Last revised on: May 20, 2020
BY CLICKING “I ACCEPT,” PURCHASING PRODUCTS FROM US, OR OTHERWISE ACCESSING OR USING THE SERVICES, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF AND, AS APPLICABLE, THE ENTITY THAT YOU REPRESENT). IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT OR OTHERWISE ACCESSING OR USING THE SERVICES IS DOING SO ON BEHALF OF, OR WITHIN HIS OR HER CAPACITY AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF AN ENTITY, SUCH INDIVIDUAL AND SUCH ENTITY: (A) AGREE THAT THE TERMS “YOU” AND “YOUR” AS USED HEREIN APPLY TO SUCH INDIVIDUAL AND SUCH ENTITY; AND (B) REPRESENT AND WARRANT THAT THE INDIVIDUAL ENTERING INTO THIS AGREEMENT HAS THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY.
YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THIS AGREEMENT IF: (A) YOU ARE AN INDIVIDUAL THAT IS NOT AT LEAST 13 YEARS OLD; (B) YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT; OR (C) YOU HAVE BEEN PREVIOUSLY REMOVED FROM THE SERVICES BY CAREWELL.
IF YOU OPT-IN TO AN AUTOSHIP SUBSCRIPTION (AS DEFINED IN SECTION 6.1), THEN THE AUTOSHIP SUBSCRIPTION WILL AUTOMATICALLY RENEW AND THE APPLICABLE AUTOSHIP ORDER (AS DEFINED IN SECTION 6.1) WILL AUTOMATICALLY RECUR IN AT THE APPLICABLE AUTOSHIP INTERVAL (AS DEFINED BELOW IN SECTION 6.1) AT CAREWELL’S THEN CURRENT PRICE FOR THE AUTOSHIP PRODUCT (AS DEFINED BELOW IN SECTION 6.1) UNLESS AND UNTIL YOU OPT OUT OF THE AUTO-RENEWAL OF YOUR AUTOSHIP SUBSCRIPTION IN ACCORDANCE WITH SECTION 6.2BELOW.
PLEASE BE AWARE THAT SECTION 16OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING ARBITRATION. UNLESS YOU OPT OUT: (A) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (B) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
1.1. Overview. Carewell offers an online and by phone store for health products with the goal of improving the lives of caregivers and their families.
1.2. No Medical Advice. YOU ACKNOWLEDGE AND AGREE THAT: (A) CAREWELL DOES NOT PROVIDE ANY FORM OF MEDICAL CARE, MEDICAL OPINION, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT; (B) CAREWELL DOES NOT EVALUATE THE NEED TO SEEK MEDICAL ATTENTION, THROUGH THE SERVICES; (C) THE CONTENTS OF THE SERVICES, SUCH AS GRAPHICS, IMAGES, INFORMATION, AND OTHER MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY AND THE PROVISION OF SUCH CONTENT DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP, AND DOES NOT CONSTITUTE A MEDICAL OPINION, MEDICAL ADVICE, OR DIAGNOSIS OR TREATMENT OF ANY PARTICULAR CONDITION; (D) THE CONTENTS OF THE SERVICES IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT; AND (E) CAREWELL DOES NOT GUARANTEE THE EFFECTIVENESS OF OR ENDORSE, FOR ANY PARTICULAR MEDICAL PURPOSE, THE PRODUCTS. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR DOCTOR, PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
2.1. Account Creation. In order to access or use certain features of the Services, you must register for an account (“Account”). You represent and warrant that: (a) all required registration information you submit in connection with your registration is truthful and accurate; and (b) you will maintain the accuracy of such information. Carewell may suspend or terminate your Account in accordance with Section15. Upon any termination of your Account, your Autoship Subscriptions will automatically terminate.
2.2. Account Responsibilities. You are responsible for all activities that occur under and all Orders that are placed using your Account. You agree to immediately notify Carewell of any unauthorized use or suspected unauthorized use, of your Account or any other breach of security. Carewell will not be liable for any loss or damage arising from your failure to comply with the above requirements. You shall not share your Account or password with anyone.
3. Access to the Services.
3.1. Access and Use. Subject to your compliance with this Agreement, Carewell grants you a limited, non-exclusive, revocable, limited, non-transferable, non-assignable, non-sublicensable, and “as is” right to use and access the Services solely in connection with obtaining information about and purchasing Products.
3.2. Restrictions on Use of the Services. You will not: (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) frame or utilize framing techniques to enclose any trademark, logo, or other portion of the Services (including images, text, page layout or form); (c) use any metatags or other “hidden text” using Carewell’s name or trademarks; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders/crawlers to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Services in order to build similar or competitive products or services; (g) copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means part of Services except as expressly stated herein; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; or (i) use the Services for any purpose prohibited by this Agreement or by applicable law. Any future release, update or other addition to the Services shall be subject to this Agreement. Any unauthorized use of the Services terminates the rights granted by Carewell pursuant to this Agreement. The foregoing sentence is not exclusive of any other rights or remedies that may be available to Carewell under law, equity, statute, or otherwise.
3.3. Modification. We reserve the right to modify, update, suspend, or discontinue the Services (in whole or in part) at any time with or without notice to you. You agree that Carewell is not liable to you or to any third party for any such modification, update, suspension, or discontinuation. You may need to update third-party software from time to time in order to access and use the Services.
4. Products. The Products may only be available in limited quantities and are subject to return or exchange only according to our return policy located at https://www.carewell.com/returns/. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. Products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any Product at any time. Any offer for any Products made on the Services is void where prohibited.
5. Orders. Although we strive to accept all valid orders for Products (each an “Order”), we reserve the right to deny any Order for any reason, including if: (a) we discover an error in pricing and/or other information about the Product ordered or receive insufficient or erroneous billing, payment, and/or delivery information, (b) we suspect an Order has been placed using stolen payment card information or otherwise appears to be connected to fraud, (c) the ordered Product is unavailable due to discontinuance or otherwise; or (d) the Order is connected to a previous payment dispute. Carewell reserves the right to cancel any Order at any time and provide you a refund for any amounts paid under the applicable Order. Please contact us at 877-964-7760 if you would like to cancel your Order. To be valid, any cancellation must occur within 20 minutes of an Order being placed.
6. Autoship Subscriptions.
6.1. Definitions. For purposes of this Agreement:
(a) “Autoship Interval” means the selected interval at which the Autoship Subscription renews and Autoship Orders will be placed;
(b) “Autoship Order” means Orders for Autoship Products that are automatically placed under an Autoship Subscription;
(c) “Autoship Product” means a Product for which you have opted into an Autoship Subscription; and
(d) “Autoship Subscription” means a program to which you may opt in pursuant to which Orders for specified quantities of a Product will automatically recur and be shipped to you.
6.2. Opt-In and Cancellation. By opting-in to an Autoship Subscription (all Autoship Subscriptions to which you have opted-in, “Your Autoship Subscriptions”) you agree to pay for all applicable Autoship Orders placed in accordance with this Agreement. When you place your initial Order for an Autoship Product and enroll in an Autoship Subscription, you will receive a notice that Your Autoship Subscription has been created and your initial Order will be processed. Your initial Order will be processed immediately, and your selected Payment Provider will be charged at the time such Order is placed. You may cancel Your Autoship Subscription(s) by logging into and going to the “Manage Autoships” page of your “Account Settings” page or by contacting Carewell at 877-964-7760 or email@example.com and requesting a cancellation of your Autoship Subscription(s). Cancellation will not apply to any order that has already been submitted to our warehouse for processing. You may change the Autoship Interval of Your Autoship Subscriptions at any time on a going forward basis by going to the “Manage Autoships” page of your “Account Settings” page. The Autoship Interval change becomes effective immediately upon making the change but will not apply to any order that has already been submitted to our warehouse for processing. We may, in our sole discretion, terminate any or all of Your Autoship Subscriptions at any time with or without notice. If we do so, you will only be charged for Autoship Orders that have been shipped to you prior to the time of termination.
6.3. Automatic Renewals. You agree that Your Autoship Subscriptions will automatically renew, and Autoship Orders will automatically recur at the Autoship Interval indefinitely unless and until you cancel the applicable Autoship Subscription or change the Autoship Interval in accordance with Section 6.2. You will be responsible for all Autoship Orders placed in connection with your Autoship Subscription prior to your request for cancellation. At the end of each Autoship Interval, the applicable Autoship Subscription will automatically renew for the duration of the immediately preceding Autoship Interval and an Autoship Order will automatically be placed for the applicable Autoship Products at our then-current price for such Autoship Products. You will receive an email notification reminding you of each upcoming Autoship Order up to 72 hours prior to the start of the next Autoship Interval.Upon renewal of an Autoship Subscription, if Carewell does not receive payment from your Payment Provider for the applicable Autoship Order, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that Carewell may either terminate or suspend your Autoship Subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Autoship Subscription will be activated and for purposes of automatic renewal, your new Autoship Interval will begin as of the day payment was received). Similarly, if Carewell does not receive a payment from your Payment Provider for a recurring purchase, the product(s) ordered will not be shipped.
7. Prices And Purchase Terms
7.1. Payment. You agree to pay all fees or charges for Products you purchase on or through the Services in accordance with the prices, fees, charges and billing terms in effect at the time the applicable Order is placed. To make an Order on or through the Services, you must provide Carewell with a valid credit card or debit card (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card or debit card, and you must refer to that agreement to determine your rights and liabilities. By providing Carewell with your credit card or debit card number and associated payment information, you agree that Carewell is authorized to store or immediately charge or authorize its third party payment provider to store or charge your Payment Provider for all charges that are or become due and payable to Carewell hereunder and that no additional notice or consent is required, including any charges in connection with any Autoship Orders. You agree to immediately notify Carewell of any change in your billing address or the credit card used for payment hereunder. You may delete and/or add a credit card or debit card by contacting Carewell at 877-964-7760 or firstname.lastname@example.org. We may change the prices and billing methods for the Products at any time without notice. Except as set forth in the Agreement, all fees for the Services are non-refundable.
7.2. Taxes. You are responsible for paying any Sales Tax, as defined below, that may be due in connection with your Order. If Carewell determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, Carewell shall collect such Sales Tax in addition to the payments required for Products under your Orders. If any payments for any Products under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Carewell, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Carewell for any liability or expense Carewell may incur in connection with such Sales Taxes. Upon Carewell’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this Section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
7.3. Credits. Upon request, any credits on your Account can be applied to your next Order prior to charging your Payment Provider.
7.4. Discounts and Promotions. Carewell reserves the right to provide or change discount benefits at any time in its sole discretion, including discount amounts and eligibility used to determine discount amounts. All changes will apply to future Orders, including for current Autoship Subscriptions. We may, in our sole discretion, create discounts and promotional codes or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Unless otherwise expressly stated on the applicable Promo Code, Promo Codes may only be used once per person. Only Promo Codes sent to you through official Carewell communications channels are valid. Promo Codes: (a) must be used for the intended audience and purpose, and in a lawful manner; (b) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (c) may be disabled by us at any time for any reason without liability to us; (d) may only be used pursuant to the specific terms that we establish for such Promo Code; (e) are not redeemable for cash; and (f) may expire prior to your use. Unless otherwise stated at the time of issuance, all Promo Codes expire 30 days after issuance.
7.5. Title and Risk of Loss. All sales of Products are made Ex Works (Incoterms 2010) Carewell’s designated point of shipment, and title and risk of loss to each shipment of Products shall pass to you when Carewell makes such shipment available to the carrier.
8. IP Rights
8.1. Ownership. You acknowledge that we or our licensors or suppliers own all right, title, and interest, including all intellectual property rights, in and to the Services and all information, data, text, photographs, messages, tags, and other content or materials accessible through the Services (“Content”) other than Your Content (as defined below). Except for the limited access rights expressly set forth in Section 3.1 you are not granted any rights with respect to the Services and there are no implied licenses granted by Carewell under this Agreement.
8.2. Feedback. We welcome any and all feedback to help us build a better service. If you provide Carewell with any feedback or suggestions regarding the Services (“Feedback”), you acknowledge that we can freely use such Feedback in any manner. Feedback you provide is not confidential or proprietary to you. So, please do not provide Carewell any information or ideas that you consider to be confidential or proprietary.
9.1. Your Content. Certain features of the Services may permit you to submit or post Content to the Services. You, and not Carewell, are entirely responsible for all Content that you upload, post, or otherwise make available (“Make Available”) through the Services (“Your Content”). You hereby grant Carewell a fully paid, royalty-free, worldwide, non-exclusive right (including any moral rights) and license to use, sublicense, distribute, reproduce, modify, adapt, publicly perform, and display, Your Content (in whole or in part) for the purpose of providing the Services and selling Products. Note that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services.
9.2. Representations and Warranties. You represent and warrant that you have all necessary right, title, interest, authorizations, and permissions to: (a) Make Available all of Your Content; and (b) grant the rights, licenses, and permissions granted hereunder with respect to any data, content, information, or feedback, including Your Content and Feedback.
9.3. Restrictions on Your Content. You will not (and shall not permit any third-party to) Make Available any Content on or through the Services that: (a) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (b) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (c) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (e) involves commercial activities and/or sales without Carewell’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (f) impersonates any person or entity, including any employee or representative of Carewell.
9.4. Investigations. Carewell may, but is not obligated to: (a) monitor or review the use of the Services and Content at any time; (b) remove any Content, including Your Content for any reason (or no reason) ; (c) investigate any suspected or potential violations by you of any provision of the Agreement; and (d) immediately terminate your rights to access and use the Services, or change, alter, or remove Your Content, in whole or in part, without prior notice to you. Carewell has no responsibility or liability for the deletion or accuracy of any Content.
9.5. Ratings and Reviews. Ratings and reviews posted by users on the Services are Content that is not endorsed by Carewell and does not necessarily represent the views of Carewell. Carewell does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (a) to base any rating or review you post only on your first-hand experience with the applicable Product; (b) you will not provide a rating or review for any Product with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation; and (c) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such Content without notice.
10. Procedure for Making Claims of Copyright Infringement. It is Carewell’s policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to Carewell by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, If you believe copyrighted work is available on this website in a way that constitutes copyright infringement, you may notify Carewell in writing:
Carewell Family, Inc. d/b/a Carewell
Attn: Copyright Notice
1930 Abbott Street, Suite 403, Charlotte, NC 28203