Date Effective: August 2020
Welcome to emergewellco.com (the “ECo Site” or this “Website”), the website of EmergeWell & Co, LLC. (“ECo” or “we”).
Please read these terms and conditions of use carefully before using this site.
- The term “Service” means any service, activity, or event that you Use (as defined below) on or through the ECo Site.
- The term “Supplement” means a vitamin or other bottled or packaged wellness product.
- The term “Use” means to access, read, buy, experience, participate in, or make arrangements for.
On the ECo Site, you can find out how to arrange for a visit or consultation at ECo, link to information, sites, blogs, and other external information sites, and buy Supplements. Some of these Services are offered through our storefront at emergewellco.com. In each case, when you click on a link for one of those services, you will be redirected to one of those sites.
This Site Does Not Provide Medical Advice: The information provided on this site is for educational and informational purposes only and is not intended to diagnose or treat any disease. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication. Please do not apply any of the information without first seeking medical advice from your doctor. The articles published on this Website are for educational purposes and based upon the opinions of the authors, who retain the copyright to this information. INFORMATION ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. NO INFORMATION OFFERED HERE SHOULD BE INTERPRETED AS A DIAGNOSIS OF ANY DISEASE, NOR AN ATTEMPT TO TREAT OR PREVENT OR CURE ANY DISEASE OR CONDITION. IF YOU HAVE, OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, PROMPTLY CONTACT YOUR HEALTHCARE PROVIDER. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL CARE BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE. ALWAYS CONSULT YOUR HEALTHCARE PROFESSIONAL BEFORE TAKING ANY MEDICATION, NUTRITIONAL, OR HERBAL SUPPLEMENT, OR STARTING ANY DIET OR EXERCISE PROGRAM. INFORMATION PROVIDED HERE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP OR PRIVILEGE BETWEEN YOU AND ANY HEALTHCARE AND WELLNESS PROFESSIONAL AFFILIATED WITH THIS WEBSITE. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
Completeness and Accuracy of Information:
ECo attempts to ensure that information on the ECo Site is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER ECO NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER ECO NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAW FOR ANY SUCH PROHIBITIONS.
Products & Services:
All products and Services purchased on or through this Website are subject only to applicable warranties of their respective manufacturers, distributers, and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and Services listed or purchased on or through this website. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We make no warranties to those defined as “consumers” in the Magnuson-Moss Warranty Federal Trade Commission Improvements Act. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local law for any such prohibitions.
Use of Website
You hereby release and waive any and all claims against ECo its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, and any party involved in the creation, production or transmission of this website arising out of, or in conjunction with your use of the website.
ECo own(s) the copyright in all content on the ECo Site other than content that is identified as having been written by a third party. While we hope that you will enjoy the ECo Site Content for your personal purposes, the authors of any photos, articles, or content displayed on this Website retain any and all copyright interests to their respective articles or content. Any use of these photos, articles, content, or any other copyrighted material is expressly forbidden unless permission is granted, in writing, by the owner of the copyrighted material. Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of ECo and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of ECo or such other owner. Any trademarks, trade secrets, or patented materials may not be used or disseminated without a licensing agreement with Eco or the owner of stated materials.
The Supplements we offer are not intended to treat disease and include individual vitamins, and other products designed to support your health. Please also view the disclaimer. Different Supplements have different effects on different people. Any herbal supplement, including any Supplement, may cause side effects. Some people are particularly sensitive to certain Supplements. Certain Supplements may adversely affect the effectiveness of birth-control pills. Some Supplements may interact with other medications or cause alterations in lab results. YOU SHOULD CONSULT YOUR OWN PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL BEFORE TAKING ANY SUPPLEMENT. ECO, SHEILA JACKSON, AND THEIR AFFILIATES, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, WITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. ECO, SHEILA JACKSON, AND THEIR AFFILIATES, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES ARE NOT LIABLE FOR ANY DAMAGES ADVERSE EFFECTS YOU MAY HAVE TO CERTAIN SUPPLEMENTS.
Products, Content, and Specifications:
All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. ECo and its service suppliers which operate this Website pursuant to agreements with ECo, make all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
As part of the ECo Site, ECo may offer recipes and information dealing with the preparation of food and beverages and ECo may allow recipe submissions by various sources, including users of the ECo Site. ECo in no way provides any warranty, implied or otherwise, towards the content of recipes submitted by any user, visitor, or other entity. As such, it is your responsibility to determine the value and quality of any recipe or instructions provided for food preparation and to determine the nutritional value, if any, and safety of the preparation instructions. Recipes taken from this Website and prepared are done so “at your own risk”. ECo is not responsible for any damage, medically or otherwise, resulting in the preparation of food using the instructions or recipes provided on this ECo Site. You must take care to check the instructions provided and determine their value and any possible medical condition that may arise from the consumption of the ingredients listed in recipes on the ECo Site.
No Doctor-Patient Relationship:
Your use of the ECo site or any service or supplement that you may use through the ECo site and/or your participation in any service offered through the ECo Site, will not create a physician-patient relationship or privelege between you and any of the wellness professionals who provide services at ECo.
Orders, Shipping, and Returns:
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this ECo Site. All purchases from this ECo Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this ECo Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. You may return or exchange a product or service purchased from the ECo Site in accordance with our Return and Exchange Policy. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law.
For all charges or deposits for any events, products and/or services ordered by you on or through the ECo Site, ECo or its vendors or agents will bill your bank card or alternative payment method offered by ECo and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to ECo or its vendors, you represent to that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse ECo and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the ECo Site. You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.
Your use of the ECo site or any service or supplement that you may use through the ECo site and/or your participation in any service offered through the ECo Site, WILL NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP OR PRIVELEGE BETWEEN YOU AND ANY OF THE WELLNESS PROFESSIONALS WHO PROVIDE SERVICES AT ECO.
Account Registration and Security:
You understand that you may need to create an account to place orders and to have access to all of the parts of the ECo Site. In order to use those restricted portions of the ECo Site, you will: (a) provide true, accurate, current and complete information about yourself and/or your business as prompted by the ECo Site’s registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ECo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ECo has the right to suspend or terminate your account and refuse any and all current or future use of the ECo Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the ECo Site using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the ECo Site. We have the right to provide user billing, account, content, purchase or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
Representations and Warranties:
You agree to indemnify and hold harmless ECo, Sheila Jackson, and their affiliates, partners, directors, employees, agents and representatives from any loss, liability, claim, demand, fees, and expenses, including reasonable attorney’s fees made by any third party (which means anyone other than you) due to or arising out of your Use of the ECo Site, including, without limitation, any Claim arising from your providing any third party with any Supplements or other products that you have bought through the ECo Site.
Links to Other Sites:
Links to other websites are simply for your convenience. Any links you choose to view are done so at your own risk. ECo takes no liability for any linked sites or their content which may change without notice. Any link to any other website does not imply that we accept any responsibility for the content, safety, reliability, or quality or the materials. Be sure to review the Privacy Policies and other information about the information a website may collect, and how they use the information you provide.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that ECo may have at law or in equity, if ECo determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, ECo may take any action deemed necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this ECo Site. ECo will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing it to disclose the identity of anyone posting such materials.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND ECO HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and ECo agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
ECo believes that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms and Conditions, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the ECo Site, (ii) any purchases or other transactions or relationships with ECo, or (iii) any data or information you may provide to ECo or that ECo may gather in connection with such use, interaction or transaction (collectively, “ECo Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the ECo Site, or engaging in any other ECo Transactions or Relationships with us, you agree to binding arbitration as provided below.
(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the JAMS Rules, or by mutual agreement between you and ECo (the “Arbitrator”);
(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and Conditions and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms and Conditions is void or voidable;
(c) Location of Arbitration. You or ECo may initiate arbitration in (i) the State of Texas; or (ii) at such other location as may be mutually agreed upon by you and ECo; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
(d) Governing Law. The Arbitrator (i) shall apply internal laws of the State of Texas consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Texas or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) No Class Relief. The Arbitration can resolve only your and/or ECo’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(g) Arbitration Costs. To the extent permitted by law, each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys’ fees, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(h) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the JAMS Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor ECo shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
(i) Modification of Arbitration Clause with Notice. ECo may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after ECo has given notice of such modifications and only on a prospective basis for claims arising from ECo Transactions and Relationships occurring after the effective date of such notification.
Domestic Use; Export Restriction:
ECo controls the ECo Site from its offices within the United States of America. ECo makes no representation that the ECo Site or its content (including, without limitation, any products or services available on or through the ECo Site) are appropriate or available for use in other locations. Users who access the ECo Site from outside the U.S. do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the U.S. export control laws prohibit the export of certain technical data and software to certain territories. No content from the ECo Site may be downloaded in violation of United States law.
Right to Take Down Content:
ECo shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the ECo Site at any time without notice. Without limiting the foregoing, ECo shall have the right to remove any material that it finds to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms and Conditions access to the ECo Site or any part thereof.
You or ECo may suspend or terminate your account or your use of the ECo Site at any time, for any reason, or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. ECo reserves the right to change, suspend, or discontinue all or any aspect of the ECo Site at any time without notice.
ECo’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by ECo. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ECo Site or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms and Conditions, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between ECo and you relating to the subject matter hereof and supersedes any prior versions of these Terms and Conditions as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
Revisions to these Terms and Conditions: ECo reserves the right to revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this ECo Site.