LAST UPDATED: January 25, 2021

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

Subject to these Terms of Use, Beacon Wellness Brands, Inc. (doing business as plusOne®, and Deia™, and referred to herein as “plusOne,” “Deia,” “we,” “us” and “our”) provides you with access to our website www.myplusone.com (referred to herein as the “Site”). We reserve the right to take any such action as we deem necessary in the event that we suspect any fraudulent or unlawful activity, including without limitation, suspending or terminating access to the Site, suspending or terminating any plusOne accounts and/or cancelling any order for products.

1. Acceptance of Terms of Use

BY ACCESSING, USING, REGISTERING WITH OR PURCHASING PRODUCTS AT THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE, PLEASE EXIT AND DO NOT ACCESS, USE OR PURCHASE PRODUCTS AT THIS SITE.

These Terms of Use are available at a link at the bottom of each page on the Site. We may change these Terms of Use at any time and from time to time. Please check these Terms of Use before using the Site to determine whether a change has been made. Your continuing access to or use of the Site confirms your unconditional acceptance of the then-current Terms of Use in their entirety. If you do not agree to the changes in the Terms of Use as they occur, you should exit and not use the Site.

From time to time, plusOne may supplement these Terms of Use with additional terms pertaining to specific content or events (“Additional Terms”), which Additional Terms may be placed on the Site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.

2. Use of the Site

You may browse and use the Site solely for your personal, non-commercial purposes and in compliance with these Terms of Use. You may not distribute, modify, transmit, publish, reuse, repost or use the Site or any content made available on the Site: (i) for public or commercial purposes without the express written permission of plusOne; (ii) in a manner inconsistent with or in violation of these Terms of Use; (iii) in violation of any applicable law, rule, regulation or order; or (iv) in a manner that could damage, disable, overburden or impair the Site or interfere with any other person’s use or enjoyment of the Site.

You will not use the Site for junk mail, ‘spamming’ solicitations (commercial or non-commercial), chain letters or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

You will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, “Viruses”). We do not have an obligation to detect the presence of such Viruses. You may not use the Site in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Site. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Site. If you download software or any other content from the Site, you do so at your own risk.

3. Account Registration

You may choose to register for a plusOne account within the Site. By registering for such an account, you represent that (i) you are of sufficient legal age or otherwise have the authority and capacity to legally enter into these Terms of Use, and (ii) the information you provide to plusOne in connection with an account is true, accurate, current, and complete information about yourself. The account is personal to you and you may not under any circumstances share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. We may revoke or prohibit the registration of your account for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms of Use or the Privacy Policy.

4. Copyright and Trademarks

The Site and all text, audio, video, pictures, music, images, graphics, information, data, content, and other material displayed on, or downloadable from, the Site (the “Content”) are the property of, or used with permission by, plusOne and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify the Content in any way or reproduce or publicly display, perform, distribute or otherwise use any such Content for any public or commercial purpose. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You may not remove any copyright, trademark or other proprietary notices from the Site or any Content. All rights to Content not expressly granted herein are reserved by and to the respective owners of such Content.

Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Site are registered and unregistered trademarks, trade names and service marks owned by plusOne. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by plusOne. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without plusOne’s written permission or the written permission of such third-party owner.

5. User Communications

You alone are responsible for any communication, message or other content that you post, upload, submit, transmit or share with plusOne on the Site or by electronic mail or third party websites, including without limitation any data, images, questions, comments, ideas, concepts, know-how, techniques, suggestions or the like (collectively “User Communications”). By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. We do not endorse or sponsor any such User Communications submitted by you or other users of the Site. We may terminate or deny you access to the Site if we determine that you are violating these Terms of Use, or applicable law, rule, regulation or order or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider or any other third party.

Subject to the terms and conditions set forth in our Privacy Policy (available at a link at the bottom of each page in the Site), all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution. You hereby grant to plusOne and our affiliates and designees, a perpetual, fully paid up, royalty-free, irrevocable, worldwide license to the User Communications to use, transmit, copy, reproduce, distribute, publicly perform, publicly display, and prepare derivate works based upon such User Communications in any and all media now known or hereafter to become known for any and all commercial and non-commercial purposes, without the need for any acknowledgment, compensation or attribution. You declare and warrant to us that you are entitled to transmit or post User Communications to the Site and have all relevant licenses and consents from any relevant third parties. Further, plusOne and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Communication you send to the Site for any purpose whatsoever including without limitation developing, manufacturing and marketing products.

You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, infringing, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. We will fully cooperate with any law enforcement or regulatory authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.

We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We act merely as a medium for distribution of User Communications and will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree to notify plusOne of any objectionable User Communications. We may remove any or all User Communications.

6. Personal Information/Privacy Policy

We value your privacy. Please refer to our Privacy Policy for details about what information we collect on this Site and how we use and share such information.

7. Termination/Suspension

We may suspend or terminate your use of the Site at any time, for any reason or for no reason. We may change, suspend, or discontinue all or any aspect of the Site at any time without notice. Additionally, we may cancel any order placed through the Site at any time in our sole discretion.

8. Purchasing Products

We attempt to describe our products as accurately as possible. However, we do not warrant that any product description or other content on the Site will be accurate, complete, reliable or error-free. If a product purchased on the Site does not conform to the product description, your sole and exclusive remedy is to return the unused product. We also strive to display the colors of products as accurately as possible, but the appearance of colors on the Site may be affected by the monitor on your computer, and accordingly we cannot guarantee that your monitor will accurately depict the actual colors of products.

The price for any item purchased from the Site is not confirmed until your order is accepted by plusOne. Although we strive to make our Site pricing as accurate and up to date as possible, the price you receive at order acceptance may differ from the price displayed for the product on the Site. Products displayed on the Site may be out-of-stock or discontinued, and prices are subject to change.

We stand behind the products we sell and the service that we provide to our customers and aim for complete satisfaction. Customer service and satisfaction is at our core so if you are not happy with your purchase for any reason we will do our best to make it right. See our return policy immediate below.

9. Return Policy

Except for items specifically identified as “final sale” or otherwise not returnable, we accept returns and exchanges postmarked within sixty (60) days from the date your order was shipped as long as the returns are received by plusOne in new condition. This means that the returns must be unused, with all original packaging, and not damaged.

1. Return of items purchased through the Site.

In order to process the return of an item purchased through the Site, please sign into your plusOne account and locate the relevant order using the navigation menu on the left-hand side of your screen. Select the relevant item(s) on the order to be returned, and submit the items for return processing by clicking the return link. A plusOne customer service representative will email you at the email address listed in your account with a link to a self-service portal where you may print the return shipping label. Please tape this label to the outside of your return packaging and send the product back to us. Upon our receipt of the product and final approval of the return, we will refund the amount of your purchase price using the payment method used to purchase the item(s).

• Return of defective items purchased through a third-party retailer.

In order to process the return of a defective item purchased with in the two-year warranty period through a third-party retailer, please visit the plusOne Support page of the Site. Select the “other retailer” option, which will bring you to the plusOne “Returns and Refunds” page. Once you complete the return form, a plusOne customer service representative will email you at the email address you provide to us with return shipping instructions. Upon our receipt of the returned product and final approval of the return, we will refund the amount of your purchase price by mailing a check to you at the address you provide.

Shipping and handling charges are not refundable. We do not take title to returned products until the item arrives at our returns department. Alternative return policies may apply to particular products and product lines.

If you have any questions about our returns process, please contact customer service at info@myplusone.com for assistance.

10. Pricing Policy

Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We may correct such mistakes and errors. We cannot guarantee that information displayed on the site is 100% accurate. In the event that a product is listed at an incorrect price or a product description is inaccurate, we may reject any order or to cancel any orders placed for that product. In those circumstances, if your credit card has already been charged, we will issue a credit to your credit card within a commercially reasonable amount of time.

We may limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion.

11. Payment Information

To make purchases through the Site you must submit credit card information. You represent and warrant to plusOne that such information is true and that you are authorized to use the payment instrument. You authorize plusOne to use any updated credit card information submitted by your credit card company directly to plusOne. If you dispute any charges, you must inform plusOne within 10 days of the charge.

12. Sales Tax

We reserve the right to collect sales tax in any state or jurisdiction if we believe that such collection is required by law.

For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. You may have a tax obligation in states where plusOne does not collect sales tax. Details of how to report these taxes may be found at the websites of your respective taxing authorities.

13. Linking

This Site may contain links to other websites that are not owned, operated or controlled by plusOne or its affiliates (each a “Third-Party Site”). All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave our Site. We are not responsible for your access to or use of any Third-Party Site. We do not endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or information accessible from such Third Party Sites, or the results that you may obtain from using any Third-Party Site. If you access any Third-Party Site linked to or from the Site, you do so entirely at your own risk.

If you intend to create any link from another website to any page on this Site, you will inform us via email at: linking@myplusone.com. We may prohibit any such link at any time. Any permitted links to the Site must comply with all applicable laws, rules, regulations and orders and any applicable plusOne policies. Running or displaying the Site or any Content in frames or similar means on another website without our prior written permission is prohibited.

14. Product Warranty; Disclaimer of Warranties

We warrant for a period of two (2) years after purchase date that plusOne-branded products are free from defects in manufacturing and materials. This is not a guarantee against normal wear and tear.

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THE PARAGRAPH ABOVE, THE SITE, CONTENT AND ANY PRODUCTS PURCHASED FROM THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THE PARAGRAPH ABOVE, PLUSONE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, CONTENT AND ANY PRODUCTS PURCHASED FROM THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

PLUSONE MAKES NO WARRANTY THAT THE SITE, CONTENT OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE, THE CONTENT OR YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR FREE.

PLUSONE DOES NOT GUARANTEE OR WARRANT THAT THE SITE, THE SERVER OR ANY CONTENT WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.

THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION 14 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

15. Limitations of Liability

IN NO EVENT WILL PLUSONE BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE SITE OR CONTENT OR RESULTING FROM ANY PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT PURCHASED BY YOU FROM US THROUGH OUR SITE.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 15 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

16. Indemnification

Unless prohibited by applicable law, you agree to indemnify and hold harmless each of PLUSONE, its affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or related to your use of this Site OR ANY CONTENT, the violation OR ATTEMPTED VIOLATION of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY THIRD-PARTY CLAIM WITHOUT OUR CONSENT.

17. Governing Law; Disputes; Arbitration; Class Action Waiver

We provide our Site from our offices within the United States. We make no representation that the Content on our Site is appropriate, legal or available for use in other locations. These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflicts of law provisions. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED.

Any controversy or claim arising out of or relating to these Terms of Use, your use of the Site or your purchase of any products from the Site shall be settled by arbitration administered by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. However, if you do not wish to have all such controversies or claims settled by arbitration in such manner, you may opt-out of this requirement by emailing us at legal@myplusone.com within ten (10) days of becoming a Member.

By agreeing to arbitration, you understand and agree you are waiving your rights to assert claims via other dispute resolution processes, including a court action. Payment of filing, administration and arbitrator fees will be governed by the AAA rules, provided that we will reimburse you for any such filing, administration and arbitrator fees if your claim is for less than $10,000 unless the arbitrator determines such claims to be frivolous. Further, we will not seek attorney’s fees or costs in the arbitration unless the arbitrator determines your claims to be frivolous. Unless the arbitrator requires otherwise, you may elect to conduct the arbitration by telephone, based on written submissions or in person in the state in which you reside or a mutually agreed location. All dispute resolution proceedings will be conducted on an individual basis and not in a class action or similar consolidated action. If, for any reason, a claim proceeds in court, rather than in arbitration, you and plusOne each waive any right to a jury trial. Notwithstanding any other provision in these Terms of Use, plusOne may commence suit in court to enjoin infringement or misappropriation of intellectual property rights or confidential information.

If you believe that a controversy or claim arising out of or relating to these Terms of Use, your use of the Site or your purchase of any products from the Site, you agree to provide us with a notification via email to legal@myplusone.com, briefly summarizing the claim or controversy and your request for relief, before instituting any other formal legal action against us.

YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST PLUSONE ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR SIMILAR CONSOLIDATED ACTION.

18. Remedies for Breach of these Terms by You

Without limiting any other rights or remedies, in the event that plusOne determines that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct that plusOne deems to be inappropriate or unacceptable, plusOne may (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any User Communications or other content provided by you or your agent(s) to the Site; (iii) discontinue your access to the Site, (iv) notify and/or send content to and/or fully cooperate with law enforcement authorities for further action; and/or (v) any other action which plusOne deems to be appropriate.

If your ability to access and/or use the Site or any other service provided to you by plusOne is discontinued by us hereunder, then you agree that you shall not attempt to re-register with or access the Site, any other service provided by plusOne, through use of a different member name or otherwise.

19. Use of the Site Outside of the United States

We make no representation that information available in connection with the services provided by plusOne is appropriate or available for use outside the United States. If you access the Site and our services from outside the United States you do so on your sole initiative and risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.

20. Copyright Complaints

We respect the intellectual property of others, and we expect users of the Site to do the same. Pursuant to Title 17 U.S.C. § 512(c), if you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, you may notify our designated Copyright Agent at the following:

Beacon Wellness Brands, Inc.
85 Wells Ave. Suite 106
Newton, MA 02459

or, via e-mail to: legal@myplusone.com

All claims of copyright infringement must be in writing and must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on our Site where the material that you claim is infringing your copyright interest is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

21. Children

Access to and use of the Site is made available only to people who can form legally binding agreements under applicable law. Pursuant to Title 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise website http://www.getnetwise.org/ (GetNetWise is not owned, operated, endorsed by or affiliated with plusOne).

22. Miscellaneous

In the event that any provision of these Terms of Use conflicts with applicable law, rule, regulation or order or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of these Terms of Use will remain in full force and effect. Any failure by plusOne to insist upon or enforce strict performance of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment of plusOne’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. We will not be liable for failure or delay in performing our obligations because of causes beyond our reasonable control, including acts of God, terrorism, war, riots, fire, earthquake, flood, or degradation or failure of third party networks or communications infrastructure.

You represent to plusOne that you have the authority to access and use the Site according to these Terms of Use. These Terms of Use and any Additional Terms (as such terms shall be identified when posted on the Site) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. You consent to receive communications from us electronically. We may communicate with you by email, phone, SMS text message, third-party messaging applications, or by posting notice on this Site. You agree that any notices, disclosures, amendments or other communications provided to you electronically satisfy any requirement, legal or otherwise, that such communication be in writing.

23. Contact Us

We welcome your comments and questions. Please contact us at: info@myplusone.com.

Beacon Wellness Brands, Inc. Copyright 2021-2023. All rights reserved.