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WESTBOURNE WEBSITE AND PRODUCT OR SERVICE PURCHASE TERMS AND CONDITIONS 

Introduction

The following terms and conditions (“Terms”) govern your use of, access to, and purchase of products or services from our online and mobile websites, platforms, and applications owned and operated by Be Westbourne LLC. (“Westbourne,” “we,” “us,” or “our”), including without limitation, www.westbourne.com (collectively, our “Website”). By using our Website, you agree to comply with and be bound by all of the Terms contained below and you acknowledge having read and understood the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

We reserve the right to change these Terms from time to time without notice. The date of the latest version of these Terms is indicated at the end of these Terms. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Westbourne may require you to provide consent to the updated Terms in a specified manner before further use of the Website is permitted. Your continued use of our Website after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. If you do not wish to be bound by these Terms, do not access our Website and do not purchase our products or services.

PLEASE BE AWARE THAT THIS AGREEMENT, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.  UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.


PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE

Responsible Use and Conduct

By visiting our Website and accessing and using the information, resources, services, and tools we provide for you, and purchasing our products or services, either directly or indirectly (our “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) these Terms, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

You further understand that:

  1. In order to access our Resources, you may be required to provide certain personal information about yourself (such as identification, contact details, etc.) as part of a registration process, as part of your ability to use the Resources, or your ability to buy our products or services. You agree that any information you provide will always be accurate, correct, and up to date.
  2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
  3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. Without limiting the foregoing, you agree not to reverse engineer, decompile or otherwise attempt to derive the source code of any Resources.
  4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  6. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  7. We may provide various open communication tools on our Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. (“Your Submissions”). You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
  8. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, hateful or contains any type of suggestive, inappropriate, or explicit language;
  9. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
  10. Contains any type of unauthorized or unsolicited advertising; or
  11. Impersonates any person or entity, including any Westbourne employees or representatives.

    We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with these Terms, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

    When you upload, post or otherwise provide Your Submissions on our Website, you grant to Westbourne a non-exclusive, royalty-free, fully paid, perpetual, worldwide, irrevocable and fully sub-licensable and transferable (in whole or in part) license under all copyrights, trademarks, privacy and publicity rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you.

    Products for Personal Use

    The products available on our Website, and any samples we may provide to you, are for personal use only. You may not sell or resell any of the products or samples you purchase or otherwise receive from us. By purchasing any product through us, you agree not to offer the products or samples for resale. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.

    Orders and Payment

    You agree to pay all fees or charges for all orders for products and services placed by you via the Website. You must provide Westbourne with a valid credit card accepted by us (“Payment Provider”) in order to make a purchase. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities.  By providing Westbourne with your credit card number and associated payment information, you agree that Westbourne is authorized to immediately invoice your credit card for all fees and charges due and payable to Westbourne hereunder and that no additional notice or consent is required.  You agree to immediately notify Westbourne of any change in your billing address or the credit card used for payment hereunder.  Westbourne reserves the right at any time to change its prices and billing methods, either immediately upon posting on Website or by e-mail delivery to you.

    No contract to sell any products exists between you and Westbourne until Westbourne accepts your order by confirmatory email or other appropriate means of communication.  All orders are subject to cancellation by Westbourne, even if previously accepted, in which case Westbourne will provide a refund of fees actually paid to the payment method you used to make such purchase.

    Taxes

    Westbourne’s prices for merchandise and products sold via the Website will include any applicable Sales Tax.  For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Westbourne is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

    When you order products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the products arrives at the destination that you specified.  Any charges for customs clearance must be borne by you, as Westbourne has no control over such charges and cannot foresee the amount charged (if any).  Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your products to get more information.  Please also be aware that you are considered the importer of record and must comply with all laws and regulations of such count. 

     

    Shipping and Handling; International Orders

    Title to Products will be shipped FOB our designated point of shipment and all risk of loss shall pass to you immediately upon our delivery of the Products to a common carrier. You are solely responsible for providing us with accurate shipping information and a valid phone number or email address. In the event that any Product is returned to us as a result of your failure to provide us with accurate shipping information, you shall be responsible for any additional shipping fees or other charges that may be applied to the return of the Product to us or in re-sending the Product to you.

    Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that cannot be delivered due to an address error, or orders seized by Customs.

    Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

    Free shipping promotions do not apply to international orders.

    Typographical Errors & Product Descriptions

    We work hard to provide accurate product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Westbourne shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation.

    Descriptions, images, references, features, content, specifications, products, price and availability of any products and services are subject to change without notice, and our current prices can be found on the Website. We make reasonable efforts to accurately display the attributes of our 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 any 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 through the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.

    Return Policy

    We accept returns of unopened, undamaged items within 14 days of delivery. To authorize a return, please contact ohhello@westbourne.com.

    Any product that arrives in a damaged condition may be eligible for a refund. To process a refund request, please email ohhello@westbourne.com within 14 days of receiving the damaged item. 

    If your refund request is outside of 14 days, we are unable to issue a refund or offer credit.

    If your shipment is returned to sender, we will contact you within 30 days and offer to reship your order or issue a full refund.

    With all refund requests, please be prepared to supply the order number and product number from your original confirmation email, as well as your email and phone number.

    How to Contact Us
    If you have any questions or comments about these Terms as outlined above, you can contact us via:

     

    You may also contact us at:

    Be Westbourne LLC

    8605 Santa Monica Blvd PMB 44425

    West Hollywood, CA 90069

    United States of America

    Notices to You.

    Where Westbourne requires that you provide an email address, you are responsible for providing Westbourne with your most current email address. In the event the last email address you provided to Westbourne is not valid, or for any reason, is not capable of delivering to you any notices required/permitted by the Terms, Westbourne’s dispatch of the email containing such notice will nonetheless constitute effective notice.

    Force Majeure

    Westbourne will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, epidemics, pandemics, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

     

    Not Healthcare Advice

    Our Website is not intended to provide medical advice, diagnosis or treatment. The Resources, including our products and services, provided on and through our Website, including information that may be provided on our Website directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options.

    You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product; before starting any diet or exercise program; or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and our products.

    Westbourne employees, consultants and agents may publicly describe their experiences with specific Westbourne products. Any comments made by such employees, consultants and agents that are not endorsed specifically by Westbourne are strictly their own personal views made in their personally capacity. These comments are not claims made by Westbourne nor do they represent the view or position of Westbourne.

    Privacy

    We’ve created a separate Privacy Policy in order to explain in detail how we collect, use, share, secure, and store your personal information. Our Privacy Policy is included under the scope of these Terms. To read our privacy policy in its entirety, click here.

    Disclaimer of Warranties

    By using our Website, you understand and agree that, except as provided in our Return Policy below, all Resources we provide are “as is” and “as available.” Westbourne makes no representations, guarantees, or warranties about the suitability, completeness, timeliness, reliability, legality, or accuracy of our Resources available on this website for any purpose, and expressly disclaims (to the fullest extent of the law) all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement. 


    This means that we do not represent or warrant to you that the:

    1. Use of our Resources will meet your needs or requirements.
    2. Use of our Resources will be uninterrupted, timely, secure or free from errors.
    3. Information obtained by using our Resources will be accurate or reliable, and
    4. Defects in the operation or functionality of any Resources we provide will be repaired or corrected.


    Furthermore, you understand and agree that:

      Any content downloaded or otherwise obtained using our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

      No information or advice, whether expressed, implied, oral or written, obtained by you from Westbourne or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.

     

    Limitation of Liability


    To the full extent allowed by applicable law and in conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the greater of $100 or the amount you paid, if any, for the use or purchase of our products and/or services. Westbourne will not be liable for any indirect, incidental, consequential, special or exemplary loss or damages which may be incurred by you as a result of using or purchasing our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime, whether foreseeable or not, and even if Westbourne had been advised of the possibility of such damages.


    Your sole and exclusive remedy for any claims or disputes involving us that are not waived by these Terms will be to discontinue your use of our Website and to seek a refund of the money you paid to us, capped in accordance with the prior paragraph.

    Indemnification

    You agree to indemnify and hold harmless Westbourne and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account; or (ii) your use of our Resources, including our products or services. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us. You may not settle any claim covered by this indemnification provision or admit any liability on the part of Westbourne without the company’s prior written approval.

    Copyrights/Trademarks

    Other than any content you or any third parties upload to the Website, all content and materials available on our Website, including but not limited to text, graphics, site name, code, images and logos are the intellectual property of Westbourne, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on our Website is strictly prohibited, unless specifically authorized by Westbourne.

    Termination of Use

    You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Resources with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

    Governing Law

    These Terms and any action related thereto will be governed and interpreted under the laws of California, without regard to the conflict of laws. The United Nations Convention on the International Sales of Goods, will not apply to any matters relating to the use of our Website and the purchase of any products or services through it.

     

    Dispute ResolutionPlease read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully.  It requires you to arbitrate disputes with Westbourne and limits the manner in which you can seek relief from us. 

    • Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, the Resources, any products purchased via the Website or to any aspect of your relationship with Westbourne, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Westbourne may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the Effective Date of these Terms or any prior version of these Terms. 

      Arbitration Rules and Forum.The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our us at Be Westbourne, LLC, 8605 Santa Monica Blvd PMB 44425, West Hollywood, CA 90026.  The arbitration will be conducted by JAMS, an established alternative dispute resolution provider.   Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.  JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267.  If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.  If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Westbourne will pay them for you.  In addition, Westbourne will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. 

    You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

      Authority of Arbitrator.  The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Westbourne.   The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us. 

      Waiver of Jury Trial.  YOU AND Westbourne HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Westbourne are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in subpart(a) above.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would.   However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.  

      Waiver of Class or Other Non-Individualized Relief.  ALL CLAIMS, DISPUTES, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, than then claim must be severed from the arbitration and brought into the State or Federal Courts located in Los Angeles, California.  All other claims, disputes or requests for relief shall be arbitrated. 

      30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Be Westbourne, LLC, 8605 Santa Monica Blvd PMB 44425, West Hollywood, CA 90026 or: ohhello@westbourne.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Westbourne username (if any), the email address you used to set up your Westbourne account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

      Severability.Except as provided in subpart (e), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

      Survival of Agreement.This Arbitration Agreement will survive the termination of your relationship with Westbourne.

      Modification.Notwithstanding any provision in this Agreement to the contrary, we agree that if Westbourne makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30 days of such change becoming effective by writing Westbourne at the following address: Be Westbourne, LLC, 8605 Santa Monica Blvd PMB 44425, West Hollywood, CA 90026.

    Entire Agreement; Severability; No Waiver

    These Terms and any policies that we post on our Website, constitute the entire agreement between you and Westbourne with respect to the subject matter of these Terms and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Westbourne with respect to such subject matter. If any provision of these Terms is deemed unlawful, void or unenforceable, the remaining provisions will remain in place and the invalidated provision will be deemed replaced by an enforceable provision that most closely reflects the intent of you and Westbourne.


    Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.