Terms and Conditions
THIS SITE DOES NOT PROVIDE MEDICAL OR HEALTH CARE ADVICE. CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER FOR ADVICE REGARDING ANY MEDICAL CONDITION. DO NOT ATTEMPT TO SELF-DIAGNOSE OR TREAT ANY MEDICAL CONDITION BASED ON ANYTHING CONTAINED ON THIS SITE.
Your use of the site is your responsibility and you are responsible for complying with any local laws that may pertain where you are located.
Table of Contents1. Use of Content
2. Shopping Features
5. Site Information
5.2 Contact Us
5.3 Children's Guidelines
5.6 Order Forms
5.7 Business Relationships6. Advertising Standards
6.1 Advertising Claims
6.3 More Information
6.4 Product Safety and Quality
7. Content Submittal Policy
10. Limitation of Liability of Wellberri, Inc.
11. Dispute Resolution
12. Governing Law/Jurisdiction
13. Complete Agreement
Terms and Conditions of Use:
WellBerri authorizes you to personally view the material contained on our wellberri.com site and to download a single copy of such material for your personal, non-commercial use, provided that any downloaded copy includes the copyright notice, "Copyright 2013, WellBerri, Inc. All rights reserved." and with any other copyright or proprietary rights notices that appear in the material copied. Consumers may not use site nor provide outside links to the site, for any personal or commercial purpose, including but not limited to, sale or trade of particular items or services.
The materials contained on the wellberri.com site are protected by the copyright laws of the United States and other countries. Ownership of the content belongs WellBerri, or its retail customers, and to content providers to this site. Any use of the content not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may be a violation of copyright, trademark and other laws. All rights not expressly granted in these Terms and Conditions of Use are specifically reserved to WellBerri.
If you violate these Terms and Conditions of Use, your authorization to use the wellberri.com site is automatically revoked and you must destroy any copies of the content that you have made.
- Shopping Features
Consumers taking advantage of special features such as Shop On-Line, specials, and coupon offerings do so at their own risk and shall hold WellBerri, as site service provider, harmless from any and all liability including, but not limited to, any health claims regarding products posted on retailer sites as well as pick, pack, payment, and delivery functions.
Consumers agree to pay for goods and services purchased via the internet with WellBerri and recognize that purchasing goods and services on line holds the same validity as if purchased in person from a bricks and mortar store.
While WellBerri provide state of the art security encryption devices, customer's e-mail may not be fully secured against interception. Customer agrees to hold WellBerri harmless from any and all liability for any reason whatsoever, including monetary and health issues, that may arise regarding any transaction that occurs between Sunshine Health Foods and customer. Both WellBerri and customer agree to hold WellBerri harmless from any and all liability for any reason whatsoever, including monetary and health issues that may arise regarding any transactions that occur between WellBerri and customer.
Further, WellBerri may provide guarantees and warranties regarding reimbursement for goods and services, as well as pick, pack, and delivery functions whether shopping on-line or at its brick and mortar location. Please see our store policies posted on the ordering section of the site.
WellBerri collects financial information (like your account or credit card numbers where applicable) so you can order products from its store via their shop on-line service. Your billing information is only used by WellBerri or it's other business partners to bill you for products and services they sell. It is privileged, confidential, encrypted, and held on a secure server, and will not be given to a third party except as required by law.
WellBerri, on behalf of itself, has created this privacy statement for it's natural product retail store customers in order to demonstrate our collective firm commitment to your privacy. The following discloses the information gathering and dissemination practices for this Web site.
WellBerri respects and values your privacy. Although we will collect personal information from you, with your permission, only your name, your e-mail address, and your mailing address will be provided to WellBerri. No other personal information collected during your use of this site will be shared. WellBerri will not, without permission, sell, disclose or provide ANY information, including your name, address, e-mail address or other personal information to any third party, unless required to do so by law.
Personal information collected from you is submitted with your knowledge and consent. WellBerri will only use that information to provide a more customized service to you.
Should you choose to take advantage of the posted on-line specials, or shop-on-line features of this Web Site, further information such as your credit card data for method of payment of goods and services may be necessary. WellBerri as site service host provides state of the art security and encryption devices to protect your payment information.
WellBerri, as site service provider, its employees, directors, and investors are to be held harmless from any and all liability regarding any misuse of your credit card information provided for fulfillment of WellBerri's shop on-line feature.
WellBerri as site service provider works to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. WellBerri employees who handle customer data do not have access to your credit card details as this information is immediately encrypted after you execute the continue link at the bottom of the payment details section. In order to shop online, WellBerri collects your name, address information, and credit card information, so that it can fulfill your order, as well as your contact information (e-mail and telephone) in case WellBerri needs to communicate with you regarding your order.
We reveal only the last four digits of your credit card number when confirming an order. Of course, we transmit the entire encrypted credit card number to the appropriate credit card company during order processing. To complete credit card transactions, WellBerri provides the following member information (name, billing address, credit card number, expiration date, and transaction amount) to the credit card processing company we use via secure communications pathways. In addition, as part of the fulfillment process, WellBerri may share shipping information with intermediary shipping companies, including but not limited to USPS.
WellBerri has adopted these policies and procedures because (1) we cannot control the privacy practices and policies of other sites and (2) we want to protect your security and privacy during your visit to us.
- Site Information
This site provides you the opportunity upon registration to opt-out to receiving communications from WellBerri or its content providers, its customers and advertisers.
This site also gives you the following methods to discontinue receiving future communications. You may utilize any of these options to indicate that you no longer wish to receive contact from WellBerri.
5.2 Contact Us
If you have any questions about the privacy statement, the practices of this site, or your dealings with this Web site, you can contact WellBerri.
To change or modify information you previously provided you can e-mail us (see step 1 below).
- E-mail firstname.lastname@example.org
- Send mail to the following postal address:
P.O. Box 91368
Columbus, OH 43209
- Telephone: 614-362-9746
5.3 Children's Guidelines
This site does not solicit use by, or target as a user group, children under the age of 13 years. We do not collect information from any person we actually know is under the age of 13, that would make that child personally identifiable.
This site does not knowingly sell any products or services to children under the age of 18 years, nor does it specifically target any information towards children. We advise that if a parent feels that anything about this site is inappropriate for their child, they monitor the child's use of this site as they would all other Internet usage. WellBerri always welcome your input and comments. Please feel free to contact us. (See the Contact Us section above for details).
Cookies are small bits of electronic information that allow a Web site to keep records of your site visits and personalize or customize the Web experience for you. This site does not use "cookies" to report on or track you when you leave this site.
Our site registration form requires you to provide contact information (like your name and e-mail address). WellBerri uses the contact information from the registration form to send you information about the company and promotional material from content providers and advertisers provided that you have given us permission to do so.
We collect financial information (like your account or credit card numbers where applicable) so you can order products from WellBerri. Your billing information is used by WellBerri or other business partners to bill you for products and services they sell. It is privileged and confidential and will not be given to a third party except as required by law.
Outside links to other health information sites are provided in limited circumstances where it is necessary to provide a balance of information and are for your information and perusal only. WellBerri is not responsible for and neither endorse nor support any products or services that you may find on these outside sites. Any data presented on these sites should be used at customer's discretion only. WellBerri is not responsible for any results that may or may not occur regarding your use of any information, goods, or services posted on these sites. WellBerri can not guarantee nor provide security surrounding your personal and confidential information while you are visiting these outside sites. In addition, some internal links may be required to support the functionality of WellBerri, as site host and are not accessible by the community at large.
5.6 Order Forms
This site uses an order form so that you can request information regarding, products, and services. On this form, we collect your contact information (like your e-mail address). Contact information from the order form is used to send you goods and services ordered, where applicable or as requested, and may be used to send you information about our company or promotional material from our content providers, advertisers, and other parties.
5.7 Business Relationships
WellBerri has entered into a business relationship with each of the retailers for whom it is providing Web site services. Consumers may choose to Opt-in and give information to Sunshine Health Foods. However, you, the consumer, may at any time change, update or deny access to your personal information by emailing: email@example.com. In that case, WellBerri's access to your information or the ability for WellBerri to send you outbound e-mail messages will cease.
WellBerri has entered into a business relationship with D. Stokes, an Ohio-based agricultural advisor.
WellBerri provides news content through various established news sources which may at any time include UPI, AP, The New York Times Syndicate, Knight-Ridder/Tribune, Industry publications and numerous other established news sources. WellBerri utilizes these sources but is not responsible for their accuracy or their editorial views.
In an effort to provide balanced, up-to-date information regarding health issues, WellBerri, as site service provider, includes certain outside links to consumer health information sources such as NIH, USDA, and other consumer health sites at the Blog area of WellBerri's site.
WellBerri may sell, publish or share aggregated member information with our business associates or other third party organizations on occasion. No individual member information will be sold or given to a third party by WellBerri or its business associates without prior, express written permission of that member.
- Advertising Standards
WellBerri shares the values of the natural health industry including individual respect, cooperation, harmony, environmental awareness, and support of sustainable agriculture. All advertising submitted to WellBerri must conform to ethical standards regarding, but not limited to the following:
Absolutely no material is permitted that is offensive in any way regarding race, religion, culture or gender.
Absolutely no sexually explicit material or material involving human or animal cruelty is allowed.
We are committed to maintaining the highest standards for advertising however, we are not responsible for our advertisers, their products or services.
6.1 Advertising Claims
All advertiser claims regarding ingredients, potency, formulation and product testing must be verifiable. The advertiser must be able to substantiate and authenticate these claims to WellBerri and to site users upon request.
All advertiser claims regarding how products are grown, tested or manufactured must be in accordance with principles and standards established by the appropriate governmental and regulatory agencies and organizations.
WellBerri makes no warranty or guarantee for the accuracy of labeling, content, or quality of any products or services advertised on retailer's site.
WellBerri will accept advertising for food and food products that are labeled whole, natural, or organic. (We will also accept advertising for foods not in these categories).
All claims for food or other products that are labeled using the terms whole, natural or organic must not only conform to definitions set forth below, but must also meet all legal guidelines and requirements regarding the making of such representations. The advertiser must be able to substantiate and authenticate these and all other product claims to WellBerri and to site users upon request. In these instances, the definitions in the following sections will apply.
Food in its natural state is referred to as whole food. These foods are complex sources as found in nature with all or most of their nutritional components left intact. These foods undergo minimal processing in order to retain these nutritional components. Whole foods are not adulterated or modified with flavor enhancers or artificial colors.
According to the National Nutritional Foods Association (NNFA), neither the FDA nor the Federal Trade Commission have defined the term "natural" for labeling or advertising purposes. However, labeling and advertising statements and claims are required to be truthful and non-misleading, under pain of FDA or FTC regulatory action. A product labeled or advertised as "natural" should contain, primarily all natural ingredients. The presence of a synthetic chemical in the formulation would technically raise a regulatory issue. Foods designated as natural contain no artificial preservatives, sweeteners, colors, flavors, synthetic pesticides, fungicides, drug residues or growth hormones. These foods are not irradiated and neither ripening agents nor fumigants are used. Additionally, these foods are not bleached or bromated. They are processed, packaged, transported and stored to retain maximum nutritional value and be environmentally friendly.
According to Organic Trade Association (OTA), certified organic foods are grown and processed in compliance with stringent industry standards.
Certified organic farms build healthy soil without the use of toxic and persistent pesticides and fertilizers.
Certified processors/packers protect the organic integrity that begins on the farm.
Organic packaged products have not been irradiated, made with genetically modified seeds or growth hormones, or produced with artificial flavors or colors.
According to the OTA's American Organic Standards, as proposed in October, 1999, genetically engineered organisms and their derivatives and products are prohibited for foods labeled as "organic" and "made with organic ingredients."
All methods and materials used on certified organic farms and processing facilities are inspected annually by a third-party certification organization. When national regulations for the organic industry are implemented, the government will appoint certification organizations who will inspect farms and processors.
6.3 More Information
For further questions or information on advertising standards please e-mail us at: firstname.lastname@example.org.
Further information on governmental and organizational regulation of industry advertising standards can be found at the following agencies and organizations. WellBerri's advertising acceptance policies support the advertising regulations, standards and guidelines set by these agencies and organizations:
Environmental Protection Agency www.epa.gov
The Federal Trade Commission www.ftc.gov
Food and Drug Administration www.fda.gov
Homeopathic Pharmacopoeia of the United States www.hpus.com
National Anti-Vivisection Society www.navs.org
People for the Ethical Treatment of Animals www.peta.com
Organic Trade Association www.ota.com
National Nutritional Foods Association www.nnfa.org
6.4 Product Safety and Quality Products for which advertising is accepted must be safe when used according to instructions. If product(s) are not intended for use by children, the advertising should not encourage or imply child-usage.
WellBerri has no means of independently evaluating the safety or functionality of the products offered by its suppliers and affiliates and thus can neither endorse nor recommend products. WellBerri makes every effort to receive a certification from its suppliers that (i) the product complies with all local, state, and federal regulatory requirements; (ii) every claim made on behalf of the product is adequately substantiated and information is readily available regarding such claims, and (iii) all adverse safety information is disclosed on product labeling.
WellBerri requires that all of our advertisers can substantiate their claims of safety, wholeness, goodness and purity of product. However, we do not guarantee, warranty those claims, or any product or service advertised or discussed on our site.
- Content Submittal Policy
WellBerri reserves sole discretion to accept, edit or reject any and all materials submitted to us from consumers directly or on behalf of a customer. WellBerri will not be responsible for the return of these items. Living Naturally will not be liable for any payment for any submissions without prior written agreement.
You agree that you will not upload or transmit to the www.wellberri.com site, its content providers, business associates, advertisers or users, any material that infringes or violates the rights of any party. If you submit any content or communication to the www.wellberri.com site, you are agreeing that such content or communication is not confidential for any purpose. By making any submission to this site you are representing and warranting that you are the owner of the rights to the material submitted, and you are granting to WellBerri a permanent, royalty-free, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the content of the submission in any media, in any form or format, now available or developed in the future. If you are not the owner of the rights to the material submitted, you are representing and warranting that the person who owns such rights has granted the above-referenced rights to WellBerri.
WellBerri may sublicense the rights obtained from you to others without limitation.
You agree, by your use of this site, to adhere to our standards of proper Net-etiquette. This includes, but is not limited to the standards listed below. WellBerri prohibits the following action in our public areas and reserves the right to remove any postings that violate them.
DO NOT use any explicit, vulgar, or obscene language.
DO NOT use any racially, ethnically, or socially offensive language.
DO NOT encourage, incite, or plot any illegal activity.
DO NOT verbally attack, harass, or otherwise annoy any other members.
DO NOT post or request personal information from anyone under 18.
DO NOT misrepresent yourself as part of the WellBerri staff, or another organization to which you ARE NOT A MEMBER.
DO NOT post or link to sexually explicit or otherwise offensive material when participating in forums and chats and please stay on the topic.
IF YOU post messages on a public site area, you may be identifying yourself, and your personal information may be available to others without your permission.
You agree to indemnify and hold WellBerri, its officers, principals, employees, agents, consultants, and information providers harmless from and against all claims, actions, demands, losses, expenses, damages and costs, including but not limited to reasonable attorney's fees and accounting fees resulting from, or alleged to have resulted from, your violation of these Terms and Conditions of Use.
- Limitation of Liability of Wellberri, Inc.
The www.wellberri.com site is provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the www.wellberri.com site and content is at your own risk. WellBerri does not guarantee that the functions of this site will be error-free or uninterrupted, or that this site and server will be absolutely virus-free. Your use of this site involves transmission of data over facilities which are not within the control of WellBerri, its content providers and advertisers. Therefore, WellBerri assumes no liability for delay, corruption of data, interruption of service, or interception of data transmissions outside of its direct control.
WELLBERRI, ITS CONTENT PROVIDERS, BUSINESS ASSOCIATES AND ADVERTISERS, TO THE FULLEST EXTENT ALLOWABLE BY THE LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS.
WellBerri makes no representations or warranties as to: (1) the accuracy, completeness, reliability, currentness or timeliness of the content, textual material, graphics, links, or data transmission capabilities provided by the www.wellberri.com site; and (2) compliance with or satisfaction of any governmental regulations requiring disclosure of information concerning products or services offered by content providers or advertisers on the www.wellberri.com site.
In no case shall WellBerri, its content providers, business associates, advertisers or any third parties referred to on the www.wellberri.com site be liable for any damages, including without limitation, incidental and consequential damages, personal injury or death, lost profits or damages from data loss or business interruption, resulting from the use or inability to use the www.wellberri.com site or its content, whether based on contract, tort or any other legal theory, and whether or not WellBerri is given notice of the possibility of such damages. WellBerri shall only be liable for actual damages suffered by you, and only to the maximum amount of $500 (U.S. currency). WellBerri assumes no liability for your use or misuse of the site, the content, the public areas of the site, including, without limitation, liability for personal injury or death. Any claim brought in relation to your use of the site, the content or the public areas of the site must be brought within one (1) year of the event from which the claim arises. The remedies set forth in these Terms and Conditions of Use are exclusive and limited to those expressly set forth.
Although the editors and content providers of this site have consulted sources believed to be reliable and accurate in assembling the content of this site, information provided may not be error-free. Listings of suppliers, professional associations, organizations, news, events and other material are intended to be comprehensive but not necessarily all-inclusive of information.
- Dispute Resolution
Notwithstanding the arbitration provision above, WellBerri may avail themselves of the full range of remedies available to them, either individual or together, in connection with any violation of its respective intellectual property rights, including, but not limited to, temporary and permanent injunctive relief, and actions for damages in either state or federal courts, as applicable. If such judicial proceedings are instituted, the parties agree that such proceedings will not be stayed or delayed pending the outcome of any arbitration proceeding under this Agreement. In such judicial proceedings, the prevailing party shall be entitled to an award of attorneys' fees and litigation costs, including those at the trial court and all appellate court levels, against the losing party.
- Governing Law/Jurisdiction
By use of this site, you agree that exclusive venue for resolution of any disputes between you and WellBerri, Inc. at P.O. Box 91368, Columbus, Ohio 43209, shall be in the county and state wherein WellBerri is located, or in the United States District Court for the District and Division that governs WellBerri's location. Your use of this site and all relations between you and WellBerri shall be governed by the laws of the State of Ohio except where specifically preempted by federal law.
In addition, the service provider, wellberri.com is owned by WellBerri, Inc. The phone number is 614-362-9746. By use of this site, you agree that exclusive venue for resolution of any disputes between you and WellBerri shall be in Franklin County, Ohio. Your use of this site and all relations between you and WellBerri shall be governed by the laws of the State of Ohio except where specifically preempted by federal law.
- Complete Agreement
Except as expressly set forth within any separate notice contained in the www.wellberri.com site or any other written agreement between you, WellBerri, these Terms and Conditions of Use constitute the entire agreement between you, WellBerri regarding the use of the www.wellberri.com site and content. These Terms and Conditions of Use may be modified by WellBerri at any time, with or without advance notice. By your continued use of the www.wellberri.com site, you agree to monitor these Terms and Conditions of Use for any changes, and that such changes will be binding upon you. None of these Terms and Conditions of Use may be waived except in a written instrument signed by an officer of WellBerri. No waiver, whether express or found to exist as a matter of law, shall be deemed a further or continuing waiver of such term or condition or of any other term or condition.
If any term or condition set forth herein is found to be invalid by a court of competent jurisdiction, the remainder of the terms and conditions shall remain in full force and effect.
Revised: January 2017