Terms & Conditions

TERMS AND CONDITIONS

Last Updated: June 14, 2024

Acceptance of the Site Terms 

Please read the following Site Terms & Conditions carefully.

Your use of this site at www.hellowinx.com, and all sites provided by or on behalf of Winx Health, Inc. (formerly known as Get Stix Inc). (“Winx Health, formerly known as Stix”) (collectively, the “Site”), are governed by these Site Terms & Conditions and any amendments thereto that Winx Health may publish from time to time (the “Site Terms”). The Site Terms set forth the terms and conditions that apply to your use of the Site and materials offered thereon (together with any successor website(s), collectively, the “Service”) which are offered to you by Winx Health (formerly known as Stix). 

BY USING THE SITE AND SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THE SITE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE SITE TERMS, PLEASE DO NOT USE THE SERVICE. USE OF THE SERVICE SIGNIFIES YOUR CONSENT TO THE SITE TERMS AND THE PRIVACY POLICY.  

By continuing to use the Site and Service, you further agree as follows:

  1. You are at least 18 years old or have been legally emancipated. If you are under 18 years old, you are accessing the Site or Service with the consent of a parent or legal guardian.
  2. You understand and agree that the Site Terms are a legally binding agreement and the equivalent of a signed, written contract.
  3. You will use the Site and Service in a manner consistent with applicable laws and regulations and the Site Terms, as they may be amended by Winx Health from time to time.
  4. You understand, accept, and have received the Site Terms and the Privacy Policy, and acknowledge and demonstrate that you can access the Site Terms and the Privacy Policy at will.

If you do not agree with and accept the Site Terms, please discontinue all further use of the Site and Service. Do not continue to access the Site and Service and immediately delete all installed files, if any, from your device(s).

Winx Health reserves the right to change the Site Terms from time to time. We encourage you to bookmark this page and to periodically review it to ensure familiarity with the most current version of the Site Terms. You can determine when the Site Terms were last revised by referring to the “LAST UPDATED” legend at the top of this Site Terms. When using the Service, you agree that you are subject to any additional posted guidelines, rules, terms, and conditions applicable to the Service, which are incorporated by reference into the Site Terms.

The Site Terms are effective immediately upon your use of the Service.

Winx Health grants you permission to use the Service subject to the restrictions in these Site Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

OVERVIEW OF SERVICE

Winx Health’s Business

Winx Health distributes healthcare products for women (which may include, but not be limited to, emergency contraception, pregnancy tests, ovulation tests, yeast infection tests, UTI tests, probiotics, vitamins, and supplements) (the “Products”).  Winx Health provides the Site for your perusal of its Products and related information. The Site also provides you with the option to submit or transmit, to, through, or in connection with the Site, text, images, photos, audio, video, location data, and all other forms of data or communication in connection with the Service, such as ratings, reviews, compliments, check-ins, messages, and information that you publicly display (“Your Content”).

The Service

The Service is a computer online service. It is accessible to you through a personal computer, tablet, smart phone, or other access device at the domain www.hellowinx.com or any other website provided by or owned by or on behalf of Winx Health using a communications connection (e.g., internet service provider or modem and telephone line). As part of the Service, you may be provided with services that may include, without limitation, application forms, software applications, data, reports, scores, images, and any applicable user manuals and any other services provided from time to time by Winx Health to you, and computer services that Winx Health may decide to offer, subject to the Site Terms.

Service Limitations

The Site and Service are not intended to be used to identify emergencies or to treat emergent, serious, or life-threatening conditions. If you are a user and you or someone you know believes you are suffering an emergent or life-threatening condition, call 9-1-1 immediately where that service is available or go to the nearest open clinic or emergency room.

Winx Health does NOT provide medical advice. By accepting the Site Terms, you agree and acknowledge that Winx Health does not provide clinical, laboratory, or supplemental manufacturing services. Winx Health’s role is limited to supporting and facilitating your access to Winx Health’s Products and corresponding educational material. YOU AGREE AND ACKNOWLEDGE THAT Winx Health IS IN NO WAY PROVIDING DIAGNOSIS OR TREATMENT TO YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE INFORMATION, PROCESSES, PRODUCTS, AND OTHER ITEMS REFERENCED AS PART OF THE SITE AND SERVICE ARE NOT INTENDED AS A RECOMMENDATION OR ENDORSEMENT OF ANY COURSE OF ACTION, INFORMATION, OR PRODUCT. WE EXPLICITLY DISCLAIM THE CREATION OF A PROVIDER-PATIENT RELATIONSHIP WITH YOU.

THE SITE AND SERVICE CANNOT AND ARE NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE RELATIONSHIP BETWEEN HEALTH CARE PROFESSIONALS AND PATIENTS OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.

General information available through the Site and Service about medical conditions, symptomology, available drugs, treatment options, and other educational articles and videos is provided for general educational purposes only. Never disregard, avoid, or delay obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Site or Service. If you have or suspect that you have an urgent medical problem or condition, please contact a qualified healthcare professional immediately.

Disclaimer Regarding Content, Product, and Service Information 

Winx Health makes no representation or warranty regarding the accuracy of any content contained on the Site, including, without limitation, all data, information, terminology, and forms. While Winx Health strives for accuracy, you should independently evaluate the accuracy of the content and the suitability of any content, Product, or service for your particular application and needs. Content and Product specifications are subject to change without notice. In addition, Winx Health reserves the right to make changes - without notification to users of the Site - that do not affect compliance with any applicable specification. Winx Health does not guarantee that Products or services listed on the Site will be available at the time of your inquiry. 

USE OF SITE AND SERVICE

Providing Information

You may be required to provide certain information about yourself to utilize certain content available on the Site. You agree to provide true, accurate, and complete information about yourself, and to update this information should it change. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if Winx Health suspects that your information is untrue or inaccurate, not current, or incomplete Winx Health may, in its sole discretion, suspend or terminate your current or future access to the Service. Any personally identifiable information supplied to Winx Health will be subject to the terms of Winx Health’s Privacy Policy. Winx Health reserves the right to change the nature of this relationship at any time. 

Use of Site and Service

You may use the Site and Service only for lawful purposes and in accordance with the Site Terms. In addition, we impose certain restrictions on your use of the Site and Service. While using the Site and Service, you shall not:

  • Provide false, misleading, or inaccurate information to us or any other user, or create or use a false identity.
  • Use the Site or Service (i) for the benefit of any third party; or (ii) in any manner not permitted by the Site Terms.
  • Impersonate or attempt to impersonate Winx Health, one of our employees, another user, or any other person or entity.
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any services, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or affiliated or linked sites. 
  • Disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites. 
  • Upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files. 
  • Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except as expressly permitted by Winx Health.
  • Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not. 
  • Engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results or any third-party website.
  • Use or attempt to use another’s account, information, password, or system without authorization.
  • Transmit through the Site any message, data, information, text, or other content that is unlawful, inaccurate, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, sexually or adult oriented, inflammatory, promotes hate or racism, or is otherwise objectionable.
  • Transmit through the Site any message, data, information, text, or other content that would constitute or encourage a criminal offense, violate any intellectual property or other proprietary right of any party, or otherwise create liability or violate any local, state, national, or international law or regulation.
  • Violate any applicable law. 
  • Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Winx Health in providing the Site and Service. Any violation of this section may subject you to civil and/or criminal liability.
  • Encourage or enable any other individual to do any of the above.

Authorization

You authorize us to use information you provide to us for the purpose of providing the Service. Winx Health may use such information to display, distribute, and create new material incorporating such information. By submitting information, you represent that you are the owner of the information and are entitled to disclose it to Winx Health for use for this purpose, without any obligation by Winx Health to pay any fees or other limitations and without any particular time limit.

Service Monitoring and Enforcement

Winx Health is not obligated to monitor your use of the Site and Service, but we may do so to ensure your compliance with the Site Terms and/or to respond to law enforcement or other government agencies.

Further, Winx Health is under no obligation to enforce the Site Terms on your behalf against another user. While Winx Health encourages you to let us know if you believe another user has violated the Site Terms, we reserve the right to investigate and take appropriate action at our sole discretion.  If you believe that any content on the Service (including, without limitation, postings) violates the Site Terms, please send a message to hello@hellowinx.com. We reserve the right to take or refrain from taking any or all actions available to us once we receive any such message. 

Winx Health’s Rights

Winx Health may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating your right to use all or part of the Service, at any time in Winx Health’s sole discretion and without prior notice or liability to you.

COMPUTER EQUIPMENT AND INTERNET ACCESS

Your access to or use of the Service may require your use of a computer, tablet, phone, media player, or other application (collectively, “Systems”) that is not provided by Winx Health. Your use of such Systems will be governed by the license agreement accompanying the Systems, and you agree to comply with all of the terms and conditions of such license agreement. Winx Health is not responsible or liable for your use of any third-party applications. 

Further, you are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment necessary for you to access and use the Site and Service. This includes, without limitation, obtaining Internet services, using up-to-date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Site and Service and for the transmission and receipt of information using such Systems. You are also responsible for all charges (e.g., telephone, internet service provider or airtime) associated with connecting to the Service.

Winx Health is not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems.

THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.

PRIVACY & SECURITY PROTECTION

Overview

Winx Health values your privacy and is committed to keeping your Personal Information confidential. Please see our Privacy Policy for an explanation of our privacy practices, the data we collect from you, how we use that data, and your rights regarding your data. By clicking “I Agree,” accessing or using the Site or Service, or by downloading, viewing, or uploading any content through the Site or Service, you acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these Site Terms.

Account Information and Passwords

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. You are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify Winx Health of any unauthorized use of your account or password, or any other breach of security, and that you will log off the Service at the end of each session to prevent fraud on your account by third parties. If you find that you are a victim of identity theft and it involves a Winx Health account, you should notify customer service at hello@hellowinx.com. You should report this instance to all your credit card issuers, as well as your local law enforcement agency. Winx Health reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. 

Cookies

Winx Health may place a cookie (a small text file) on any computer or device from which you access the Service. Please see Winx Health’s Privacy Policy for information about cookies. When you revisit the Service, this cookie may enable us to recognize you and provide you with direct access to information without requiring you to retype any password or other user identification.

THIRD-PARTY WEBSITES AND LINKS

The Site may, from time to time, contain links to other websites. These links do not constitute an endorsement, sponsorship, or recommendation by Winx Health - nor a responsibility for - the linked website or any content, services, or products available on or through the linked website. The Site also may contain material or information provided, posted, or offered by third parties, including, but not limited to, advertisements. You agree that Winx Health shall have no liability to you for any such third-party material or information or for any goods, services, resources, or content available through any third party or third-party website, or for any harm related thereto.  Any dealings you have with advertisers and others found while using the Service are between you and the advertiser/other, and you agree that Winx Health is not liable for any loss or claim that you may have against an advertiser/other. 

If the Service provides links or pointers to other websites, you should not infer or assume that Winx Health operates, controls, or is otherwise connected with these websites. When you click on a link within the Service, we will not warn you that you have left www.Winx Health.co and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases, it may be less obvious than others that you have left hellowinx.com and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on the Site Terms for another website. Winx Health is not responsible for the content or practices of any website other than the Service, even if it links to the Service and even if the website is operated by a company affiliated or otherwise connected with Winx Health. By using the Service, you acknowledge and agree that Winx Health is not responsible or liable to you for any content or other materials hosted and served from any website other than the Service. 

INTELLECTUAL PROPERTY

Copyrights 

The “pages” or documents on the Site, or portions thereof, including, but not limited to, all text, graphics, software, and other files (excluding the Winx Health trademark), as well as their selection and arrangement (collectively, the “Winx Health Content”) are the property of Winx Health. All such content is presented as a service to users of Winx Health and may not be copied, distributed, republished, framed, licensed, sublicensed, downloaded, displayed, posted, sold, resold, or transmitted in any form or by any means, in whole or in part, without Winx Health’s prior written permission, except that such content may be viewed, downloaded, printed, and distributed for your personal use or subject to the following conditions: 

  1. The content may only be used for noncommercial purposes; and 
  2. Any copy of the content or portion thereof must include the following copyright notice: “Copyright 2019, Winx Health, Inc. All rights reserved” and must retain all other proprietary notices. 

Any other use of the content from the Site without prior written authorization of Winx Health is prohibited. Any breach of these conditions will automatically terminate your permission to use the Site and its content. 

Agreement Regarding Proprietary Rights 

You agree that you will not infringe upon any copyright, trademark, patent, or other proprietary rights of Winx Health or its partners or affiliates, that you will not copy the Site in whole or in part except as expressly authorized in the Site Terms or by Winx Health in writing, and that you will not decompile, reverse engineer, disassemble, or create derivative works of any work or software or other products or processes accessed through or on the Site. You further agree not to access or provide access to the Site by means other than the interface provided by Winx Health for use in accessing the Site, and not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. You agree to immediately cease and desist any and all uses of Winx Health trademarks, content, or other proprietary material upon request by Winx Health. 

Notice of Infringement 

If, as a result of your use of the Site, you believe that any content of the Site or use or operation of the Site infringes any patent, trademark, copyright, or other intellectual property right that you own or control, then you agree to provide written notice to Winx Health prior to the commencement of any legal action. Such notice shall be sent to: 

Winx Health, Inc.

Attention: Managing Member

P.O. Box 63571

622 South 4th St., Ste. 1

Philadelphia, PA 19147

WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY

Disclaimer of Warranties 

THE SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Winx Health DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. 

Winx Health DOES NOT MAKE ANY WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES Winx Health MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES. 

YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Winx Health OR VIA THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 

YOU ACKNOWLEDGE THAT Winx Health DOES NOT CONTROL ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. Winx Health ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT, PRODUCTS, OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY SUCH THIRD PARTIES THROUGH THE SITE. 

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

Limitations of Liability 

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL Winx Health OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SITE OR ANY CONTENT CONTAINED ON THE SITE, OR ANY CONTENT, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTIES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF Winx Health HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICE OR THESE SITE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, Winx Health’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE SITE OR SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.

Material Terms

You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in the Site Terms are material terms of the Site Terms and that they have been taken into account in the decision by Winx Health to provide the Service. 

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Winx Health, its subsidiaries, affiliates, officers, partners, directors, employees, agents, and suppliers from and against any claim, demand, action, or damage, including reasonable attorney's fees, made or incurred by any third party arising out of or related to your use of the Site, any content you transmit via the Site, or your violation of the Site Terms, including, but not limited to (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent, or other intellectual property right of any person or defames any person or violates any rights of publicity or privacy; (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the Site Terms; and (d) claims brought by persons or entities other than the parties to the Site Terms arising from or related to your access and use of the Service, including the information obtained through the Service. 

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

APPLICABLE LAW AND DISPUTE RESOLUTION

*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*

Applicable Law

The Site Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A. without giving effect to its conflict of laws provisions. Except as otherwise provided in the following paragraphs, you agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Philadelphia, Pennsylvania, U.S.A. You agree that any claim or cause of action arising out of or related to these Site Terms or to any Site use must commence within one (1) year after the claim or cause of action arose; otherwise such claim or cause of action is permanently barred, regardless of any statute of limitations to the contrary. 

Informal Dispute Resolution

 

Arbitration Agreement

In the unlikely event that our support team is unable to resolve a complaint you may have (or if we have not been able to resolve a dispute with you after attempting to do so informally), including, but not limited to, any alleged breach of the Site Terms, you agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in a court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Arbitration Association.

Arbitration Procedure

Arbitration will occur by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by the Site Terms. The Supplementary Procedures are available online at www.adr.org (click on the link labeled “Rules,” and then click on the link labeled “Supplementary Procedures for Consumer-Related Disputes”).

To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. In the event that any in-person appearances are required by the arbitrator, such appearances shall be held in Philadelphia, Pennsylvania U.S.A.

The arbitrator’s decision shall be based upon the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. Arbitration proceedings shall be confidential and shall be conducted in a manner that preserves such confidentiality. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final, binding, and non-appealable. The award rendered by the arbitrator may be confirmed and enforced in any court having competent jurisdiction thereof, and you agree that federal and state courts in the Ohio County in the Commonwealth of Pennsylvania shall have such jurisdiction. The foregoing shall not preclude Winx Health from seeking any injunctive relief in a court of law or equity for protection of its intellectual property rights (including the rights of its licensors). 

No Class Action or Joint Claims

Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and Winx Health alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in the Site Terms, and without waiving either party’s right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply.

COMMUNICATIONS AND CUSTOMER SUPPORT

Communications with Winx Health 

Except as otherwise addressed in our Privacy Policy, you agree that any communications you may have with Winx Health, including, without limitation, questions, comments, suggestions, ideas, drawings, images, videos, reviews, commentary, original material, and information, are non-confidential and shall become the sole property of Winx Health upon transmission of such communications to Winx Health via e-mail or other means. Winx Health shall acquire and own without need for any other writing the exclusive rights to such communications, and shall be entitled to their unrestricted use for any purpose, commercial or otherwise, including the right to modify, change, and create derivative works of such communications, without acknowledgement or compensation to you. You agree that Winx Health may contact you by email or otherwise. 

Consent to Electronic Communications

By choosing to access the Site via the internet, you consent to receive by electronic means the Site Terms and any and all disclosures, communications, and/or notices required to be given by applicable law or regulation. You also consent to allow Winx Health to respond to any inquiries by email regardless of the format of the original inquiry.

Consent to Text Messaging and Marketing Messaging

By entering your phone number, you authorize Winx Health to deliver automated marketing messages and you agree to our Privacy Policy, the Site Terms, and additional SMS Terms of use. You are not required to opt in as a condition of purchase.

By either (a) agreeing to our Site Terms and Privacy Policy or (b) entering your phone number to opt-in to replenishment reminder messages and clicking “Submit”, you agree that we or our providers may send you text notifications and text marketing offers. While variable based on your purchase behavior, marketing-based text messages will not exceed five (5) per month. You understand that consent is not a condition of purchase. You can unsubscribe from further text messages by replying STOP. Message and data rates may apply.

Customer Support

All customer support for the Service will be conducted solely online and/or via email at hello@hellowinx.com.

GENERAL CONTRACT TERMS

Termination 

Winx Health reserves the right to terminate your ability to use the Site, and to block or otherwise prevent your future access to and use of the Site, with or without notice to you, and at the sole discretion of Winx Health. You agree that Winx Health shall not be liable for any termination of your use of or access to the Site, or for any harm caused thereby. In the event of any termination of your use of or access to the Site, you agree that the provisions regarding proprietary rights, Product purchases, disclaimer of warranties, limitations of liability, privacy, indemnification, termination, and applicable law shall survive any such termination. 

Severability

If any provision of the Site Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall (i) be deemed severable from the Site Terms, (ii) be enforced to the fullest extent allowed by law as to give effect to the intention of the parties, and (iii) not affect the validity and enforceability of any remaining provisions. 

Waiver

No waiver of any provision or any right granted in the Site Terms will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default under the Site Terms shall be deemed a waiver of any subsequent breach or default. For the avoidance of doubt, any failure by Winx Health to enforce or exercise any provision of the Site Terms or related right shall not constitute a waiver of that right or provision.

Headings and Titles

The section titles used in the Site Terms are purely for convenience and carry with them no legal or contractual effect.

Assignment

You may not assign any of your rights, obligations, or privileges under the Site Terms without the prior written consent of Winx Health, which may be withheld at Winx Health’s sole discretion. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. 

Entire Agreement

The Site Terms constitute the entire agreement between you and Winx Health with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Winx Health with respect to such subject matter.

Third-Party Beneficiaries

You acknowledge that the provisions of the Site Terms are intended to inure to the benefit of entities affiliated with Winx Health or licensors of Winx Health or any of its affiliated entities as third-party beneficiaries of the Site Terms or information providers of Winx Health and Winx Health, its affiliated companies or its or their licensors and information providers shall be entitled to enforce such provisions against you. 

California Consumer Rights Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please send an e-mail to hello@hellowinx.com. You may also contact us by writing to Winx Health, LLC, P.O. Box 63571, 622 South 4th St., Ste. 1, Philadelphia, PA 19147. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

U.S. Government Restricted Rights 

The content on the Site is provided to government users with no greater than “Restricted Rights” as set forth in applicable laws and regulations, and use, duplication, or disclosure by the government is subject to such restrictions. Use of the content on the Site constitutes acknowledgement of Winx Health’s proprietary rights in such content. 

International Users 

The Site is controlled, operated, and administered by Winx Health from its offices within the United States of America. Winx Health makes no representation that the materials or content available through the Site are appropriate or available for use at other locations outside the United States and access to them from territories where their content is illegal or is prohibited. You may not use the Service or export the content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. 

Changes to These Site Terms 

Winx Health may change these Site Terms from time to time, and reserves the right to do so. We need not inform you of changes to the Site Terms. Your continued use of the Site after we have posted any such changes to the Site Terms constitutes your acceptance of any such changes. 

Changes to the Site 

Winx Health may, in its sole discretion, terminate, change, suspend, or discontinue any aspect of the Site or any services offered via the Site, temporarily or permanently, without notice to you, and you agree that Winx Health shall not be liable for any such changes.