Effective as of: December 18, 2020
This website (“Site”) is controlled by and/or maintained by Wicked Cool Wellness, Inc. and/or one or more of its subsidiaries or affiliates (individually and collectively, “Wicked Cool Wellness,” “we,” “us,” or “our”). By using our Site, user (“User,” “you,” “your”) agree to be legally bound by each of the terms and conditions set forth below and any amendments thereto (“Terms and Conditions”). Please review these Terms and Conditions from time to time to ensure that you have read and agree with the current policy, as it may be amended without notice. The date of our Terms and Conditions is set forth at the top of the document. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on our Site. Please note that your use of certain features of our Site may be subject to additional terms and conditions. By using these features, you also agree to be bound by such additional terms and conditions. Wicked Cool Wellness may terminate, change, suspend or discontinue any aspect of the Wakaya Site, including the availability of any features of the Site, at any time. Wakaya may also impose limits on certain features and services or restrict your access to parts or to the entire website without notice or liability. Wakaya may terminate the authorization, rights and license given herein.
1. PROPRIETARY RIGHTS
All materials on our Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Site (collectively, “Content”) are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us, by our affiliates, or by other parties that have licensed or otherwise provided their material to us. Except as specifically provided herein or elsewhere on the Site, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express written permission of Wakaya. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize our Site for any purpose other than their intended purposes is strictly prohibited.
Wicked Cool Wellness grants User a non-exclusive, non-assignable, non-transferable, and revocable license (“License”) to use and display, for personal and noncommercial use only, one copy of any material provided on our Site specifically for the purpose of downloading by User (“Downloaded Material”). User agrees to maintain any and all copyright and other notices contained in such Downloaded Material. User further agrees not to alter or modify the Downloaded Material in any way. This License may not be assigned, transferred, or sublicensed by User to any other party and may be revoked by Wakaya at any time. Upon revocation, Users agrees to delete and/or destroy and Downloadable Material obtained from the Site.
2. LINKED OR THIRD PARTY SITES
3. RULES OF CONDUCT
By using our Site, User accepts the following rules of conduct:
a. User will not post to or transmit through our Site any material that would violate or infringe in any way upon the rights of others, including but not limited to any threatening, harmful, defamatory, obscene or pornographic material; material that is fraudulent or contains false, deceptive, or misleading statements, claims, or representations; or any material that violates federal or local law or regulation, or would give rise to civil or criminal liability.
b. User shall not use our Site to post, upload, or otherwise make available any material protected by a proprietary right, including but not limited to copyright and/or trademark or other third party right without express written permission of the owner of such right.
Users shall cooperate with Wicked Cool Wellness in investigating and correcting any apparent breach of these Terms and Conditions. Users shall be solely responsible for any material that they maintain, transmit, download, view, post, distribute (“Material”) or otherwise access or make available using the Site or Infrastructure.
In the event that Wicked Cool Wellness becomes aware of any such User Material or of any activity engaged in by User that may violate these Terms and Conditions and/or expose Wicked Cool Wellness to civil or criminal liability, Wicked Cool Wellness reserves the right to investigate such material, block access to such material and suspend or terminate any features of or Content on the Site without liability. Wicked Cool Wellness a further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of these Terms and Conditions, including disclosing the identity of any User that Wakaya believes is responsible for such violation. Wicked Cool Wellness also reserves the right to implement technical mechanisms to prevent violations of these Terms and Conditions. Nothing in these Terms and Conditions shall limit in any way Wicked Cool Wellness rights and remedies at law or in equity that may otherwise be available.
Any writings, postings, ideas, suggestions, concepts, or other material submitted through our Site via e-mail, upload or any means that we may create or provide in the future will become the property of Wakaya throughout the world and we shall be entitled (without compensation to any party) to use such material, either commercially or non-commercially, in perpetuity in any form and manner in any media, whether known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that, in the event you make a submission to us: (i) it is original with you and accurate, (ii) it does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance, and (iii) you will use commercially reasonable efforts to ensure that any such submission is free from any viruses, or other items of a destructive nature. You further agree not to use our Site, the Content, or any products or services included on or available through our Site for any unlawful purpose.
Wicked Cool Wellness has no responsibility for any material or information created, stored, maintained, submitted, transmitted or made accessible on or through the Site or Infrastructure by Users, and is not obligated to monitor or exercise any editorial control over such material.
5. INFRINGEMENT AND REGULATORY COMPLAINTS
We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using our Site in violation of any applicable federal, state, or local laws.
7. PASSWORD AND USER SECURITY
If you are a registered user of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
8. HEALTH DISCLAIMER
This Website provides a web-store for the purchase of ginger products and nutritional information on ginger. It should be noted that information, applications and content published over the Internet and is intended only to assist users in their personal use of ginger for various purposes. wickedcoolwellness.com is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
You are urged and advised to seek the advice of a physician before beginning use of ginger for medical reasons. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of ginger use.
For more information, you should review our Information on Ginger, which are incorporated into these Terms & Conditions by this reference.
9. DISCLAIMER OF WARRANTIES
OUR SITE AND ALL CONTENT AND SERVICES INCLUDED ON OR AVAILABLE THROUGH OUR SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. YOU AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. WAKAYA AND ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH WE INTEND THAT THE CONTENT OF OUR SITE BE ACCURATE, COMPLETE, AND CURRENT, WE MAKE NO WARRANTY: (I) THAT USE OF OUR SITE OR ANY CONTENT HEREIN (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT OUR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON OUR SITE WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH OUR SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE CONTENT PROVIDED ON OUR SITE IS MEANT FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR ANY TYPE OF MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. PLEASE CONSULT YOUR PHYSICIAN OR A REGISTERED DIETITIAN IF YOU HAVE ANY QUESTIONS ABOUT YOUR DIET, MEDICAL CONDITION, OR THE INFORMATION PRESENTED HEREIN.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WAKAYA, OR ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION ARISING FROM (I) YOUR USE OF OR INABILITY TO USE OUR SITE, OR (II) CONTENT AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH OUR SITE.
11. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability. Therefore, the above disclaimer of warranties and/or limitation of liability may not apply to you.
You agree to defend, indemnify and hold Wicked Cool Wellness, and its subsidiaries, partners, agents, affiliates, licensors and advertisers and their respective officers, directors, shareholders, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from your breach of your agreements under these Terms and Conditions.
13. INTERNATIONAL USE
We make no representations that the Content on our Site is appropriate or available for use in locations outside the United States. Those who choose to access our Site from locations outside the Untied States do so at their own initiative and are responsible for complying with all local laws and regulations regarding online conduct and acceptable content.
14a. Messaging Terms & Conditions
You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from Wicked Cool Wellness, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when joining or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. Wicked Cool Wellness reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Wicked Cool Wellness also reserves the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Wicked Cool Wellness, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Reply STOP to cancel. After texting STOP you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Wicked Cool Wellness and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Wicked Cool Wellness through any other programs you have joined until you separately unsubscribe from those programs.
14c. Mobile Phone Number Change
In the event that you change or deactivate your mobile phone number, you agree to notify Wicked Cool Wellness by emailing us at email@example.com.
If you are experiencing any problems, please email us at firstname.lastname@example.org
This message program is a service of Wicked Cool Wellness, located at New York, US.
14d. Dispute Resolution
In the interest of resolving disputes between you and Wicked Cool Wellness in the most expedient and cost effective manner, you and Wicked Cool Wellness agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Wicked Cool Wellness or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Wicked Cool Wellness or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises.
YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU ANDThe Wakaya Group ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or The Wakaya Group to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Wicked Cool Wellness will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Wicked Cool Wellness. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
If you or Wicked Cool Wellness intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). The Wakaya Group address for Notice is:Jason Martin, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Wicked Cool Wellness will make good faith efforts to resolve the claim directly, but if you and Wicked Cool Wellness do not reach an agreement to do so within 30 days after the Notice is received, you or Wicked Cool Wellness may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Wicked Cool Wellness must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Wicked Cool Wellness will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Wicked Cool Wellness for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Wicked Cool Wellness agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Wicked Cool Wellness made within 14 days of the arbitrator's ruling on the merits.
No Class Actions.
YOU AND The Wakaya Group AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and The Wakaya Group agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision.
Notwithstanding anything to the contrary in these Messaging Terms, if Wicked Cool Wellness makes any future change to this arbitration provision, other than a change to Wicked Cool Wellness address for Notice, you may reject the change by sending us written notice within 30 days of the change to Wicked Cool Wellness address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Wicked Cool Wellness.
If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
14e. Changes to Messaging Terms
We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California. You agree to submit to the exclusive jurisdiction of the federal, state, and local courts located within the State of California, County of San Diego. All of these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms and Conditions constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate your access to and ability to use our Site (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.
16. CONTACT INFORMATION
If you have questions or comments about these Terms and Conditions or our privacy practices, or if you wish to review or amend any personally identifiable information you have provided, you can contact us at:
Wicked Cool Wellness, LLC
434 6th Ave. Suite 6R
New York, NY 10011