to the Site and/or the Services intend to form a legally binding contract between you and Feel Good Shop; (ii) that you have read and agree to the terms and conditions of these Terms; (iii) that you agree and intend that these Terms to be the legal equivalent of signed, written contracts, and equally binding; (iv) that by electronically agreeing to these Terms, you acknowledge that you have received a copy of these Terms by your viewing a web page containing a hyperlink to the web page where these Terms are displayed or otherwise; and (v) that if you are executing these Terms on behalf of others, you hereby certify that you are an authorized representative authorized by law.
21. Contact Us
Should you have any questions, comments or complaints regarding these Terms, the Site or the Services, please contact us at info@TheFeelGood.Shop to speak to a representative