LAST UPDATED: October 31th 2020
Contact customer service for any reason at Contact@havesexwell.com. Customer service will be closed on all major holidays.
Member User Agreement
Read Terms and Conditions before placing Your order for SexWell products. By placing Your order, you agree to be bound by the following Terms and Conditions:
You further agree not to use or access the Website if doing so would violate the laws of Your state, province or country. At the bottom of this page appears a last modified date. If the last modified date remains unchanged, then You may presume that no changes have been made since the last modified date. A changed last modified date indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
Product Disclaimer: I understand the statements regarding these products have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
I understand the information on this Web site or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care.
I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that SexWell Spark is not intended or to be used to treat any type of medical condition.
WARNING: Consult a physician before using this product if You have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications.
SexWell Spark Purchase Terms and Conditions:
Please take a few minutes to read the following, as by concluding your Purchase of SexWell Spark you automatically accept the following terms and conditions.
We are confident you will see the benefits of using our SexWell Product. You are taking the next step toward a more Sexually active you!
Upon concluding your purchase, the credit/debit card you provide will be charged a One-time fee equivalent to the price as quoted related to the package you select. You will always be quoted a complete price inclusive of the product, shipping & handling — and this is the charge that will appear on your credit card. You will only ever be charged the quoted purchase price this one time, and you will never receive any future product or charges from us.
If you feel SexWell Product is not for you for any reason, simply contact us within 30 days from the order date to get A full refund.
All fees are payable in United States currency. You will be billed, and you will be required to pay, all applicable charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of SexWell products in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), SexWell reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or receipt of the SexWell Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Upon confirming your order, you will be shipped SexWell products. Orders are shipped within 24 hours (Monday through Saturday) using our standard USPS First Class shipping method and delivery generally takes as little as 3-5 days depending on your geographic location. Please be advised that shipments are not sent on Sundays or any USPS Holidays. SexWell does not guarantee specific arrival dates or times.
PLEASE CONTACT email@example.com FOR SHIPMENTS NOT RECEIVED WITHIN 5 DAYS. REFUNDS WILL NOT BE ISSUED FOR SHIPMENTS CLAIMED AS UNDELIVERED IF NOT REPORTED WITHIN 14 DAYS.
When an incorrect or invalid shipping address is provided at time of order:
Contac Customer Service: 7 days a week, with the exception of all major holidays.
1) Please do not return any product to us.
2) If you do not receive your shipment within 5 working days from the date you place your order, please contact us immediately so we can address the situation appropriately.
- We refund all cases of fraud and unauthorized transactions inclusive of all shipping and handling charges. Additional refunds are issued at the discretion of the company. Please contact directly at firstname.lastname@example.org if you suspect any fraud or unauthorized transactions may have taken place.
- We reserve the right to replace any damaged products in lieu of refunding them at the discretion of the company.
- In instances where a refund is warranted and agreed to by the company, customers are restricted to receiving a single refund per product ordered. Multiple refunds for purchases processed in multiple months are not permitted – i.e. We will only consider refunding the most recent months transaction and never multiple past months.
- We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith.
- In order to request a refund, you must contact Our Customer Service Departmentat email@example.com.
- Once an RMA notice has been issued to you, you will automatically receive an RMA email confirmation and authorization.
TO BE ELIGIBLE FOR A REFUND:
Customer has 30 days from the time of purchase. After 30 days, the purchase is final and no refund are accepted.
TO OBTAIN MULTIPLE REFUNDS.
Credit Card Declines
In the event a credit card transaction declines, after product has been shipped or received, and you have not exercised your cancellation rights per the terms and conditions, we reserve the right to reprocess the transaction in full. This includes the right to resubmit the charge on or about every seven (7) days from the original declined transaction date and up to three (3) additional attempts thereafter. In the event of subsequent credit card declines, you authorize us to resubmit a reduced amount from one-half (1/2) or one-third (1/3) of the full purchase price until the full amount is obtained.
Contact Customer Care at firstname.lastname@example.org, if you have additional questions regarding credit card declines.
Damaged or Incorrect items
In the event that your order arrives damaged, or you receive the wrong item, please contact our Customer Service Department at email@example.com.
In the event of a damaged order, we will ship a replacement order promptly.
If you have ordered incorrectly, we will ship the correct item once we have received the return of the incorrect product.
All damaged orders must be reported within ten (10) business days of delivery.
Damaged orders not reported within ten (10) business days of delivery confirmation cannot be adjusted or credited.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SexWell DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENT SHALL SexWell Spark OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES,UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECIVELY, CLAIMS) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMERS USE OF THE WEBSITE OR ANY PRODUCT. SexWell Spark ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PREMIUM CBD TINCTURE WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; PREMIUM CBD TINCTURE FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS,MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. SexWell DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY PREMIUM CBD TINCTURE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
You agree that PREMIUM CBD TINCTUREs’ entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to SexWell in the one (1) month period immediately preceding the incident on which Your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether SexWell was aware of or advised in advance of the possibility of damages or such CLAIMS. You understand that this is a significant limitation on your right to sue Company and you should not proceed if you do not agree. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
CONSENT TO RECEIVE EMAILS FROM US
If you sign up via any of our opt-in forms, or make a purchase from any of our websites, we will send you emails anywhere from one to three times a week. These emails can be comprised of order confirmation, shipping confirmation, announcement type emails &/or our newsletter and informational emails that we send out regularly. Typically, in our emails you will find relevant information that is related to the purchase you made with us, and the newest tips, tricks, and information related to the products you have purchased. Please remember that if you no longer wish to hear from us, you can simply unsubscribe at any time using the link in the footer of any email that we send you.
REPRESENTATIONS; PRODUCT DISCLAIMERS
SexWell products is committed to improving the well-being of our customers by providing safe and effective wellness products made with the highest quality ingredients. You understand, however, that Our Products have not been evaluated by the Food and Drug Administration, and Our Products are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or in emails is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care.
You understand that You should not use this information to diagnose or treat any health problems or illnesses without consulting Your doctor or physician. You also understand that the Product is not intended or to be used to treat any type of medical condition such as obesity. You agree that You either have consulted, or will consult, with a physician or doctor before using any of Our Products if You suffer from any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications, and You agree that you will cease immediately from taking or using Our Products if You experience any ill effects or unintended side effects of any Product. SexWell endeavors to provide You with accurate information about Our Products. You understand and agree that the information SexWell conveys about or Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities (Third Parties). SexWell does not warrant or represent that such information is error-free, and SexWell does not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data.
SexWell does not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person, and are dependent on a variety of factors.
By using the Website, you agree to comply with all applicable laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. SexWell makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
You hereby represent and warrant that You are age eighteen (18) or older, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that SexWell has the right to rely upon all information provided to SexWell by You, and SexWell may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, the Intellectual Property) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of SexWell or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by You without SexWell prior written permission.
WEBSITE USER CONDUCT AND RESTRICTIONS
As a user of the Website, you agree that in connection with Your use of the Website and the content You will not:
– Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
– Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website;
– Use the Website for any unlawful purpose;
– Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
– Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
– Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
– Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
– Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein;
– Intentionally or unintentionally violate any applicable local, state, national, or international law.
Without the express prior written authorization of SexWell, You may not:
– Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law);
– Create derivative works based on the Website or any of the Intellectual Property;
– Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein;
– Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property;
– Use any meta-tags or any other hidden text using the Website™s name or marks;
– Deep-link to any page of the Website;
– Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website);
– Use any data mining, bots, or similar data gathering and extraction tools on the Website;
– Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
– Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
TERMINATION OF AGREEMENT
This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. SexWell reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who SexWell believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services SexWell provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer’s real name, address, or other contact information.
The Website may provide links to other World Wide Web sites or resources. SexWell has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any SexWell Website. SexWell cannot ensure that You will be satisfied with any products or services that You purchase from a third-party site that links to or from any SexWell Website or third-party content on our sites. SexWell does not endorse any of the merchandise, nor has SexWell taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. SexWell does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against SexWell with respect to such sites and third-party content. SexWell strongly encourages You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither SexWell nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to www.HaveSexWell.com. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from SexWell.
SexWell shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay SexWell performance.
You agree to defend, indemnify, and hold harmless SexWell, its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to Florida™s Statewide Uniform Guidelines For Taxation of Costs in Civil Actions, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If we do not hear from You promptly, we reserve the right to defend such claim or suit and seek full recompense from You.
DISPUTE RESOLUTION BY BINDING ARBITRATION
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact Us with disputes by writing to at firstname.lastname@example.org. We will contact you by the billing address you supply to us.
Instead of Suing in Court, We Each Agree to Arbitrate Disputes
If either SexWell or You wants to arbitrate a dispute, we each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to You will be sent to Your billing address that You provided Us and notice to Us will be sent to: email@example.com. We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, then We may submit the dispute to formal arbitration.
The FAA applies to this Agreement and arbitration provision. We each agree that the FAA™s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
The arbitration will be administered by the National Arbitration Forum (NAF) under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply. You can obtain procedures, rules, and fee information from the NAF at firstname.lastname@example.org
Unless We each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of Your last billing address. The federal or state law that applies to the Agreement will also apply during the Arbitration.
We each agree not to pursue arbitration on a consolidated or class wide basis. We each agree that any arbitration will be solely between You and SexWell (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court.
We each are responsible for our own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, SexWell will cover any arbitration administrative or filing fee above: (a) $25 if You are seeking less than $1,000 from SexWell; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THATIS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITYON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial by Jury TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHERPROCEEDING.
No waiver of or by SexWell shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
MODIFICATIONS OF AGREEMENT
SexWell reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. SexWell does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by SexWell in writing, these terms and conditions may not be amended by You.