Terms & Conditions

Welcome to the Mowellens™ website and related interactive features, products, services, applications or downloads (collectively, the “Website”) that is owned by Mowellens, LLC and Bora Wellness LLC (“Mowellens,” “we” and “us”). By using our website you are accepting the practices described in these terms and conditions (“terms”) and our privacy policy. If you do not agree to these terms, you may not use this website. We reserve the right to modify or amend these terms from time to time without notice. Your continued use of our website or any affiliate website following the posting of changes to these terms will mean you accept those changes. Additional terms and conditions may apply to the order, collection, or processing of a test or specimen. By using this Website, you agree to such terms and conditions.

Acceptable Use
You agree not to reproduce, publish, or distribute data or content in connection with the Website that infringes any third party’s trademark, copyright, patent, trade secret, publicity, privacy, or other personal or proprietary right.You agree not to copy or distribute in any medium any part of the Website without prior written authorization. You agree not to alter or modify, or attempt to alter or modify, any part of the Website, including any of Mowellens’ related technologies, or create derivative works or other products or services based upon the Website. You agree not to use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. You agree not to: (i) take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website, or (iii) bypass, circumvent, disable or otherwise interfere any measures we may use to prevent or restrict access to the Website. Any unauthorized use of our computer systems is a violation of these Terms. You acknowledge that your activities using the Website may be tracked and are subject to audit. You agree not to use the Website in any way for unlawful purposes or that constitutes or encourages any unlawful activities or to take any action that would render the operation or use of the Website by Mowellens™ or any other user unlawful.

Accuracy of Information
We attempt to ensure that information on the Website is complete, accurate and current. We may make changes to information on the Website, including but not limited to the availability of any product or service, without notice. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Website. For example, products included on the Website may be unavailable, or may have different attributes than those listed the Website.

Not Medical Advice
Information provided on the website about products, conditions, diagnoses, treatments, or any other information is not medical advice. This website contains general information about diet, health and nutrition. The information is not advice and should not be treated as such. The website does not provide medical or diagnostic services or prescribe medication. Products or any other information are not a diagnosis, treatment, or protocol for any disease or condition.

FDA Disclosure
The statements made regarding these products have not been evaluated by the food and drug administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure, or prevent disease. All information presented here is not meant as a substitute for or alternative to information from a licensed health care practitioner. Please consult your health care professional about potential interactions or other possible complications before using any product. The federal food, drug, and cosmetic act requires this notice.

Not a Substitute for Professional Judgment
Use of the website is not a substitute for the professional judgment of health care professionals in diagnosing and treating patients. You acknowledge your sole responsibility for obtaining medical advice from a licensed health care professional. For health care professionals, you acknowledge your sole responsibility for medical decisions or actions with respect to the medical care, treatment, and well-being of your patients, including, without limitation, all your acts or omissions in treating the applicable patient. Any use or reliance by you upon the website shall not diminish that responsibility. You acknowledge and agree that product results are through no fault of Mowellens™. You assume all risks associated with your use of the website.

Copyright, Trademark, Ownership
All of the content displayed on the Website, including without limitation trademarks, service marks, text, site design, logos, button icons, banners, Java codes, multimedia clips, graphics, icons, HTML, codes, software, images, graphics, photographs, moving images, sound, and illustrations (“Content”), as well as assembly and arrangement thereof, is owned by Mowellens™, its licensors, agents or its Content providers. All elements of the Website, including, without limitation, the Website’s general design, Mowellens™ trademarks, service marks, trade names (including Mowellens™ name, logos, the Website name, and the Website design), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which it is being made available. Except as may be otherwise indicated on the Website, you are authorized to view, print and download documents, audio and video found on our Website for personal, informational, and non-commercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or Mowellens’ trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Mowellens’ prior written consent. The use of Mowellens’ trademarks on any other Website is not allowed. Mowellens™ prohibits the use of Mowellens’ trademarks as a “hot” link on or to any other Website unless establishment of such a link is approved in advance. The Website, its Content and all related rights shall remain the exclusive property of Mowellens™ or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.

Links
Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. From time to time, this Website may contain links to third-party websites that are not owned, operated or controlled by Mowellens™ or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other websites. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

Disclaimers; Limitation on Liability
Your use of this website is at your own risk. The information, materials, products and services provided on, through, or in connection with the website or otherwise provided by us are provided “as is” without any warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, security, non-infringement of intellectual property, freedom from computer virus, or warranties arising from course of dealing or course of performance. To the fullest extent permitted by applicable law, we hereby disclaim all warranties of any kind, either express or implied, with respect to the website and any products and services listed or described on the website. We do not represent or warrant that the website or any information or products or services we provide will be uninterrupted or error-free, that defects will be corrected, or that the website is free of viruses or other harmful components. We do not make any warranties or representations regarding the completeness, correctness, accuracy, adequacy, usefulness, timeliness or reliability of the website or any information or products or services we provide, or any other warranty, the information, materials, products and services provided on or through the website may be out of date, and neither Mowellens™ nor any of its affiliates makes any commitment or assumes any duty to update such information, materials, products or services. 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 applicable law.

The information presented on the website does not guarantee any insurance, incentive, or other benefits will be paid.

No advice or information, whether oral or written, obtained from Mowellens™ or Mowellens’ website, products and services will create any warranty not expressly made herein.

Mowellens™ does not assume any responsibility for and will not be liable, for any damage to or any virus that may infect your computer, equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of or accessing any materials from the website. In no event will Mowellens™, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this website, any websites linked to this website, or the materials, information, products or services contained on or provided in connection with the website, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by applicable law.

In the event of any problem with the website, you agree that your sole remedy is to cease using the website.

Force Majeure
Mowellens™ is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Indemnity
You agree to defend, indemnify and hold Mowellens™, any parent companies, subsidiaries and affiliates and the successors of each of the foregoing, and the officers, directors, agents, and employees of each of the foregoing, harmless from any and all claims, actions, proceedings, losses, liabilities, damages, obligations, costs, debt, and expenses (including attorney’s fees, litigation expenses and settlement amounts) arising from or related to (i) your use of, or inability to use, the Website or your placement or transmission of any message or information on the Website by you or your authorized users; (ii) your violation of any term or condition of these Terms, including without limitation, your breach of any of the representations and warranties; (iii) your violation of any third-party rights, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information or material that you provide to Mowellens™; or (vi) any negligence or willful misconduct by you.

Release
In the event that you have a dispute with another user or other party related to the Website, you release Mowellens™ (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Termination
Mowellens™ may suspend or terminate your use of this Website at any time, for any reason or for no reason, without notice. We may also block your access to our Website in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

Mowellens™ reserves the right to change, suspend or discontinue any aspect of the Website or any services or products offered at any time, without notice and at its sole discretion. Mowellens™ will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website, or any product or service, or any portion thereof.

Representations and Warranties
You affirm, represent and warrant the following: (i) you are old enough in your location to enter into a binding contract with Mowellens™ and have the right and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) if necessary you have obtained all authorizations and consents of each and every individual who is the subject matter of testing, drug monitoring or other services offered or whose name or likeness is used in the manner contemplated by the Website and these Terms; (iv) you have read, understood, agree with, and will abide by the terms and conditions of this agreement; (v) Mowellens™ or your use of any information you have submitted, or use of any test results or other information provided through Mowellens™ services or products will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity and will not constitute, in whole or in part, any other act or omission that could give rise to civil and/or criminal liability.

Ability to Accept Terms of Use
You represent and warrant that (a) you have full power and authority to enter into and perform this Agreement; (b) the execution and delivery of this Agreement has been duly authorized by you; and (c) these Terms of Use are valid and binding obligations of you, enforceable against you in accordance with its terms.

Privacy
Information collection and use, including the collection and use of personally identifiable information, is governed by our Privacy Policy which is incorporated into and is a part of these Terms.

Mobile Message Service Terms and Conditions
Your use of the Mowellens Message Service (the “Service”) constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers from [insert Company Name] via text messages through your wireless provider to the mobile number you provided. Message frequency is recurring. Text the single keyword command STOP to cancel at any time. You’ll receive a one-time opt-out confirmation text message. If you have subscribed to other Mowellens mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, email info@mowellens.com.We may change any short code or telephone number we use to operate the Service at any time. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you change your mobile phone number, you agree to opt out of the Service prior to changing your mobile number. You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own. You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. The Mowellens mobile message service (the “Service”) is operated by Mowellens (“Mowellens”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. By consenting to Mowellens’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Mowellens through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Mowellens. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time. Text the single keyword command STOP to +1 (855) 904-2977  or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Mowellens mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (855) 904-2977 or email info@mowellens.com. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

General
Any claim arising out of or relating to the use of, this Website and the materials contained herein is governed by the laws of the State/Commonwealth of California, without regard to its choice of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in California. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. Any and all disputes directly or indirectly arising out of or related to the Terms of the Website will be resolved individually, without resort to any form of class actions. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorney’s fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Any cause of action or claim you may have directly or indirectly arising out of or related to the Terms or the Website must be commenced within one (1) year after the claim or cause of action arises. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent as other business documents originally generated and maintained in printed form. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website.

We do not guarantee continuous, uninterrupted or secure access to our Website, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be assigned by Mowellens™ in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Whenever used in these Terms of Use, unless otherwise specified the terms “includes”, “including”, “e.g.”, “for example”, “such as”, “for instance” and other similar terms are deemed to include the term “without limitation” immediately thereafter. In resolving any dispute or construing any provision hereunder, there will be no presumptions made or inferences drawn because one of the parties (or its representatives) drafted these Terms of Use; and each party hereby waives application of, or any rights under, any law that would require the interpretation of any ambiguities in these Terms of Use against the party that drafted it. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms are the entire agreement between you and Mowellens™ with respects to the subject matter hereof and supersede any prior understandings or agreements (written or oral). Any provision that must survive in order to give proper effect to its intent (e.g., indemnity, general, limitations on liability, disclaimers, representations and warranties, etc.) Shall survive the expiration or termination of these Terms. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

All rights not granted herein are expressly reserved to Mowellens™, LLC and Bora Wellness, LLC a California Limited Liability Company.