Terms of Use
Last revised and updated on March 07, 2025
These TERMS OF USE (these “Terms”) are entered into between Wellkula Brand, Inc. and its affiliates and subsidiaries (collectively, “Wellkula Brand”, “us”, “we”, or “our”) and you or, if you are accessing or using the Offerings on behalf of another individual, organization, or entity (“Entity”), that Entity (in either case, “you” or “your”).
These Terms incorporate by reference our Privacy Statement, which sets forth, among other things, the categories of private information we collect from you, how we use that information, and the parties with whom we may share it. Please review our Privacy Statement before agreeing to these Terms.
In addition to any other terms you may agree to in connection with such Offerings, these Terms apply to:
All websites, mobile applications, blogs, or platforms (collectively “Sites”) that link to or otherwise incorporate these Terms and are provided by Wellkula Brand, including any specialized offerings such as our Cooking School and Forks Meal Planner;
All books, magazines, motion pictures, subscriptions, programs, services, and other products made available for order on or through the Sites, including our Cooking School and Forks Meal Planner (collectively, the “Products”);
All content and other materials available through the Sites or Products, including—without limitation—any Wellkula Brand logo, designs, text, graphics, pictures, information, data, recipes, software, sound files, User Content (as defined below), and the selection and arrangement thereof (collectively “Content”); and
Your participation in any Wellkula Brand events or programs (“Events”).
In these Terms, the Sites, Products, Content, and Events are collectively referred to as the “Offerings.”
IMPORTANT: THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU (OR THE ENTITY ON WHOSE BEHALF YOU ACCESS THE OFFERINGS) AND WELLKULA BRAND. PLEASE READ THEM CAREFULLY BEFORE ACCESSING OR USING ANY OFFERINGS. BY ACCESSING OR USING ANY OFFERINGS, OR BY CLICKING “I AGREE” TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE ANY OFFERINGS.
These Terms contain provisions governing the resolution of disputes between you and Wellkula Brand, including a binding arbitration clause and a class action waiver. In particular, the arbitration agreement in Section 15 will, with limited exceptions, require disputes between you and Wellkula Brand to be submitted to binding and final arbitration (unless you opt out). In addition: (1) you will only be permitted to pursue claims against us on an individual basis and not in any class or representative proceeding; and (2) you are waiving your right to seek relief in a court of law and your right to a jury trial.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us regarding any Offerings. Wellkula Brand reserves the right to change or modify these Terms at any time and at our sole discretion. Should we make changes to these Terms, we will provide notice—such as by sending an email notification, providing notice through the Sites, and/or updating the “last revised and updated” date at the beginning of these Terms. By continuing to access or use the Offerings, you confirm your acceptance of the revised Terms and all terms incorporated herein by reference. We encourage you to review these Terms frequently to ensure you understand the terms and conditions that apply when you access or use the Sites or place orders, receive, or use the Products. If you do not agree to the revised Terms, you must not access or use the Sites, or place orders, or receive or use the Products or services we offer.
THE SITE AND SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY.
WELLKULA BRAND DISCLAIMS ALL RESPONSIBILITY FOR ANY LIABILITY, LOSS, OR RISK, PERSONAL OR OTHERWISE, INCURRED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF THE USE AND/OR APPLICATION OF ANY OFFERINGS OR SERVICES, INCLUDING ANY INFORMATION ON THE SITES AND ANY CHANGE IN A SUBSCRIBER’S DIET. THE OFFERINGS MAY INCLUDE HEALTH, DIET, AND MEDICAL-RELATED INFORMATION DESIGNED SOLELY FOR NON-COMMERCIAL, INFORMATIONAL PURPOSES. YOU SHOULD NOT RELY ON ANY INFORMATION PROVIDED BY THE OFFERINGS AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE HEALTH OF ANOTHER PERSON, OR THE CONTENT OF THE OFFERINGS, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM A HEALTHCARE PROFESSIONAL BASED ON SOMETHING YOU MAY HAVE READ ON THE SITES OR THROUGH THE OFFERINGS. THE USE OF ANY INFORMATION PROVIDED ON THE SITES OR THROUGH THE OFFERINGS IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY OFFERING IS INTENDED TO BE, AND MUST NOT BE CONSIDERED, THE PRACTICE OF MEDICINE OR COUNSELING. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS, NUTRITION, AND OTHER MEDICAL CARE TOPICS DISCUSSED ON THE SITES OR THROUGH THE OFFERINGS, AND NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED THEREIN WILL ALWAYS REFLECT THE MOST RECENT FACTS, FINDINGS, OR DEVELOPMENTS. WE DO NOT RECOMMEND, ENDORSE, OR CONFIRM THE ACCURACY OR APPROPRIATENESS OF ANY SPECIFIC TESTS, PHYSICIANS, CLINICS, PROCEDURES, OPINIONS, PRODUCTS, OR OTHER INFORMATION THAT MAY APPEAR ON THE SITES OR THROUGH THE OFFERINGS. IF YOU RELY ON ANY INFORMATION PROVIDED BY THE SITES, THE OFFERINGS, OUR EMPLOYEES, GUESTS, OR OTHER USERS, YOU DO SO AT YOUR OWN RISK.
1. Eligibility
The Sites are not targeted toward or intended for use by anyone under the age of 13. By using the Sites, you represent and warrant that you:
(a) are 13 years of age or older (or the applicable age of maturity in your country),
(b) have not been previously suspended or removed from the Sites or engaged in any activity that could result in such suspension or removal,
(c) do not maintain more than one Wellkula Brand account, and
(d) possess full power and authority to enter into these Terms, grant the rights and licenses described herein, and ensure that doing so will not violate any other agreement to which you are a party.
2. Prohibited Activities
You acknowledge and agree that the Sites and Offerings contain proprietary and confidential information protected by applicable intellectual property and other laws, and that such information is the sole property of Wellkula Brand or our content providers. Unless otherwise specified in writing, the Offerings are for your personal and non-commercial use only. In connection with your use of the Sites and/or Offerings, you agree that you will not:
(a) Copy, reverse engineer, reverse assemble, or otherwise attempt to discover the source code; distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained through the Sites or Offerings;
(b) Use any robot, spider, site search or retrieval application, or other device to crawl, scrape, database scrape, screen scrape, harvest, gather, extract, retrieve, or index any portion of the Offerings;
(c) Use any text, code, image, audio, or other content from any portion of the Offerings for data set creation, analysis, or manipulation (including “data mining” or “text and data mining”) and/or in connection with the development or operation of any software program (including, but not limited to, any artificial intelligence or machine learning model, software, or process such as training, fine-tuning, embedding, etc.), whether directly or indirectly, including through a third party (including any third-party dataset created in any part by prohibited means);
(d) Post or transmit any material containing a virus or corrupted data;
(e) Delete any author attributions, legal notices, or proprietary designations or labels;
(f) Violate any applicable local, state, national, or international law, rule, or regulation, or use the Sites and/or Offerings for any purpose prohibited by these Terms;
(g) Manipulate or otherwise display the Sites and/or Offerings by using framing or similar navigational technology;
(h) Register, subscribe, or unsubscribe any party for any Wellkula Brand product or service if you are not expressly authorized by that party to do so;
(i) Use the Sites and/or Offerings in any manner that could damage, disable, overburden, or impair Wellkula Brand’s servers or networks or interfere with any other user’s use and enjoyment of the Sites and/or Offerings;
(j) Gain or attempt to gain unauthorized access to any of the Sites, Offerings, accounts, computer systems, or networks connected to Wellkula Brand through hacking, password mining, or any other means;
(k) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or Offerings, or harvest or otherwise collect information about other users without their consent;
(l) Use the Sites in any manner that could damage, disparage, or otherwise negatively impact Wellkula Brand; and
(m) Without limiting the generality of the foregoing, copy or reproduce any services, programs, products, information, or materials provided by Wellkula Brand to any other server or location for further reproduction or redistribution is expressly prohibited.
3. Registration, Account, Electronic Communications, Mobile Service
3.1 Registration and Account
In order to access and use certain areas or features of the Sites, you must register for a Wellkula Brand account (“Account”). Approval of your request to establish an Account is at the sole discretion of Wellkula Brand. Each Account, along with the user identification and password for that Account (the “Account ID”), is personal in nature and intended solely for your personal use. You may not distribute or transfer your Account or Account ID or grant any third party the right to access your Account or Account ID. You are solely responsible for all activity that occurs through your Account. You must ensure the security and confidentiality of your Account ID and notify us immediately if your Account ID is lost, stolen, or otherwise compromised. Any transactions completed through your Account or under your Account ID will be deemed to have been lawfully completed by you.
In connection with establishing an Account, you may be asked to provide certain information about yourself (“Account Information”). You agree that:
All Account Information you provide will be accurate, current, and complete; and
You will maintain and promptly update your Account Information to keep it accurate, current, and complete.
You may not:
(a) Select or use an Account ID belonging to another person with the intent to impersonate that person; or
(b) Use an Account ID that we, at our sole discretion, deem offensive.
3.2 Electronic Communications.
By creating an Account, unless you advise us otherwise, you also consent to receive electronic
communications from Wellkula Brand (e.g., via email or by posting notices to the Sites). These
communications may include notices about your Account (e.g., payment authorizations, password
changes, and other transactional information) and are part of your relationship with us. You agree that
any notices, agreements, disclosures, or other communications that we send to you electronically will
satisfy any legal communication requirements, including, but not limited to, that such communications
be in writing. You should maintain copies of electronic communications from us by printing a paper copy
or saving an electronic copy. We may also send you promotional communications via email, including,
but not limited to, newsletters, special offers, surveys, and other news and information we think will be
of interest to you. You may opt out of receiving these promotional emails at any time by following the
unsubscribe instructions provided therein.
4.1 Collections Purchase & Cancellation Policy
Wellkula offers four main collections available for purchase: Merchandise, eBooks, Courses, and Plant-Based Meal Plans (each, a “Collection”). Please note that the Plant-Based Meal Plans provide meal planning suggestions and recipes only and do not include the delivery or provision of ingredients.
Purchases from any Wellkula Collection require payment at the time of checkout. For digital products such as eBooks, Courses, and Meal Plans, you will receive electronic access upon successful payment. Merchandise items will be shipped based on your selected delivery preferences and availability.
Prices for all Collections are subject to change at our sole discretion and may include applicable taxes and fees.
You may manage or cancel any pending orders (where applicable), or update your account settings and preferences through our website. YOU ARE RESPONSIBLE FOR ALL CHARGES (INCLUDING TAXES AND OTHER FEES, IF APPLICABLE) INCURRED BEFORE ANY CANCELLATION TAKES EFFECT.
4.2 Free Trial.
We may offer a free trial for a limited period of time (“Free Trial”). You may be required to enter your
billing information in order to sign up for the Free Trial. If you do enter your billing information when
signing up for the Free Trial, you will not be charged until the Free Trial has expired. On the last day of
the Free Trial period, unless you canceled your Subscription, you will be automatically charged the
applicable Subscription fees for the type of Subscription you have selected.
4.3 Payment and Billing Information.
By providing a credit card or other payment method that we accept, you represent and warrant that you
are authorized to use the designated payment method and that you authorize us (or our third-party
payment processor) to charge your payment method for the total amount of your Subscription or other
purchase (including any applicable taxes and other charges).
4.4 Pricing and Availability.
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, will be charged in addition to the prices shown on the Sites. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice.
If you become aware that the Site or any Offering contains inaccurate information, please
contact us at wellkula@drbhanote.com. If you provide recommendations, suggestions, improvements, or other feedback (collectively, “Feedback”), you agree
that we will have a license and royalty-free, worldwide, perpetual, and irrevocable right to use and
incorporate such Feedback into the Offerings without restriction.
4.5 Taxes
We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
4.6 Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. When you purchase a Product from Wellkula, any shipping times shown on the Sites are estimates only. Actual delivery dates may vary. You agree that you will not obtain or direct shipment of a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third-party courier.
4.7 Deliveries
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. You should always inspect your delivery to confirm that the product has arrived in good condition. If you have any reason to believe that any Product in your delivery is not suitable for consumption or differs from what you ordered, please contact us at wellkula@drbhanote.com. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery and follow the U.S. Department of Agriculture’s ("USDA") instructions on refrigeration and food safety.
If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.
4.8 No Resale
Our Products are for your personal use and consumption only. You are not permitted to resell, distribute, or otherwise use the Products for commercial purposes.
4.9 Returns, Replacement
If you are dissatisfied with a Collection for any reason, please contact us at wellkula@drbhanote.com. Certain items may not be returnable unless required by law. If we choose to issue a full or partial refund, it will be credited to the original payment method used. Return and refund policies vary by collection as follows:
(a) Merchandise
In cases of manufacturing defects or damage during shipping, branded merchandise may be returned in the same condition as received. Please notify us in writing within thirty (30) days of the purchase date. We will replace any defective items in their original packaging upon inspection and confirmation of the issue.
(b) eBooks
All eBook sales are final. These digital items are non-refundable and non-returnable once purchased and delivered.
(c) Plant-Based Meal Plans
All meal plans are delivered digitally and are non-refundable. If you experience issues accessing your plan or believe there has been an error in delivery, please contact us and we will do our best to resolve the matter promptly.
(d) Courses
Wellkula courses may be hosted by third-party platforms and are subject to those platforms’ terms and conditions in addition to these policies. Please refer to the specific course provider’s FAQ or support page for more details on their cancellation and return policies.
(e) Shipping: If you are sending a return item within the United States and the item is valued at $100 or more, insure the shipment for the value of the item and ship your return with a signature shipping service. Items valued over $35 must be returned with a trackable shipping service. For items below $35, we suggest USPS delivery confirmation service. If a package does not arrive and you do not use a trackable method to return or refuse the shipment as a method of return, we may not be able to process your return.
5.1 The Site
Subject to your compliance with these Terms, Wellkula will permit you to access and use the Site solely for lawful purposes and only in accordance with these Terms and any other agreement you agree to before being given access to any specific areas of the Site. Any additional agreement is in addition to these Terms and will govern your use of the Offerings to which the additional agreement applies.
5.2 Content
Unless otherwise noted on the Site, other than Your Content, all Content available through the Site is owned by Wellkula, users providing that Content, or our other Content providers. All Content is for informational purposes only, and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content. Subject to your compliance with these Terms, you may access the Content solely for your own personal and internal business purposes in connection with your own use of the Offerings.
You will not, and will not permit any third party to:
(a) alter, modify, reproduce, or create derivative works of any Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any Content; (c) alter, obscure, or remove any copyright, trademark, or any other notices that are provided on or in connection with any Content.
5.3 Content Sharing Guidelines
Wellkula may host public forums and social media pages where the Offerings may be provided. When posting, you will exercise good judgment and demonstrate integrity. You agree that you will not post or engage in rumors or misinformation.
You must not:
(a) Post malicious software or disrupt the Sites. (b) Post defamatory, harassing, or abusive content. (c) Post false or misleading information. (d) Share personal information of others without permission. (e) Post hateful, obscene, or offensive content.
We reserve the right to monitor and remove any content at our sole discretion.
5.4 Third-Party Offerings
The Sites may provide access to products and services from third-party providers. Wellkula is not responsible or liable for your access to or use of any Third-Party Offering. Any Third-Party Agreement will govern your use of those products and services, and Wellkula is not responsible for any loss, damage, or issues related to Third-Party Offerings.
8. Trademarks.
"Wellkula" and any other Wellkula trademarks, service marks, advertising and marketing materials, designs, names, logos, or slogans that may appear on the Offerings are trademarks owned by Wellkula and its respective Suppliers. They may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any metatags or other "hidden text" utilizing "Wellkula" or any other name, trademark, product, or service name of Wellkula without our prior written permission. Additionally, the look and feel of the Offerings—including, without limitation, all page headers, custom graphics, button icons, and scripts—constitute the service mark, trademark, or trade dress of Wellkula and our Suppliers. These may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Sites or Products are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder.
9. Hyperlinks.
You are granted a limited, non-exclusive, non-transferable right to create a text hyperlink to the Sites for non-commercial purposes, provided that such link does not portray Wellkula or any of our Products in a false, misleading, derogatory, or otherwise defamatory manner. Additionally, the linking site must not contain any illegal, pornographic, offensive, harassing, or otherwise objectionable material. We may revoke this right at any time at our sole discretion. You may not use any Wellkula logo or other proprietary graphic to link to the Sites without our prior express written permission. Further, you may not use, frame, or utilize framing techniques to enclose any Wellkula trademark, logo, or other proprietary information—including images found on the Sites, Content, or Products, the content of any text, or the layout or design of any page or form contained on a page—without our express written consent.
Wellkula makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Sites or of websites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes, or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement, or adoption of any site or any information contained therein. When you leave the Sites, our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Sites.
10. Third-Party Content.
We may display content, advertisements, and promotions from third parties through the Sites or in shipments with Products (collectively, "Third-Party Content"). We do not control, endorse, or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and that Wellkula is not responsible or liable in any manner for such interactions or Third-Party Content.
For any inquiries regarding these Terms, please contact us at wellkula@drbhanote.com.
15.2 Applicable Law.
You and we agree that United States federal law including the Federal Arbitration Act, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of California, without regard to conflict of laws principles, will govern all Covered Dispute Matters. Such body of law will apply regardless of your residence or the location of where you use the Offerings.
15.3 OUR ARBITRATION AGREEMENT.
You and we agree that any dispute between us regarding this Agreement or the Offerings shall be submitted to binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Supplementary Procedures for Consumer-Related Disputes (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitration shall take place in Los Angeles County, California unless you and we agree to another location. You and we agree that the arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. You and we agree that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any part of these Terms are void or voidable or a particular claim is subject to arbitration. You and we agree that judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator’s decision will include a reasoned opinion setting forth the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. You and we agree that the arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this provision, however, shall bar or restrict either party from seeking injunctive or equitable relief in a court of competent jurisdiction.
15.4 WAIVER OF CLASS ACTION, COURT HEARING AND JURY
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (a) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (b) TO SERVE AS REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, AND (c) TO A TRIAL BY JURY EVEN IF ANY ARBITRATION IS NOT REQUIRED UNDER THESE TERMS.
15.5 LIMITATIONS PERIOD FOR YOUR CLAIMS.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE OFFERINGS OR THESE TERMS MUST BE FILED WITHIN 1 YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED
Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to suspend or terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
International Users.
The Sites and Offerings are intended for visitors located within the United States. We make no representation that the Sites or Offerings are appropriate or available for use outside of the United States. Access to the Sites and Offerings from countries or territories or by individuals where such access is illegal is strictly prohibited.
Survival.
The following sections will survive the expiration or termination of these Terms and the termination of your Wellkula account: all defined terms and Sections 1, 3, 4, 6, 8, 9 (second paragraph only), and 10 through 24.
Severability.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Export Compliance.
The Offerings may be subject to export laws and regulations of the United States and other jurisdictions. You represent that you are not named on any U.S. government denied-party list. You shall not use the Offerings in violation of any U.S. export law or regulation.
Force Majeure.
Neither party shall be liable under these Terms by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, pandemic, or any other cause beyond the reasonable control of such Party; provided, that: (i) the party affected by such force majeure event, as soon as reasonably practicable after obtaining knowledge of the occurrence of such event, gives the other prompt notice describing the event; (ii) the suspension of or extension of time for performance is of no greater scope and of no longer duration than is required by the force majeure event; and (iii) the party affected by such force majeure event uses all reasonable efforts to mitigate or remedy its inability to perform as soon as reasonably possible.
Notice to California Residents.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Offerings or to receive further information regarding use of the Offerings.
Assignment.
You may not assign your rights and obligations under this Agreement to any person or entity without our prior written consent. Wellkula may assign, sublicense or subcontract its rights and obligations under this Agreement at any time for any purpose. We may perform any of our obligations or exercise any of our rights under these Terms through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If Wellkula, its equity or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms.
Miscellaneous.
These Terms and our Privacy Statement constitute the entire agreement between you and Wellkula relating to your access to and use of the Offerings, including your order, receipt and use of Products. For any inquiries, contact us at wellkula@drbhanote.com.