TERMS & CONDITIONS
These Terms and Conditions of Use (“Terms”) apply to the Captain Well website located at Captain Well.com (“Site”). The Site is the property of Captain Well, Inc., and its licensors (“Captain Well”).
By registering for and/or using the Services in any manner, including, but not limited to, visiting, browsing or making purchases through the Site or our mobile application (the “Application”), you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site or through the Services by us, each of which is incorporated by reference and each of which may be updated by us from time to time.
If you do not accept these Terms of Service, you are not permitted to, and you must not, access or use the Services or purchase subscriptions or products from us.
- This Site is controlled by Captain Well from its location in San Francisco, CA, USA. It may be accessed from any state as well as other countries. Because laws may differ, by accessing this Site, you agree that the laws of California will apply to all matters arising out of use of this Site. This Policy represents the only agreement between Captain Well and the consumer regarding the use of this site for any purpose.
- Captain Well reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms, at any time. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
- It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. If you comply with these Terms, Captain Well grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
- Captain Well offers online features, products, and services through the Site that may have additional guidelines, terms, and agreements. If these Terms are inconsistent with the additional guidelines, terms, or agreements, those additional guidelines, terms, or agreements will control.
By using the Site, you are communicating with us electronically and are thereby consenting to receive communications from us electronically. We may communicate with you via email or by posting notices on the Site.
Your use of the Site constitutes your consent that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on or made available through the Site, such as text, graphics, logos, button icons, images, videos, audio clips, documents, and data is the property of Captain Well or its content suppliers and is protected by United States and international copyright laws.
Graphics, logos, page headers, button icons, scripts, product names, product model numbers, and service names included in or made available through the Site are trademarks or trade dress of Captain Well in the United States and other countries.
Captain Well’s trademarks and trade dress may not be used in connection with any product or service that is not Captain Well’s, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Captain Well. All trademarks not owned by Captain Well that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Captain Well.
Arbitration Notice and Class Action Waiver
Except for certain types of disputes described in the “disputes” section below, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
License and Access
Subject to your compliance with these Terms, Captain Well or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site.
- This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Captain Well.com or its contents; or any use of data mining, robots, or similar data-gathering and extraction tools.
- All rights not expressly granted to you in these Terms are reserved and retained by Captain Well or its licensors, suppliers, publishers, shareholders, or other content providers.
- Neither the Site, nor any part of the Site, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Captain Well’s express written consent.
- You may not frame or utilize framing techniques to enclose any part of the Site.
- You may not use any meta tags or any other “hidden text” utilizing Captain Well’s trademarks or trade dress without the express written consent of Captain Well.
- You may not misuse the Site. You may use the Site only as permitted by law.
- The licenses granted by Captain Well terminate if you do not comply with these Terms.
You represent and warrant that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Services with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Services.
- If you are under 18 years of age and have not received such permission from your parent or legal guardian, you may not, under any circumstances or for any reason, use the Services.
- We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time.
- Captain Well does not specifically solicit or market to children. In accordance with the Children’s Online Privacy Protection Act of 1998, a child under the age of 13 shall not register as a user, nor shall the child enter personal information on the Site.
- In the event Captain Well receives verification that it has collected and published personal information from an individual under the age of 13 without parental consent, Captain Well will delete that information from the Site as soon as is practical.
You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
To sign up for the Services, you must register for an account on the Services (an “Account”).
- You must provide accurate and complete information and keep your Account information updated. You shall not:
- Select or use as a username a name of another person with the intent to impersonate that person;
- use as a username a name subject to any rights of a person other than you without appropriate authorization; or use as a username a name that is otherwise offensive, vulgar, or obscene.
- You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure.
- You may never use another person’s user account or registration information for the Services without permission.
- You must notify us immediately of any change in your eligibility to use the Services (including, but not limited to, any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account.
- You should never publish, distribute, or post login information for your Account.
- You could delete your Account, either directly or through a request made to one of our employees or affiliates.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, illustrations, videos, audio clips, artwork, interfaces, products, written posts and comments, software, scripts, graphics, interactive features and other content generated, provided or otherwise made accessible on or through the Services.
- While we try to make sure that all Content contained in the Services (other than any user-generated content, if applicable) is correct, it is not intended to amount to authority or advice on which reliance should be placed.
- Information made available through the Services is not a substitute for information from experts or professionals in the applicable area.
- You acknowledge that all Content accessed by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
- We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
Reviews, Comments, Communications, and Other Content
Any Content that is submitted to us or to the Services by users, or otherwise added, uploaded, distributed or posted to the Services, whether publicly or privately transmitted, including, without limitation, product reviews, survey responses and comments (“User Content”), is the sole responsibility of the person who originated such User Content.
User Content also includes Content provided by users through third party services such as a user’s social media account (e.g., Facebook, Instagram, Twitter, etc.) if such Content mentions, tags or otherwise interacts with Captain Well, the Services or any of our products or services.
- You represent that all User Content submitted by you is accurate, complete, up-to-date and in compliance with all applicable laws, rules, and regulations.
- User Content that you submit must not:
- Contain any content that infringes intellectual property rights, data protection or privacy rights of an individual;
- Be defamatory or threatening;
- Impersonate any person or entity;
- Contain unauthorized advertising; or transmit or distribute any virus and/or other code that has contaminating or destructive elements.
- We make no representations, warranties, or guarantees with respect to any User Content that you access on or through the Services.
- Visitors to the Site may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing upon intellectual property rights, or otherwise injurious or objectionable to any party, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or links.
- You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the posted content. Captain Well reserves the right (but bears no obligation) to remove or edit such content.
- If you do post content or submit material, and unless we indicate otherwise, you grant Captain Well a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
- You grant Captain Well and sub licensees the right to use the name that you submit in connection with such content.
- You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Captain Well for any claims resulting from content you supply.
- By submitting User Content through the Services, you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers), fully-paid, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), edit, modify and make derivative works from your User Content (including, without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever, commercial or otherwise, without compensation to you.
- You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services.
- You waive any so-called “moral rights” or rights of privacy or publicity in your User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing.
- You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights or any other intellectual property or proprietary rights.
- Any feedback, reviews, comments, suggestions or rWellmmendations for modifications, improvements, or changes to the Services that you provide to us (“Feedback”) shall be solely owned by us (including all intellectual property rights therein and thereto).
- You hereby irrevocably assign to us and agree to irrevocably assign to us all your right, title, and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.
- At our request and expense, you will execute documents and take such further acts as we may request to assist us to acquire, perfect and maintain our intellectual property rights and other legal protections for the Feedback.
- Captain Well has the right but not the obligation to monitor and edit or remove any activity or content. Captain Well takes no responsibility and assumes no liability for any content posted by you or any third party.
License for Content
The Content, as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement of the Services, are owned, controlled, and licensed by Captain Well or its licensors, unless otherwise indicated.
Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services.
Availability of Content
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right, but do not have any obligation, to (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) remove or block any Content from the Services.
Some of our services may allow you to receive SMS, MMS, or other text message notifications from us (each, a “Text Message”). To the extent you voluntarily opt to have Text Messages from us sent directly to your mobile phone, the following terms apply:
In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier.
- Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages.
- Under no circumstances will we be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.
- If your carrier does not permit text alerts, you may not receive the Text Messages from us.
- We will not be liable for any delays in the receipt of any Text Messages, as delivery is subject to effective transmission from your network operator.Text Message services are provided on an “AS IS” basis.
- Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time, and content of your messages. We may use this information to contact you and to provide the Services you request from us.
By providing us with your wireless phone number, you confirm that you want us to send you information that we think may be of interest to you to such a phone number, which may include using automated dialing technology to send you Text Messages at the wireless number you provided.
Rules of Conduct
As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all your activity in connection with the Services.
You shall not:
- Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;
- Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
- Bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
- Run any form of auto-responder or “spam” on the Services;
- use manual or automated software, devices or other processes to “crawl” or “spider” any page of the Site;
- Harvest or scrape any Content from the Services;
- Distribute information you know is false, misleading, untruthful, unlawful, or inaccurate;
- Upload any software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telWellmmunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly):
- Decipher, dWellmpile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including, without limitation, any application), except to the limited extent applicable laws specifically prohibit such restriction;
- Modify, translate, or otherwise create derivative works of any part of the Services;
- Or copy, rent, lease, distribute or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws, and regulations.
We also reserve the right to access, read, preserve, and disclose any information or content as we believe is necessary to:
- Satisfy any applicable law, regulation, legal process, or governmental request;
- Enforce these Terms of Service, including, without limitation, the investigation of potential violations hereof;
- Detect, prevent, or otherwise address fraud, security, or technical issues;
- Respond to user support requests; or protect the rights, property or safety of us, our users, and the public.
All orders of our products must be for personal use only. By purchasing our products, you hereby agree not to resell or distribute such products for any commercial purposes. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.
Paid Services and Terms of Sale
Certain of our Services, including the purchase of any products or subscriptions (such as shower filter subscription plans) offered by us, may be subject to payments now or in the future (the “Paid Services”), which in certain cases may include recurring, automatically renewing payment obligations (as further described in the “Auto-Renewals And Recurring Billing For Subscription Plans And Other Subscription Services” section below).
- Please see our Help / FAQ (Frequently Asked Questions) for a description of the current Paid Services, our shipping terms, and cancellation and refund policies.
- Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms of Service
- You may place an order for Paid Services at any time (subject to any planned or unplanned downtime).
- You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Submit Purchase” button on the checkout page.
- An order submitted by you constitutes a legally binding offer given by you to us to purchase the Paid Services specified in that order, subject to these Terms of Service, at the price and on the terms stated when you sign up or place your order.
- All orders are subject to acceptance by us. Your order will not be considered accepted until we have received payment of the purchase price of your order.
- We may send an acknowledgment of our receipt of your order to the email address you provide, after your payment for the order has been processed, so that you may print the information for your rWellrds. Unless otherwise stated at the time you place your order, title and risk of loss pass to you upon delivery to the shipping address you specified when you placed the order, provided full payment of all sums due in respect of the product(s), including any delivery charges, has been received.
- Our products and services, including, without limitation, our Paid Services, are for your personal, non-commercial use, and once delivered to you may not be resold, redistributed, exported, or used for any other commercial purpose. The rights you have under these Terms of Service are personal to you and are non-transferable.
- Please note that we cannot offer refunds, exchanges or customer service for products that have been acquired from an unauthorized reseller, including, but not limited to, any seller on Amazon, eBay, or similar online marketplaces.
We use third-party payment processors, (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for the Paid Services.
The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Service.
You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Auto-Renewals and Recurring Billing for Subscription Services
Some of the Paid Services, such as the purchase of auto-replacing shower filters or other products in a shower filter subscription plan, may consist of an initial period for which there is a one-time charge or a Trial Offer (as defined below), followed by recurring periodic charges as agreed to by you when you sign up for such auto-replacing products (“Subscription Services”).
Captain Well will automatically renew your Membership and charge your Payment Method depending on the Membership and/or Box shipping frequency chosen by you and, as authorized by you by agreeing to the automatic renewal of your Membership during the Member sign-up process.
Your Payment Method will be charged at least one full business day prior to your next Box shipping date. We will charge your Payment Method with the applicable cost for your Box, along with any shipping and handling costs and sales or similar taxes that may be charged with your Membership.
To avoid being charged, you must cancel your Membership in accordance with Section Membership Cancellation. We will continue to bill your Payment Method on a recurring basis (depending on the Membership and Box shipping frequency selected) until you cancel.
The Subscription Services give you the ability to specify how regularly you would like to order any auto-replacing products. Unless you opt out of a Subscription Service, which can be done via the methods described below, the Subscription Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term you originally selected, at the then-current non-promotional rate.
More information on Subscription Services can be found at our Help / FAQ page. By choosing a Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation of such Subscription Service. All recurring payments relating to Subscription Services are fully earned upon payment.
Members will be shipped a Box based on the shipping frequency and/or shipping date chosen in their account.
Pausing and Resuming Membership; Shipping Frequency
For some Members, Captain Well may offer the ability to temporarily pause their Memberships (“Pause Period”). During the Pause Period, Members will remain active members, but they will not receive any Captain Well’s Products.
A Member’s Membership may be placed on a Pause Period for either a one, two, or three-months period. During the Pause Period, Members will remain a member of Captain Well, continue to receive communications from Captain Well via email, but will not be charged any maintenance or membership fee.
Members who are in a Pause Period may resume receiving Captain Well’s Products by logging into their account and resuming shipping either immediately or on their original bill date.
You may use the online chat platform, or email any questions about the Pause Period to us at support@captainWell.com.
For Members who do not have the option to temporarily pause their Membership, Captain Well may offer such Members the ability to change their Box ship date.
To change or cancel your Subscription Services at any time, go to your Account, use the online chat system, or email us at support@captainWell.com. If you terminate a Subscription Service, your subscription will not be renewed after your then-current subscription term expires.
We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we could act. To terminate your authorization, or to change your payment method or subscription services, go to your account, or contact us via online chat, or email us, or use the toll-free number listed above.
You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password.
Changes to such information can be made on your Account.
- If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.
- If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction.
- If, on receipt of such notice, you do not wish to continue with the purchase, you may cancel at any time before the scheduled date of the transaction.
- Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Your non-termination or continued use of a Paid Service (including, without limitation, Subscription Services) reaffirms that we are authorized to charge your Payment Method for that Paid Service.
Risk of Loss
All purchases of physical items from Captain Well are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Free Trials and Other Promotions
Any free trial or other promotion that provides access to a Paid Service (a “Trial Offer”) must be used within the specified time of the Trial Offer.
- You will be required to have a valid Payment Method on file to initiate a Trial Offer.
- You must stop using a Paid Service before the end of the Trial Offer period to avoid being charged for that Paid Service.
- If you cancel prior to the end of the Trial Offer period and are inadvertently charged for a Paid Service, please contact us at email@example.com.
Trial Offers are one-time only for new customers and are limited to one per household. Additional terms and limitations may apply and will be more fully explained at the time you sign up for the Trial Offer. Any such additional terms and limitations are deemed part of these Terms of Service.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account.
If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.
Warranty Disclaimer and Release****
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which users gain access to the Services, or how you may interpret or use the Content.
You release us and our officers, directors and employees from all liability arising out of or relating to your having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance or legality of material or Content contained in or accessed through the Services.
You shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
to the fullest extent permitted by law, the services and content are provided “as is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, fitness for a particular purpose and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
Without limiting the foregoing, we and our officers, directors, employees, agents, suppliers, partners, and content providers do not warrant that:
- The services will be secure or available at any time or location;
- Any defects or errors will be corrected;
- Any content or software available at or through the services is free of viruses or other harmful components;
- The results of using the services will meet your requirements.
Your use of the services is solely at your own risk.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to you.
You shall defend, indemnify and hold harmless us and our employees, contractors, directors, officers, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services or Content in violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of Liability
To the greatest extent permitted by law, in no event shall we or our directors, employees, agents, partners, suppliers or content providers be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising), (ii) for any bugs, viruses, trojan horses or the like (regardless of the source of origination) or (iii) for any direct damages in excess (in the aggregate) of the greater of (a) fees paid to us for the particular services during the immediately previous three (3) month period or (b) $100.00.
These limitations will only apply to the extent permitted by law and do not apply to death or personal injury resulting from our acts or omissions or to liability resulting from our gross negligence or willful misconduct.
Arbitration Clause and Class Action Waiver
Arbitration; waiver of trial by jury. you agree that all disputes between you and us or any of our officers, directors or employees acting in their capacity as such (whether or not such dispute involves a third party) with regard to your relationship with us, including, without limitation, disputes related to these terms of service, your use of the services and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the JAMS, Inc. (“jams”) rules for arbitration of consumer-related disputes, and you and we hereby expressly waive trial by jury; provided, however, that we or you may seek injunctive or other equitable relief in any state or federal court having jurisdiction to grant it in the event of an actual or threatened infringement or misappropriation of intellectual property rights. discovery and rights to appeal in arbitration are more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration.
Small Claims Court; Class Action Waiver. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if such claim is within such court’s jurisdiction, unless such action is transferred, removed, or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement.
You are giving up your right to participate as a class representative or class member on any class claim you may have against us, including, without limitation, any right to class arbitration or any consolidation of individual arbitrations.
You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account if we are a party to the proceeding.
Procedures; These dispute resolution provisions will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. If JAMS is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever banned.
30-Day Opt-Out Period; If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms of Service (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the “Governing Law and Jurisdiction” section below. Your written notification must be mailed to us at the address set out at the end of these Terms of Service. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including, without limitation, the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms of Service after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms of Service. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Terms of Service; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between you and us.
Severability; If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all the preceding language in this Disputes section will be null and void. This Disputes section, including, without limitation, the arbitration agreement and class action waivers contained herein, will survive the termination of your relationship with us.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend or discontinue the Services, in whole or in part, (including, without limitation, the availability of any feature, database or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication.
We may also impose limits on certain features and services or restrict your access to parts or all the Services without notice or liability. While we will use commercially reasonable efforts to timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Subject to the Disputes section, your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
Entire Agreement and Severability
These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site and the Application, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services.
If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Limit one coupon code per order.
Coupon codes expire and are no longer valid for redemption 30 days after their date of generation, but certain coupon codes may have their own redemption period as specified in connection with the coupon code itself.
The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Coupon codes are void where prohibited, taxed, or restricted. Captain Well reserves the right to change or limit coupon codes in its sole discretion.
No agency, partnership, joint venture, or employment relationship is created because of these Terms of Service and neither you nor Captain Well has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given: (i) when received, if personally delivered or sent by certified or registered mail, return receipt requested; (ii) when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or (iii) the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any instance does not mean that we will waive compliance in the future.
For any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. Any use of the words “including,” “for example” or “such as” in these Terms of Service shall be read as being followed by “without limitation” where appropriate.
30-Day “Pure Satisfaction” Guarantee
At Captain Well, our sole focus is providing best-in-class water filtration products so every home can enjoy healthy, great-tasting water. We are so confident you will love your Captain Well filter that we offer a 30-day, no questions asked, trial period.
You have 30 calendar days to return a product, which begins on the day your order is placed.
All returns shipped to Captain Well require prior authorization from Captain Well and a clearly-labeled Refund Confirmation Code (“RCC”) on the outside of the return shipment package.
This code entitles you to a full refund of the purchase price for the product(s) you ordered, no questions asked.
- Ensure that the product you are returning is repackaged with all the cords, tubing, adapters, and documentation that was included when you received it.
- Returned Product(s) must be in good physical condition (not physically broken or damaged).
- You are responsible for the return shipping costs on all products.
- You are responsible for the cost of insuring the product during return shipping.
- This offer is only applicable for products purchased directly from Captain Well.
- All refunds beyond 30 days are given solely at the discretion of Captain Well and may require a restocking fee.
How to Return a Captain Well Product :
- Contact Captain Well and request a Return Authorization Code by using online chat platform, or emailing support@captainWell.com.
- Repackage the product with everything included in the package when you received the product.
- Clearly label the Return Authorization Code on the outside of the package. Captain Well will not accept unauthorized returns.
- Your return must be received by Captain Well within 14 calendar days of the RAC number being generated.
- Ship your product to Captain Well. For all products, you may use the carrier of your choice.
- For authorized returns, Captain Well will initiate a full refund (purchase price excluding shipping, taxes paid and handling) when the product is received at Captain Well.
- In all circumstances, Captain Well’s maximum liability is limited to the purchase price of the product(s) sold.
- Your Return Authorization Code will be identified and marked as received.
- The package will be inspected to confirm that it contains everything included with the product.
- Your refund will be initiated according to the original payment type(s) for the order. Refunds will be sent to the original method of payment within 15 business days of receipt of the returned product(s).