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Terms and Conditions


Terms and Conditions


Last updated: May 06, 2019

These terms and conditions ('the Terms Of Use') govern the users ('you' or 'your') use of the website mobiuswellness.com ('the Website') and your relationship with the Wholesale Point Inc (trading as Mobius Wellness) whose registered office is at 260 Shore Court, Burr Ridge, IL 60527. Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.

Website and Services for Educational Purposes Only

This Website and associated Services are not a substitute for professional advice and are provided for educational purposes only with the understanding that neither Mobius Wellness nor its representatives, affiliates, customers, suppliers or subscribers use it to make diagnoses, recommend treatments or provide medical, counseling or other professional services or advice. You agree this Website shall not be used in place of a visit, call, consultation with or the advice of a physician or other qualified health care provider. If you need emergency medical help, you should immediately call 911 or your physician. You understand and agree that Mobius Wellness is not responsible or liable for any advice, course of treatment, diagnosis or any information, products or services you receive from this Website.

Modification & Amendments

Mobius Wellness reserves the right to amend at any time any policies governing this Website, including, but not limited to these Terms of Use and Privacy & Security Policy, as well as the Payment, Shipping, and Return Policy, by posting the amended terms on the Website. You will be able to tell that a revision has been made by the date of the last revision indicated at the top of the document. The amended terms shall be effective immediately after they are initially posted on this Website. Your use of the Website following the posting of such amended terms shall constitute your acceptance of any such changes. If you do not accept the amended terms, you must cease using this Website.

Limited License

Mobius Wellness grants you a limited, revocable, non-exclusive, and non-transferable license to make personal use only of this Website. Such license is subject to these Terms of Use and does not include: (a) any resale or commercial use of the Website or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Website and its contents; (d) use of any data mining, robots or similar data gathering or extraction methods; or (e) downloading (other than the page caching) of any portion of any of the Website or any information contained on the Website, except as expressly permitted on the Website.

Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise, under any patent, trademark, or proprietary right of Mobius Wellness, its Affiliates or any third party. If you violate any provisions of these Terms of Use, your limited license grant automatically terminates.

Privacy & Security Policy

Mobius Wellness believes strongly in protecting User privacy. Mobius Wellness is committed to the belief that all people have a right to privacy and that their personal health information should be kept confidential. We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy. In addition, we will process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate. Please refer to our Privacy & Security Policy for information on how Mobius Wellness uses and collects information and protects your privacy.

Copyright

Unless otherwise indicated, all Website materials, including, without limitation all designs, text, graphics, other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of Mobius Wellness, or their respective licensors. You may electronically copy and print to hard copy portions of the Website for the sole purpose of using materials it contains for informational, non-commercial, personal use only. Any other use of the materials in this Website-including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance-without the prior written permission of Mobius Wellness is strictly prohibited.

Trademarks

Mobius Wellness and any product or service names, slogans, page headers, custom graphics, button icons, and scripts contained in the Mobius Wellness Website are either trademarks or registered trademarks of Mobius Wellness or its licensors. Such trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Mobius Wellness. All other trademarks, trade names, brand names, registered trademarks, product names and company names or logos mentioned herein or appearing on this Website are the property of their respective owners

Repeat Infringer Policy

Mobius Wellness respects the intellectual property of others, and we ask our users to do the same. Mobius Wellness may, in appropriate circumstances and at its own discretion, limit access to this Website and/or terminate User accounts of any users who infringe the intellectual property rights of others.

Claims of Copyright Infringement

If you believe that any material on this Website infringes upon any copyright which you own or control, or that any link on this Website directs users to another Website that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement.

Written notification must be submitted to the following:

Mobius Wellness
Attn: Corporate Legal Counsel
260 Shore Ct
Burr RIdge, IL 60527

To be effective, the notice must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that Website;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Submissions

Submissions made by users in connection with their use of the Mobius Wellness Service (such as chat rooms, discussion boards, email and other electronic messaging services) and any other submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Mobius Wellness, are non-confidential and shall become the sole property of Mobius Wellness. Mobius Wellness shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any such materials to Mobius Wellness irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Interactive Areas

The Website may include discussion forums, chat rooms, auto-responders, establishing a User Account, emailing of confidential price lists, customer account log-in or other interactive areas ("Interactive Areas"). Use of any Interactive Area requires registration as a User and agreement with additional terms contained in this Agreement. Mobius Wellness allows its customers and potential customers to establish a User Account in order to view special or confidential pricing and access services.

If you use a public area, such as a chat room, bulletin board or other User community (“Public Area”), you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Mobius Wellness is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms of Use:

  • Using a Public Area for any purpose in violation of local, state, national, or international laws;
  • Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Mobius Wellness in its sole discretion;
  • Posting advertisements or solicitations of business;
  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  • Posting chain letters or pyramid schemes;
  • Impersonating another person;
  • Distributing viruses or other harmful computer code;
  • Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments
  • Posting the same note more than once or "spamming"; or
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Website, or which, in the judgment of Mobius Wellness, exposes Mobius Wellness or any of its affiliates, customers or suppliers to any liability or detriment of any type.

Mobius Wellness reserves the right (but is not obligated) to do any or all of the following:

  • Record the dialogue in public chat rooms.
  • Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  • Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.
  • Terminate a User's access to any or all Public Areas and/or the Website upon any breach of these Terms of Use.
  • Monitor, edit, or disclose any communication in the Public Areas.
  • Edit or delete any communication(s) posted on the Website, regardless of whether such communication(s) violate these standards.

Mobius Wellness reserves the right to take any action it deems necessary to protect the personal safety of Users, guests or the public. Mobius Wellness has no liability or responsibility to Users, guests or the public with respect to use of the Website or any other User, person or entity for performance or non-performance of the aforementioned activities.

Registration and or use of these Interactive Areas by competitors or their employees, affiliates, officers or agents is expressly prohibited under any circumstance. Any access to an Interactive Area by such entity or individual is considered a material breach. By registration and or using any Interactive Areas, you warrant you are accessing these areas in good-faith in order to conduct business with us, you are not a competitor (defined as an entity or individual that offers the same or similar products and or services as Mobius Wellness) nor affiliated with a competitor, nor will you use the information in anyway harmful to Mobius Wellness and you will abide by all the conditions contained in these Terms of Use. You expressly agree to compensate Mobius Wellness for violations of these terms. Compensation shall be the equal to One Hundred ($100) per access or attempted access to the Interactive Areas plus any additional costs, expenses, fees, loss of revenue as well as the costs and expenses to enforce and collect breaches of this provision. You agree to pay any and all additional costs to enforce these terms against you.

Passwords

Mobius Wellness has several Website tools that allow you to record and store information. For example, some Services require you to record limited amounts of personal health information on a voluntary basis on servers maintained by Mobius Wellness or on its behalf. These Services are structured to allow access only to registered Users with a valid password.

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts. It is your sole responsibility to:

  • Control the dissemination and use of activation codes and passwords;
  • Authorize, monitor, and control access to and use of your User account and password;
  • Promptly inform Mobius Wellness of any need to deactivate a password.

You grant Mobius Wellness and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website. Mobius Wellness cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Mobius Wellness tools and Services.

Hyperlinks

Mobius Wellness makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from the Websites, or other websites linking to this Website. The linked websites are not under the control of Mobius Wellness and Mobius Wellness is not responsible for the contents of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. Mobius Wellness is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Mobius Wellness of the website or any information contained therein.

Third Party Content & Services

Mobius Wellness may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Mobius Wellness does not monitor nor does it have any control over any Third Party Content or third party websites. Mobius Wellness does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Mobius Wellness does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

Restrictions on Use

As a condition to your use of the Mobius Wellness Website and Services, you agree you will not:

  • Use the Website or Services to infringe the intellectual property rights of others in any way;
  • Use the Website or Services, or attempt to penetrate, modify or manipulate the Website or Services or any of the hardware or software thereof, in order to: invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the Website or Services that is not otherwise deliberately made available through the Website or Services, or modify, erase or damage any information contained on the computer of any user connected to the Website or Services; or
  • Reverse engineer any portion of the Website or Services.

This Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes not expressly permitted in writing by Mobius Wellness.

Third-Party Licenses

You agree that you will not upload or transmit any communication or content of any type that infringes or violates any rights of any person.

Disclaimer

THIS WEBSITES AND THE MATERIALS ON THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MOBIUS WELLNESS AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, CONTRACTORS, AGENTS, AFFILIATES, SUPPLIERS, AND EMPLOYEES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE. MOBIUS WELLNESS DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. MOBIUS WELLNESS DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We shall be not held liable for any improper or incorrect use of the information, Services, or products purchased on this site and assume no responsibility for anyone's use of the information, Services, or products purchased on this site. We will not be liable if you or anyone to whom you provide the products purchased on our site is exposed to or comes in contact with any item to which you or the other person is allergic. We shall not be held liable for any direct or indirect damages caused in any way through the use of information or services on this site. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. This disclaimer of liability applies to any damages or injury which may be perceived by you, the site user, to be caused by the information or services on this site, or by using this site.

PLEASE ALSO NOTE: Any information or product you receive from our website and/or customer service representatives does not replace the advice of a doctor or trained professional. Mobius Wellness, Inc is not liable for any incidental or consequential damages resulting from misuse of any of our products. We are not licensed in any way to give medical advice and rely on the manufacturer’s information for all our products. If you have specific questions about use of an item, please consult a licensed physician or the manufacturer, who’s information can be found on our Shop By Brand Page.

Unless otherwise indicated on this site, Mobius Wellness does not endorse or recommend any product or service offered, advertised or sold on or through this site, including without limitation any product or service offered, advertised or sold on or through any Linked Site. Mobius Wellness is not responsible for any product or service sold on or through this site or any claims of quality or performance made on or through this site, including any claims of quality or performance made on or through any Linked Site. You are advised that other sites on the Internet, including without limitation Linked Sites and sites that link to this site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Mobius Wellness expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site or any site that links to this site.

FDA Disclaimer

Any and all statements made on the website in regard to Cannabinoid products are not expressed as medical claims. Our intention is to educate, not to suggest results nor to encourage action on the part of the reader. Mobius Wellness is not responsible for, and expressly disclaims all liability for, damages of any kind arise out of use, reference to, or reliance on any information contained within the site. The information contained within the site is periodically updated, there is no guarantee to the accuracy of the information. Nothing on this site is intended to operate as legal advice, please seek your own legal advice.

The statements and products referred to throughout this site have not been evaluated by the FDA. They are not intended to diagnose, treat, cure or prevent any disease or condition. If you have a health condition or concern, consult a physician or your health care provider. Always consult a medical doctor before modifying your diet, using any new product, drug, supplement, or doing new exercises. We recommend you educate yourselves on the scientific / nutritional facts.

Limitation of Liability

IN NO EVENT SHALL MOBIUS WELLNESS, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, CONTRACTORS, AGENTS, AFFILIATES, SUPPLIERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITES OR THE MATERIALS, SERVICES AND OR PRODUCTS CONTAINED IN, OR ACCESSED THROUGH, THE WEBSITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MOBIUS WELLNESS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MOBIUS WELLNESS RECORDS, PROGRAMS, OR SERVICES.

Liability Cap.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR COMPANY PARTIES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

USERS ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THAT THE SERVICE WOULD NOT BE PROVIDED ABSENT SUCH LIMITATIONS.

Indemnification

You agree to defend, indemnify and hold harmless Mobius Wellness, its independent contractors, affiliates, service providers and consultants, and their respective and/or its employees, officers, directors, agents, independent contractors, service providers, or consultants, from and against any third party claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorney's fees) arising from any service provided or performed or agreed to be performed or any product sold by Mobius Wellness or its Affiliates or your use of the Websites and any discussion forums or interactive areas contained herein, including without limitation any actual or threatened suit, demand, or claim made against Mobius Wellness and/or its employees, officers, directors, agents, independent contractors, service providers, or consultants, arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of the rights of any third party.

Applicable Law

These Website Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois for all purposes, including Websites, use of Services, Interactive Areas and product purchases, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Website Terms of Use or your use of the Websites shall be filed only in the state and federal courts located in Cook County, Illinois and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of or relating to these Website Terms and Conditions or your use of the Websites.

Dispute Resolution

In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms of Use, the use of this site or information obtained through this site, or any other claims, disputes, or controversies arising out of or relating to this site, (the “Dispute”), you agree to resolve any Dispute by submitting the Dispute to mediation. Any party to the Dispute may commence mediation by providing a written request for mediation to all parties concerned, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with one another in selecting a mediator, and in scheduling the mediation proceedings promptly, not later than thirty (30) days after such request for mediation. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

If the Dispute is not resolved through mediation, then it shall be submitted to ADR Firm, or its successor, for final and binding arbitration pursuant to the then-current form of Arbitration Rules & Procedures (the “Rules”) before one arbitrator, selected by the agreement of the parties and, failing such agreement within thirty (30) days of the Dispute being submitted for arbitration. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, any arbitration initiated under this clause shall be conducted by a single arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney fees, to be paid by the party against whom enforcement is ordered.

THE REQUIREMENT TO ARBITRATE MEANS YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY.

No party to any mediation or arbitration under this clause shall be required to participate in any mediation or arbitration proceeding that involves more than one adverse party. The mediation or arbitration of any Dispute shall not be joined or consolidated with the mediation or arbitration of any other Dispute, even if such other Dispute relates to, arises out of or raises similar factual or legal claims.

Termination

Notwithstanding any of these terms and conditions, Mobius Wellness reserves the right, with or without cause, without notice and in its sole discretion, to terminate your license to use any of the Websites, and to block or prevent future access to and use of any of the Websites.

Severability

If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Waiver

Our failure to exercise or enforce any right or provision of the Terms of Use or other legal notices posted on the Websites shall not constitute a waiver of such right or provision. No waiver of any of these Terms of Use or of any other legal notices posted by Mobius Wellness on the Websites shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Assignment

Mobius Wellness may assign its rights and duties under this Agreement to any party at any time without notice to you and/or your approval.

Questions & Contact Information

General questions or comments about the Websites and the Mobius Wellness Service may be directed to the Mobius Wellness Customer Service department through our Contact Us Page, by phone at 630-986-1700, or by postal mail to Mobius Wellness at the address listed below.

Notice

Mobius Wellness may deliver notice to you under this Agreement by means of electronic mail, a general notice on this Website, or by written communication delivered by first class U. S. mail to your address on record with Mobius Wellness. You may give notice to Mobius Wellness at any time via electronic mail or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

Mobius Wellness
260 Shore Ct
Burr Ridge, IL 60527
Electronic Mail: Through our Contact Us Page