Site Use and Health Disclaimer
Oasis Advanced Wellness, LLC
Health Disclaimer: It is your right to educate yourself in health and medical knowledge, to seek helpful information and make use of it for your own benefit, and for that of your family. You are the one responsible for your health. In order to make decisions in all health matters, you must educate yourself. The views and nutritional advice expressed by Oasis Advanced Wellness are not intended to be a substitute for conventional medical service or a relationship with a licensed medical professional. If you have a severe medical condition, see your physician of choice.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH OASIS ADVANCED WELLNESS OFFERS YOU ACCESS TO OUR WEBSITE.
This Agreement describes the terms and conditions applicable to your use and/or purchase of our goods and/or services available under the domains, sub-domains of www.oasisadvancedwellness.com and other websites owned or operated by Oasis Advanced Wellness and/or associated entities, as well as use of the websites themselves. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our website, goods and/or services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may purchase through or use the Oasis Advanced Wellness website. This User Agreement ("Agreement") constitutes the entire agreement of the parties. This agreement is entered into by the customer (hereinafter "Customer") and Oasis Advanced Wellness, LLC, a Texas Limited Liability Corporation (hereinafter "Oasis Advanced Wellness"). We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and Oasis Advanced Wellness, LLC. This Agreement is effective on May 15, 2004 for previous and new users.
1. USE Eligibility.
Our goods and/or services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our goods and/or services are not available to minors. If you are a minor, you may use this website only in conjunction with your parents or guardians. If you do not qualify, please do not use our website, goods or services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Customer agrees to compensate Oasis Advanced Wellness for any goods or services ordered through this website at the original purchase price. ex. promotions, distributors, etc.
3. No Warranty.
WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR MANUFACTUERES PROVIDE OUR WEBSITE, GOODS AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
4. Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES, CONTRACTORS OR OUR MANUFACTURERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR MULTIPLIED DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING LOSS OF PROFITS, LOSS OF USE OR OTHER ECONOMIC DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF OASIS ADVANCED WELLNESS'S LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR BY STATUTE (INCLUDING, BUT NOT LIMITED TO, THE TEXAS DECEPTIVE TRADE PRACTICES ACT AND ALL OTHER CONSUMER PROTECTION STATUTES). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, CONTRACTORS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES, IN ANY CIRCUMSTANCE, IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF THE PURCHASE, AND (B) $100. CUSTOMER ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY IS PART OF THE CONSIDERATION OF THIS AGREEMENT, AND WAS SPECIFICALLY INCLUDED BY OASIS ADVANCED WELLNESS IN THE CALCULATION AND ESTABLISHMENT OF THE PRICES PAID BY CUSTOMER, WHICH, BUT FOR THIS LIMITATION, WOULD HAVE BEEN MUCH HIGHER.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. CUSTOMER SHALL ALSO INDEMNIFY AND PAY TO OASIS ADVANCED WELLNESS, AS WELL AS HOLD OASIS ADVANCED WELLNESS HARMLESS AGAINST ANY AND ALL LOSSES, CLAIMS, DEMANDS, LIABILITIES, ATTORNEYS' FEES, OR ANY OTHER EXPENSES WHATSOEVER WHICH OASIS ADVANCED WELLNESS MAY AT ANY TIME SUSTAIN, INCUR, OR BE PUT TO BY REASON OF, OR IN CONNECTION WITH, ITS PERFORMANCE UNDER THIS AGREEMENT, OR YOUR USE OF THE APPLICABLE WEBSITES, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM OASIS ADVANCED WELLNESS'S SOLE OR COMPARATIVE NEGLIGENCE.
6. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website, goods and/or services.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Oasis Advanced Wellness, LLC, Attn: Legal Department, 3091 College Park Drive ┐ STE 240-85, The Woodlands, Texas 77384 (in the case of Oasis Advanced Wellness) or to the address you provide to Oasis Advanced Wellness during the purchase process (in your case). Notice shall be deemed given 3 days after the date of mailing.
Any legal controversy or legal claim arising out of or relating to this Agreement or our goods and/or services, excluding legal action taken by Oasis Advanced Wellness to collect our fees and/or recover damages for, or to obtain an injunction relating to, the Oasis Advanced Wellness website operations and intellectual property, shall be settled by binding single-arbitrator arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Houston, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Oasis Advanced Wellness may seek any interim or preliminary relief from a court of competent jurisdiction in Houston, Texas necessary to protect the rights or property of Oasis Advanced Wellness, pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00. Parties agree that the Federal Arbitration Act, the United Nations Convention for the Enforcement of Commercial Arbitration Awards, and all other applicable laws and conventions apply to this agreement.
9. Intellectual Property.
Both parties agree that Oasis Advanced Wellness is the sole owner of its website and all its contents, and that said website and contents constitute valuable intellectual property. Customer promises not to use Oasis Advanced Wellness's website, nor its contents for any use, other than informational purposes intended by Oasis Advanced Wellness or to purchase goods and/or services. Customer promises not to make any copy or colorable imitation of Oasis Advanced Wellness's website for any purpose whatsoever. Customer agrees that in the event of a breach or threatened breach by Customer of the terms and conditions of this paragraph, Customer agrees that Oasis Advanced Wellness shall be entitled to a Temporary Restraining Order and/or a Permanent Injunction restraining Customer from breaching or attempting to breach, in whole or in part, any confidentiality, or intellectual property covenant set forth above. Oasis Advanced Wellness may pursue such injunctive remedies in addition to any other legal remedy. Nothing herein shall be construed as prohibiting Oasis Advanced Wellness from pursuing any other remedies available to Oasis Advanced Wellness for such breach or threatened breach, including the recovery of damages from Customer. Any indulgence by Oasis Advanced Wellness under this Section shall not be construed to be a waiver of any of its rights hereunder.
- This Agreement contains the entire agreement of the parties. This written agreement supersedes any and all oral negotiations and/or representations of the parties hereto made in relation to this transaction. This agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein.
- This Agreement may be modified only by written attachment agreed to and executed by all of the parties hereto.
- This Agreement shall be subject to and governed by the laws of the State of Texas, with the exception of its conflict of laws provisions.
- Any waiver or forbearance by Oasis Advanced Wellness of any breach (by Customer) of any provision of this Agreement shall not be construed as a waiver of any subsequent breach by Customer.
- This Agreement shall be binding upon the parties and their executors, administrators, successors, and assigns.
- If any provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability will not affect any other provision hereof. Such provision and the remainder of this Agreement and Schedules shall, in such circumstances, be deemed modified to the extent necessary to render the remaining provisions enforceable. You can also call 832.295.0560 for customer service.
- By checking the box on the Order Confirmation Form (phone orders also) the following is agreed to by the customer: I affirm that I have read and agree to Oasis Advanced Wellness's terms and conditions and the following statement: I authorize Oasis Advanced Wellness to charge me for the order total. I further affirm that the name and personal information provided on this form are true and correct. I further declare that I have read, understand and accept Oasis Advanced Wellness's business terms as published on their website. By pressing the Submit Order button below, I agree to pay Oasis Advanced Wellness.
11. Guarantee Time Limit.
I acknowledge the 30 day money back guarantee policy on all Oasis Advanced Wellness and Oasis Serene Botanicals products as well as private labeled products (except for products that specifically state on the product page that returns are not accepted). Products that are not labeled as an Oasis Advanced Wellness product may be returned within the 30 day period as long as the product has not been opened and the outside seal has not been broken.
To qualify for a refund you must fulfill the following requirements:
- Return Authorization Number – Before a product is returned to OAW and before the 30 day return period has ended, you must contact us at firstname.lastname@example.org in order to receive a RA Number. OAW will not accept any returns that do not have an official and complete RA Number displayed on the outside of the package.
- Return all remaining or unused portions of the Oasis Advanced Wellness/Oasis Serene Botanicals labeled product including any unopened bottles that you may have purchased. Products that are not labeled as an Oasis Advanced Wellness/Oasis Serene Botanicals product may be returned within the 30 day return period as long as the product has not been opened and the outside seal has not been broken.
- You must include in the return shipment a copy of the original invoice (proof of purchase) which was mailed to your email address at the time of purchase or the packing slip that is included in your shipment. You are reminded, at the time of order, that if you do not receive your invoice by the next business day, to contact us immediately and we will resend. Please remember to check for your Invoice in the Spam and Junk file folders before emailing us. We will not refund orders without a copy of the original invoice (proof of purchase) or packing slip. These are the only forms of “proof of purchase” that are accepted. Please do not call or email us in order for us to look up your invoice as we do not have full-time staff for this. Products that are received in our offices without a copy of the original invoice or packing slip will not be refunded and will be promptly returned to sender. No exceptions.
- The OAW product return must be received in the OAW offices any time within 30 days (before or on) from purchase date (60 days for Oasis Serene). We are not responsible for returns that are incorrectly addressed, do not reach our office because of Post Office delivery error/strikes or returns that do not reach our office within the 30 day limit. We highly suggest that returned OAW products be sent with signature required/returned receipt.
- You will be refunded the full amount of the OAW product purchase price, less shipping costs.
- For returns of 3 or more of the same product a 20% restocking fee will apply.
- PLEASE MAKE NOTE: THE COMPLETE RA NUMBER SENT TO YOU BY EMAIL MUST BE BOLDLY DISPLAYED ON THE OUTSIDE OF THE PACKAGE THAT IS BEING RETURNED. IF THERE IS NO RA NUMBER CLEARLY VIEWABLE ON THE OUTSIDE OR THE RA# IS INCOMPLETE, THE PACKAGE WILL BE REFUSED AND PROMPTLY RETURNED TO SENDER.
- The mailing address for returns is: Oasis Advanced Wellness | ATTN: Returns | 16753 Donwick Drive Suite B2 | The Woodlands TX 77385.
For additional information on all products please visit our website at www.oasisadvancedwellness.com