PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY BEFORE USING OUR WEBSITE AND/OR SERVICE.
You agree to and understand the following in its entirety:
When You accept the terms and conditions of this User Agreement, You hereby agree and acknowledge that at any time and in our sole discretion, we may modify the terms and conditions of this User Agreement.
The legal entity You are entering into this User Agreement with is Pharewell LLC, a Florida Limited Liability Corporation, located at 6919 W Broward Blvd. #273, Plantation FL 33317.
1.00 Definitions and Use of Service
Bundle: A specified group of products and services chosen by a Customer and submitted to the Pharewell marketplace to solicit pricing for that group of products and services from Product and Service Providers.
Campaign Creator: A person or group of persons who use the Pharewell platform to post a fundraising campaign for Deathcare purposes ("Campaign") to the Pharewell Platform to accept monetary contributions ("Contributions") from contributors ("Contributors").
Customer: A person or group of persons who submit a Bundle into the Pharewell marketplace soliciting pricing from Product and Service Providers for specified products and services. Customers ultimately select which Product and Service Provider(s) to transact with, and work with those Product and Service Provider(s) through product and service delivery.
Deathcare: Refers to the general field of products and services related to funerals, cremations, and burials.
Pharewell Service Fee: Fee charged by Pharewell on a per Bundle basis, paid upon acceptance of pricing from Product and Service Provider(s).
Supplier: A person or company that arranges to supply a product or set of products to Customer’s Product and Service Provider(s). On Pharewell, Suppliers primarily consist of casket, marker/monument, outer burial container, and urn manufacturers who agree to deliver ordered products associated with a Customer purchase.
Product and Service Provider: A person or company that arranges to provide a product and/or service or set of products and/or services to Customer. On Pharewell, Product and Service Providers primarily consist of funeral, cemetery, and cremation providers.
You are responsible for reading all terms, conditions, and contract terms when accepting pricing with Product and Service Providers on Pharewell. You are agreeing to the terms and conditions laid out in the Contract(s) applicable to Your Bundle and are entering into a legally binding agreement with Product and Service Provider(s) unless the transaction is prohibited by law or by this User Agreement. You agree that Product and Service Providers are solely responsible for all aspects of products, services, pricing, and terms offered to Customers. Products, services, pricing, and terms are solely provided by the Products and Service Providers and not by Pharewell. You understand and acknowledge that Pharewell has no control over or responsibility for the accuracy of any and all information provided by other registered Users. You are responsible for reading all the Bundle/pricing details, and by accepting/booking Deathcare services on Pharewell, you are entering into a legally binding agreement to accept the products and services as requested by You. IMPORTANT: Pharewell does not actively screen or qualify Product and Service Providers for compliance with federal, state, or local laws and regulations. It is recommended that You confirm such compliance directly with the Product and Service Provider before services are rendered by such provider(s).
1.30 Product and Service Providers.
You must legally be able to provide the Deathcare products and services You engage in with other User(s) through Pharewell. You agree that it is Your sole obligation to comply with all laws, rules, statutes, and regulations that may apply including any and all local, state, and federal licensing requirements. Any User Agreement specific to You may not directly violate Pharewell’s User Agreement. You are responsible for reading all of the Bundle details, and by submitting a price, You are accepting that if accepted, You are entering into a legally binding agreement to provide the products and services as requested by Customer.
To accept pricing with Product and Service Providers on Pharewell, Customer must enter into legally binding agreement(s), applicable to the Bundle, with Product and Service Providers. Customer agrees that Product and Service Providers are solely responsible for all aspects of products, services, pricing, and terms offered to Customers. Products, services, pricing, and terms are solely provided by the Product and Service Providers and not by Pharewell. Contract(s) issued in connection with each Bundle is non-negotiable and shall be deemed, conclusively, to have been prepared by the relevant Product and Service Providers and entered into among non-Pharewell parties. The parties agree that Pharewell does not issue the Contract(s) and that Pharewell is not a party to the Contract(s).
1.50 License and Acceptable Use.
You may use the Pharewell Services only as permitted by law and as intended by Pharewell. The Pharewell Services contain copyrighted material, inventions, know-how, potential patentable business method material, design logos, phrases, names, logos or applications, and code (collectively the "Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third-party license, are our sole property and we retain all appurtenant rights, interests, and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance", and "graphic function" of our Services including, but not limited to, its color combinations, sounds, layouts, and designs. You agree and acknowledge that Your use of the Pharewell Services does not confer upon You any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, reverse engineer, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks, and copyrights are held by their rightful owners. Pharewell grants to you a non-exclusive, non-transferable (except as permitted below), worldwide limited license to make use of the Pharewell Services. This license does not include any resale of Pharewell Services, or its contents. You may not collect and/or use any Bundle information, pricing information, crowdfunding campaigns, provider descriptions, or other Pharewell platform specific information and/or data for any reason. You may not engage in: any derivative use of any Pharewell Service or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to You in this User Agreement are reserved and retained by Pharewell or its licensors, suppliers, Users, rightsholders, or other content providers. No Pharewell Service, nor any part of any Pharewell Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pharewell. You may not misuse the Pharewell Services for any unintended use, as defined in Sections 1.91 and 1.92.
1.60 Access to Site and Services.
You agree that You can form legally binding contracts under applicable law. Our Services are not available to temporarily or indefinitely suspended Pharewell Users. You acknowledge that You are at least 18 years of age and you have reached the age of majority in the state or jurisdiction where You live or reside. If You are not yet 18 years old or have not reached the age of majority in the state or jurisdiction in which You live or reside, You may not use our Services. Your Pharewell account may not be transferred or sold to another party. If You are registering as a business entity, you represent that You have the authority to bind the entity to this agreement. If You are using our Services as a Product or Service Provider, you agree that you possess the authority to act in such capacity. Users who engage in provision or delivery of Deathcare products and services must have a valid license to operate in such capacity, as applicable. You agree that Pharewell Services are for Deathcare products and services only and that work that You provide will only involve Deathcare products and services. You agree that You will not use Your participation in the Pharewell website to sell or market any types of products or services, unless specifically allowed by Pharewell in writing.
1.70 Pharewell is a Neutral Venue and Digital Clearinghouse.
Pharewell is not a Supplier or Product and Service Provider. Our website acts as a venue where Customers and Product and Service Providers can interact and enter into agreements. Pharewell is not a party to any agreement made between Pharewell Users via the Pharewell platform. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. Pharewell may screen Suppliers or Product and Service Providers, but Pharewell does not endorse, recommend, or refer any specific Product or Service Provider, nor does Pharewell have any control or influence over actions or decisions made by Users of the Service. All Users of the Pharewell platform make their own decisions and You acknowledge and agree that we are not in any way arranging Deathcare Products and Services on Your behalf.
Because we are not involved in the actual transaction between Customers and Product and Service Providers, we have no control over the accuracy of pricing, the ability of Suppliers and/or Product and Service Providers to provide and/or deliver such products and services, or the ability of Customers to complete payment. We cannot ensure that Product and Service Providers will actually deliver the agreed upon products and/or services. We cannot and do not guarantee the ability of Users to complete or fulfill any products or services booked through the Pharewell platform. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and do not guarantee the verification of any User’s identity. Any identity verification methods we employ are strictly on a “best efforts” basis and should not be solely relied upon by our Users. You acknowledge and agree that any and all communications, correspondence, verbal or written or by electronic means, or any warranties or representations made regarding the arrangement of Deathcare services are not provided by us and are specifically and solely between You and the other User.
Pharewell does not guarantee any pricing, delivery, or other terms of business between You and other Users of Pharewell’s Services. Pharewell does not provide any comprehensive guarantees regarding use of its Services, and our Services are not a substitute for thoughtfulness and awareness when engaging in business with other Users. We at Pharewell are not responsible for any losses, damages, or injuries that may result from Your choice to engage in business, or business you transact with another User of our Services. If you do not agree with the foregoing, please do not use our Services.
1.80 Pharewell Cancellation Policy.
Cancellations are subject to the terms and conditions laid out in the Contract(s) applicable to the Bundle and agreed upon with Product and Service Providers. If a cancellation is granted (i) any monies or fees paid to Pharewell are non-refundable and (ii) any costs incurred by Pharewell to service the Bundle are also non-refundable.
1.91 Prohibited Activities.
Pharewell may suspend or remove Your account if we suspect that You have engaged in prohibited activities in connection with our Services. Pharewell reserves the right, but is not obligated, to edit, amend, or delete any prohibited or malicious content that Users submit on our Services. Users may not manipulate or attempt to manipulate other Users’ Pharewell accounts. Other prohibited activities include, but are not limited to:
- Requesting payment from another Pharewell User via instant cash transfer services (non-bank, point-to-point cash transfer services such as Western Union or Moneygram) or any other payment methods outside of the Pharewell platform and not approved by Pharewell specifically;
- Improperly influencing in any manner, or causing another to improperly influence or manipulate in any manner the feedback of User;
- Posting and/or copying and pasting the content of a User feedback review from the Pharewell Services to Your own personal or business website, to any other third-party website, and/or on any of Your own personal, business, or third-party marketing/advertising materials regardless of the form;
- Posting or attempting to post, in any manner or by any means, a feedback review on Your own Pharewell account;
- Asking Customers to pay off-site through another form of payment when they have already paid through the Pharewell platform;
- Charging, or in any way attempting to collect from Users, as an additional charge to the total amount agreed upon for the services, the Pharewell Service Fee, or;
- Charging Users a higher price (including taxes, service charges, or any other fees) than that which was agreed upon on Pharewell. The accepted Bundle price must include ANY and ALL charges, including any taxes, fees, etc.;
- Representing or communicating to Users that You are to collect the Pharewell Service Fee;
- Causing another person or entity to engage in any conduct, act, or behavior intended or designed to circumvent or avoid, in any manner, our right to the Pharewell Service Fee;
- Entering into any transaction, letter of intent, or memorandum of understanding, written or verbal, formal or informal agreement, with a User, that circumvents or avoids our right to a Pharewell Service Fee;
- Communicating or corresponding, whether by written, verbal, or electronic means, with a User, for the purpose of entering into an agreement or transaction that circumvents or avoids our right to a Pharewell Service Fee;
- Sharing, outside of the requirements of our Services and this Agreement, personal contact information, such as but not limited to: website addresses, fax numbers, phone numbers, street addresses, or email addresses;
- Using personal contact information, such as but not limited to: website addresses, fax numbers, phone numbers, street addresses, or email addresses, obtained through the Pharewell website to offer a listed Bundle off the Pharewell platform;
- Using the Pharewell name on Your own personal and/or business website in any manner, including in the URL without express written consent of Pharewell;
- Attempting to redirect website traffic from the Pharewell software platform to Your own personal and/or business website in any manner.
- Transmitting or otherwise Uploading any User content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in the sole judgment of Pharewell, is objectionable or which restricts or inhibits any other person from using or enjoying our Services, or which may expose Pharewell or its Users to any harm or liability of any type;
- Interfering with or disrupting servers or networks connected to our Services, or disobeying any requirements, procedures, policies or regulations of networks connected to our Services;
- Harvesting, collecting or publishing personally identifiable information of others;
- Raising funds for a minor without the express permission of the minor’s guardian
- Using our Services on behalf of a third party or posting any personal data or other information about a third party, without the express consent of that third party;
- Using another User's account without permission, impersonating any person or entity, falsely stating or otherwise misrepresenting Your affiliation with a person or entity, misrepresenting a Campaign through our Services, or posting User content in any inappropriate category or areas on our Services;
- Creating any liability for Pharewell or causing us to lose (in whole or in part) the services of our internet service provider(s), web hosting company, or any other vendors or suppliers;
- Engaging in any conduct that, in Pharewell’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying our Services;
- Interfering with or disrupting any servers or networks used to provide our Services or their respective features, or disobeying any requirements of the networks we use to provide our Services;
- Gaining unauthorized access to our Services, or any account, computer system, or network connected to our Services, by any unauthorized or illegal means;
- Obtaining or attempting to obtain any materials or information not intentionally made available through our Services;
- Undertaking any activity or engage in any conduct that is inconsistent with the business or purpose of our Services; or
- Attempting to undertake indirectly any of the foregoing.
Prohibited Crowdfunding Services Conduct.
You are solely responsible for compliance with all applicable law in relation to Your Campaign or use of our crowdfunding services. You are further solely responsible for all User content that You upload, post, publish, display, transmit or otherwise use (hereinafter, "Upload"). If You are not the beneficiary of the Campaign You organize, You agree to deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify Your compliance with this User Agreement.
The following are examples of User content and/or use that is illegal or prohibited by Pharewell. This list is not exhaustive, and we reserve the right to remove any Campaign and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of this User Agreement. As we investigate Your Campaign, a User, or User content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of our Services, remove the offending User content, suspend, or terminate Your account, stop payments to any such Campaign, freeze or place a hold on Contributions, and report You to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our Users.
Without limiting the foregoing, You agree to only use our crowdfunding services for Deathcare fundraising purposes or to establish or contribute to a deathcare-related Campaign on the Pharewell platform, and to not use our crowdfunding services to raise funds or establish or contribute to any Campaign with the implicit or explicit purpose of or involving:
- The violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with our crowdfunding services
- User content or Campaigns that are fraudulent, misleading, inaccurate, dishonest, or impossible
- Counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder
- Products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party
- Any other activity that Pharewell may deem in its sole discretion to be unacceptable.
With respect to all Contributions You make or accept through our crowdfunding services, You agree:
- Not to make or accept any Contributions that You know or suspect to be erroneous, suspicious or fraudulent
- To maintain a copy of all electronic and other records related to Campaigns and Contributions as necessary for Pharewell to verify compliance with this Agreement and make such records available to Pharewell upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
- At Pharewell’s request, including without limitation in case of investigations by Pharewell, a payment processing partner, or a regulatory or governmental authority, to fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
Pharewell reserves the right to refuse, condition, or suspend any Contributions or other transactions that we believe in our sole discretion may violate this Agreement or harm the interests of our Users, business partners, the public, or Pharewell, or that expose You, Pharewell, or others to risks unacceptable to us. We may share any information related to Your use of our Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations.
1.92 Prohibited and Restricted Items.
You may not submit or participate in any Bundle on our site that violates any applicable law, statute, ordinance, regulation, or includes prohibited items. Prohibited items are defined as hazardous or dangerous goods that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances).
Pharewell requires that Users create an account to access certain portions of the platform. Pharewell discourages You from providing anyone with access to Your login credentials to Your User account. However, if You do give someone Your username and password, or if You fail to adequately safeguard such information, You are responsible for any and all transactions the person performs while using Your account, even if those transactions are fraudulent or You did not intend or want them performed.
2.2 Pharewell User Moderation.
The Pharewell Services are self-policed by Pharewell Users via a flagging system that is used to communicate the policies of the Pharewell User Agreement. Users are encouraged to report/flag any breaches of this Agreement at firstname.lastname@example.org. A registered User who receives a flag is subject to suspension of their account. Pharewell reserves the right to edit, amend, or delete any information posted on the Pharewell Services if, in the sole opinion of Pharewell, it is in violation of any policy.
2.3 Right to Suspend or Remove Users.
We reserve the absolute right to reject or suspend Your participation, or remove You from Your current participation, with the Pharewell Services at any time and for any reason or for no reason and without notice to You. We are not liable for any damage or loss resulting from such hold, suspension, or removal. Events and scenarios that may result in the suspension or removal of Your participation include but are not limited to: flagging; abusive or hostile behavior; unresolved disputes; creating and/or maintaining multiple accounts or relation to other accounts; committing fraud or violating this User Agreement; and, poor performance on the site (high cancellations, negative feedback, etc.). Pharewell has no obligation to disclose the reason for actions taken under this section. All decisions are final.
For each Pharewell transaction, Customer is allowed to submit feedback with respect to Product and Service Providers Customer transacted with. Customers leave the feedback directly through Pharewell. You acknowledge that Your feedback consists of comments left by other Pharewell Users. You agree that You will not use Your Pharewell feedback in any venue other than Pharewell. Users should always use caution and good judgment when leaving feedback for another User because You could be held legally responsible for damages to a User’s reputation if a court were to find that the remarks constitute libel or defamation. Under federal law (the Communications Decency Act), because Pharewell does not censor feedback or investigate it for accuracy, Pharewell is not legally responsible for the remarks that Users post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it.
3.0 Privacy and Security
3.1 Information You Submit.
You solely are responsible for any information You provide to us or other Users in the registration, pricing, acceptance process, or any other use of our Services. Your personal information and any other disclosed information must be true, legal, accurate, and non-fraudulent. You authorize Pharewell to use the information You supply to us in connection with our Services and in accordance with this Agreement.
You acknowledge and agree that our Services act as a passive conduit for any and all communication and/or distribution of information and such communication and/or distribution does not constitute a sale of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information, nor will we act as a monitor over the content of such communication or information. However, we do reserve the absolute right to remove or restrict any communication or information that You may post to the Pharewell Services that is in the sole opinion of Pharewell a violation of this Agreement, illegal, discriminatory, threatening, or lewd. You assume legal responsibility for all damages incurred as a result of any of Your online communication or distribution of information.
Furthermore, You expressly represent and warrant the following: (i) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that You post on the Pharewell Services, or; (ii) You are the legitimate and rightful grantee of a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce, and distribute such communication, content, and/or information. To only that extent to allow us to use Your communication, content, and/or information, and not violate Your rights in the same, You grant to us a royalty-free, transferable, worldwide, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity, and database rights that You have in Your communication, content, and/or information. You further represent and warrant that any and all of Your online communication, content, and/or information will not, in the sole opinion of Pharewell:
- Violate any international, federal or state law, regulation, rule, or statute
- Violate the terms of this Agreement
- Infringe upon any third party's intellectual property rights including, but not limited to, copyright, patent, or trademark rights
- Contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography
- Be libelous, threatening, discriminatory, harassing, or defamatory. This specifically includes making legal claims of any sort about Pharewell employees, agents, other Users, or any of the Pharewell Services
- Knowingly contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our Services, operation of any of our systems, and/or create or impose a large burden or load on our Services
- Scan or test the vulnerability or security of our Services or the system within which our Services operate
- Be used for commercial or public purposes outside of the requirements of this Agreement
- Knowingly create liability for Pharewell through Your use of Pharewell’s Services
- Frame or link to our Services without our written permission; or
- Knowingly involve the upload, or insertion of, any programming language or code into or onto our Services.
3.2 Information Posted Publicly.
3.3 Information Posted Privately.
3.4 Third Party Access
Our Services or third parties may provide or facilitate links, tools, widgets, or other features that allow You to access other sites, services, and resources provided by third parties (collectively, “Third-Party Resources”). Pharewell has no control over such Third-Party Resources or any products, services or content made available through or by such Third-Party Resources, or the business practices of the third parties providing such Third-Party Resources, and Pharewell is not responsible for and does not endorse such Third-Party Resources or the products, services, or content made available thereby. You acknowledge that Pharewell is not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such Third-Party Resources.
You further acknowledge and agree that Pharewell will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such Third-Party Resources. Any dealings You have with third parties found while using our Services are between You and the third party and may be subject to additional terms provided by the third party, which You agree to by using such Third-Party Resources. You agree that Pharewell is not liable for any loss or claim that You may have against any such third party.
Pharewell uses industry standard practices to safeguard Your personal information. We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Services can be interrupted by numerous factors outside of our control.
You agree to maintain reasonable and standard security measures to protect any information transmitted and received through our Services, including without limitation by adhering to any security procedures and controls required by Pharewell from time to time.
3.51 Record Keeping/Audit.
Pharewell reserves the right to keep all records of any and all transactions and communications between You and other Users for administration purposes in accordance with all applicable laws and regulations. All records will be kept in accordance with applicable privacy laws and regulations.
3.52 Data Retention.
You acknowledge that Pharewell has no obligation to You to retain data relating to any account or Campaign. You acknowledge that Pharewell reserves the right to delete data or to terminate accounts or Campaigns at any time and for any reason, with or without notice, and without any liability to You or to any third party for any claims, damages, costs, or losses resulting therefrom.
3.6 Trademark and Domain Name Protection.
Pharewell may use trademarks, trade names, trade dress, service marks, or other information required from Users to participate in the Pharewell Services. However, the Pharewell Services contain trademarks, trade names, trade dress, service marks, domain names, and other indicia of ownership (collectively the "Marks") owned or licensed for use by Pharewell. Unless otherwise agreed to in an Addendum to this Agreement, You agree that no right, property, license, permission, or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by You pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of our right of title to or license of use for, the Marks, and You shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Pharewell Services without express written consent. You may not use any meta tags or any other "hidden text" utilizing Pharewell’s name or trademarks without the express written consent of Pharewell. You shall not use or register any domain name that is identical to or similar to any of the Marks. To the greatest extent possible, Pharewell’s rights in our Marks and Our Information shall be enforceable and respected worldwide.
3.7 Feedback Submissions.
We always want to receive messages and feedback from Pharewell Users and welcome any comments regarding the Pharewell marketplace. However, Pharewell policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by Pharewell might be similar or even identical to Your idea.
If You do send Pharewell an unsolicited suggestion, idea, or proposal, or if You send, at the request of Pharewell, a comment or suggestion to improve the Pharewell Services (for example, through discussion boards or via email) (collectively, the "Submission"), Pharewell will consider the Submission to be non-confidential and non-proprietary. Pharewell shall have no obligations concerning the Submission, contractual or otherwise (including, but not limited to, an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. Pharewell shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial, or otherwise, without compensation to you.
As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to You or You may otherwise learn of, or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited. All obligations contained in this Section shall survive the termination of this Agreement. Furthermore, You acknowledge that Our Information is proprietary, confidential, and extremely valuable to us, and that we would be materially damaged by Your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief in addition to recovery for damages.
During the term of this Agreement You shall not solicit to hire nor hire our employees of whom You become aware of through the performance of this Agreement. Furthermore, You shall not otherwise interfere with any of Pharewell’s other business relationships including, but not limited to, those with other Pharewell Users, vendors, or business associates. Specifically, You shall not knowingly, directly or indirectly, solicit or attempt to solicit, divert, and/or send marketing content to any Pharewell User you initially met through Pharewell.
4.0 Financial Requirements
Payment processing services for Users on the Pharewell platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe User Agreement (collectively, the “Stripe Services Agreement”). By agreeing to this User Agreement, You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Pharewell enabling payment processing services through Stripe, You agree to provide Pharewell with accurate and complete information about You and Your business. You authorize Pharewell and Stripe to share Your information and transaction information related to Your use of the payment processing services provided by Stripe.
Suppliers and Product and Service Providers do not control the timing of payments for provided products and services. Flow of payment will be dictated by Pharewell Payment Policy described below. By creating an account on Pharewell, Customers, Suppliers, and Product and Service Providers are agreeing to remit and accept payment between one another on timing guidelines set by Pharewell. Pharewell is not an escrow service and each individual User is solely in control of payments made through Pharewell.
Customer agrees to release the payment to Product and Service Providers regardless of damages, delays, or any other service level issue that might have occurred. Pharewell will make commercially reasonable efforts to ensure proper disbursement of funds among Customers, Suppliers, and Product and Service Providers; however, Pharewell shall have no liability or be otherwise indebted to Suppliers or Product and Service Providers if Customer fails to remit a payment, nor will Pharewell be liable to Customer or Product and Service Providers for any damages, missing items, or other service level issues that occur.
If Customer refuses to release the payment, Pharewell cannot release payment without Customer’s consent under any circumstance and the right to payment of Product and Service Providers shall then be conditioned on Customer’s consent. It is the responsibility of both Customer and Providers to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of Pharewell. Customer, Suppliers and Product and Service Providers acknowledge and agree that Pharewell shall not have any obligations or liability to any party unless Pharewell fails to fulfill its explicit obligations hereunder.
4.2 Pharewell Payment Policy.
Upon acceptance of pricing, Customer shall pay (i) entirety of Pharewell Service Fee, (ii) entirety of taxes due (if applicable), and (iii) entirety of amounts due to Product and Service Providers. Item (i) is not refundable for any reason. 50% of amounts due to Product and Service Providers shall be delivered on or around the product and service delivery date agreed upon among Customer and Product and Service Providers.
Unwarranted chargebacks or payment reversals initiated by Pharewell Users are prohibited, will result in the suspension of Your Pharewell account, and may result in Pharewell pursuing any and all options at its disposal to collect the withdrawn funds including, but not limited to, sending Your unpaid account to a third-party collection agency. In the event that services were not performed and products were not delivered, all Users must abide by Pharewell Cancellation Policy. The Pharewell cancellation process ensures the integrity of the feedback system and accuracy of any refund.
There are situations where a chargeback may be warranted, such as when a User feels that their card or payment method has been charged fraudulently. Prior to any chargeback initiation, Pharewell must be notified by the cardholder so that Pharewell may investigate the claim to determine if a chargeback is appropriate. The Product and Service Provider(s) shall respond to the User who wishes to initiate a chargeback in order to conduct the aforementioned investigation. A chargeback may not be filed as a replacement, or an addition, to a cancellation of a Pharewell transaction.
If an unwarranted chargeback of Customer’s payment is initiated and accepted by the payment processor or other entity, Pharewell reserves the right to charge the Supplier(s) and/or Product and Service Provider(s) for any costs or fees associated with the chargeback. If a chargeback is accepted, the Supplier(s) and/or Product and Service Provider(s) becomes responsible for that invoiceable amount. However, the Product and Service Provider(s) is responsible to remit all funds due, including funds received by the Supplier(s), to the User who initiated a successful chargeback.
4.3 Campaign Withdrawals.
While Pharewell strives to make withdrawals available to You promptly, You acknowledge and agree that withdrawals may not be available to You for use immediately, and Pharewell does not guarantee that withdrawals will be available to you within any specific time frame, and Pharewell expressly disclaims any and all responsibility for any delay or inability to access and use withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Campaign Creator, are responsible for ensuring that the information you provide to Pharewell in order to process a withdrawal is accurate and up to date. Pharewell may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Contribution(s) with or without consulting with You, which may comprise the entire amount contributed to Your Campaign. Pharewell is not liable to You or to any third party for any claims, damages, costs, losses, or other consequences caused by Pharewell issuing refunds, including, but not limited to transaction or overdraft fees.
4.4 Pricing and Price Changes.
Pharewell does not set or control prices offered by Product and Service Providers. Pricing received by Customers from Product and Service Providers is required to be all-inclusive based on the information Customers provide.
You are solely responsible for all transactions conducted through Your account and for paying all fees incurred by any Users of Your account as well as all applicable taxes. Some features on Pharewell may require a payment method to be on file with Pharewell. You authorize Pharewell to charge any applicable fees to the payment method(s) You provide to us. Pharewell reserves the right to waive or change our fees, penalties, or interest at any time. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period indicated in writing by Pharewell.
4.51 Basic Account Fees.
There are no registration or subscription fees for Customer, Supplier, or Product and Service Provider accounts.
4.52 Service Fee.
Pharewell may collect a Pharewell Service Fee upon acceptance of pricing by a Customer. The amount of said Pharewell Service Fee, if any, will be displayed to Customers prior to payment of such fee and will be paid by Customers.
4.53 Authorization to Credit and Debit Accounts.
As a Customer, You irrevocably and expressly authorize Pharewell to credit any monies to the account or payment method that You have identified for Pharewell. You agree that it is Your responsibility to maintain a valid credit card or bank account on file while engaging in activity with the Pharewell Services. You agree that if You do not maintain a valid credit card or bank account on file during any billing attempt, You may be subject to interest and penalties to be determined by Pharewell. Subject to paragraph 4.2, You expressly authorize Pharewell to withhold any monies and/or debit any monies from any account that You have identified to Pharewell for any chargebacks, fees, costs, deductions, adjustments, and any other amounts owed to Pharewell. We reserve our rights to all actions and remedies in connection with any monies owed to Pharewell.
4.54 Account Holds.
From time to time, Pharewell may, in its sole discretion, place a hold on an account, restrict withdrawals, initiate a reverse ACH transfer, secure reserves, or take similar actions to protect our interests and those of our Users. If You have questions about a hold we may have placed on Your account, or need information about how to resolve the hold, please contact us at email@example.com.
You are solely responsible for any and all taxes, levies, charges, and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by Pharewell.
5.0 Third Party App Terms
5.1 Google Maps
5.2 Mobile Application Usage.
When using the Services on a mobile device, You shall: (i) observe all traffic laws and otherwise drive safely; (ii) use Your good personal judgment while driving, (iii) not interact with the website, unless Your vehicle is stationary and legally parked; (iv) not use the Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes.
You may only access the Service using authorized means. Pharewell is not liable if you do not have a compatible mobile device. You will comply with all applicable laws from Your home nation, the country, state, and/or city in which you are present while using the Service.
This section refers to the crowdfunding aspects of the Pharewell platform. Where the terms as applied to crowdfunding in Section 6 differ from terms elsewhere in the User Agreement, Section 6 controls.
6.1 Pharewell is not a Broker, Financial Institution, Creditor or Charity.
Our crowdfunding services are administrative platforms only. Pharewell facilitates the Campaign of the Campaign Creator and permits Contributors to make Contributions to these Campaign Creators. Pharewell is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation.
All information and content provided by Pharewell relating to our crowdfunding services is for informational purposes only, and Pharewell does not guarantee the accuracy, completeness, timeliness, or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Contributions, Contributors, or any information or content relating to our crowdfunding services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by You using our crowdfunding services is at Your own risk.
Pharewell has no control over the conduct of, or any information provided by, Users and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Campaign will obtain a certain amount of Contributions or any Contributions at all. We do not endorse any Campaign or User and we make no guarantee, express or implied, that any information provided through the crowdfunding services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. You, as a Contributor, must make the final determination as to the value and appropriateness of contributing to any User or Campaign.
6.2 No Solicitation.
Our crowdfunding services are offered to help Campaign Creators raise money for Deathcare purposes. Pharewell merely provides the technology to allow fundraisers to connect with Contributors. The existence of the crowdfunding services is not a solicitation of Contributions by Pharewell, and Pharewell does not engage in any solicitation activities, or consult on the solicitation of Contributions from the public, on behalf of any individual, entity, or organization. By using our crowdfunding services, You understand and agree that Pharewell shall not be responsible for the use of Your Contributions or the amount of funds raised for the User or Campaign.
All Contributions are at your own risk. When You make a Contribution through our crowdfunding services, it is Your responsibility to understand how your money will be used. Pharewell is not responsible for any offers, promises, rewards, or promotions made or offered by Users or Campaigns. We do not and cannot verify the information that Users or Campaigns supply, nor do we represent or guarantee that the Contributions will be used in accordance with any Deathcare fundraising purpose prescribed by a User or Campaign or in accordance with applicable laws. Notwithstanding the foregoing, if You have reason to believe that a User or Campaign is not raising or using the funds for their stated Deathcare purpose, please contact us at firstname.lastname@example.org.
Pharewell makes no representation as to whether all or any portion of your Contributions, including, if any, payment processor fees, are tax deductible or eligible for tax credits. Pharewell will not issue You a tax receipt and will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Contribution by You, or any User. You should consult with Your tax advisor as to the amount, if any, of Your Contribution that is tax deductible or eligible for tax recognition.
In order to contribute to a Campaign, You agree that a certain minimum Contribution amount may apply, and that all Contributions are final and will not be refunded unless Pharewell, in its sole discretion, agrees to issue a refund. Pharewell uses third-party payment processing partners to bill You through Your Payment Method for any Contributions made, and Contributors acknowledge that by contributing to a Campaign, the Contributor agrees to the processing, use, transfer or disclosure of data by our payment processors pursuant to any and all applicable terms set forth by our payment partners, in addition to the terms in this Agreement.
6.5 Campaign Creator.
You, as a Campaign Creator, represent, warrant, and covenant that (i) all information You provide in connection with a Campaign is accurate, complete, for Deathcare purposes, and not likely to deceive reasonable Users; (ii) all Contributions made to and withdrawn from Your Campaign will be used solely for Deathcare purposes and as described in the materials that you post or otherwise provide; (iii) You will not offer any contest, competition, reward, give-away, raffle, sweepstakes or similar promotional activities; (iv) You will not infringe the rights of others; (v) You will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration and tax reporting; and (vi) to the extent You share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of Your personal contacts, You have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize Pharewell, and Pharewell reserves the right to, provide information relating to your Campaign to Contributors, beneficiaries of your Campaign, or law enforcement, and to assist in any investigation thereof.
It is your responsibility to determine what, if any, taxes apply to the Contributions you receive through your use of our crowdfunding services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority. You should consult with Your tax advisor and maintain adequate records of Contributions received to ensure that You are in compliance with the appropriate tax laws and authorities. As part of this Agreement, You represent that You are not providing any goods or services in exchange for the contribution of funds. Consequently, Pharewell will not provide you with any tax documentation for funds raised through Your Campaign, nor will Pharewell report the funds you collected as earned income.
7.0 Disputes and General Provisions
7.10 Resolving User Disputes.
To maintain the integrity of the feedback system, feedback left for a User is a permanent part of that User’s profile. Feedback comments cannot be edited at a later date. Users should resolve any misunderstandings prior to leaving feedback, as most misunderstandings can and are resolved quickly through direct communication. There may be times when You are unhappy with, disagree with, or regret feedback that You left for another User, or that may have been left for You. If You have a disagreement over feedback that has been left, You have the following options to respond:
Reply to Feedback Received. Share Your side of the story by responding to any comment that has been left for you. Your response will be shown directly below the comment left by the other Pharewell User.
Mutual Feedback Withdrawal. If both Users are able to resolve a problem after feedback has been left, You can mutually agree to withdraw the feedback rating and comment. Both Users must agree, and feedback will be withdrawn at the same time upon written confirmation of the request to Pharewell by both Users.
Feedback Comment Withdrawal. Pharewell will remove individual feedback comments only in very rare circumstances, such as but not limited to, when they violate certain Pharewell policies and instances when Pharewell receives a valid court order to remove feedback.
Should you have a dispute with one or more Pharewell Users, You release Pharewell LLC, its officers, directors, agents, advisors, attorneys, accountants, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and/or this User Agreement.
7.20 Pharewell Dispute Resolution.
Disputes between You and Pharewell regarding our Services should be reported to Pharewell support (email@example.com) and are otherwise governed by the Arbitration section of this User Agreement. We will attempt to resolve any disputes between you and another User through customer support protocols. Because we are a neutral venue, however, we are not responsible for successfully resolving any disputes, nor are we responsible for any decisions made or actions taken in a reasonable effort to assist in the resolution of a dispute involving You. If You report a dispute to Pharewell, we will make reasonable efforts to help both parties communicate; however, all disputes must be resolved directly between You and the other party. Therefore, if we are contacted by a User who claims to have a dispute with You regarding transactions completed on Pharewell and they request Your contact information (including, but not limited to, any of Your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release Your provided contact information to the Pharewell User and You agree to release us from any and all liability associated therewith. We encourage You to report all User-to-User disputes to law enforcement officials, or a certified mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
7.21 Arbitration and Waiver of Class Actions.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT IS AN AGREEMENT TO ARBITRATE DISPUTES (“ARBITRATION AGREEMENT”) AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. YOU UNDERSTAND AND AGREE THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, BUT BY ENTERING INTO THIS AGREEMENT CHOOSE TO HAVE ANY DISPUTE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE OR MAY BE MORE LIMITED IN ARBITRATION, INCLUDING YOUR RIGHT TO APPEAL. In consideration for our willingness to provide You with access to our sites, Services, or tools, You and we agree as follows: Any legal claim arising out of or relating to this Agreement or our Services (excluding legal action taken by Pharewell to collect our fees or recover damages for, or obtain an injunction relating to, the Pharewell operations, intellectual property, or Our Information), shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, including, if necessary, the Optional Rules for Emergency Measures of Protection. The arbitration shall be conducted in Miami, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CLIENT OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CLIENT OR USER. YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING.
If You use our Services in violation of this agreement, we are authorized to take action against you as a User and/or take action against Your Pharewell account which may include, but is not limited to, the immediate removal of Your offers, pricing, and/or profile, notifying our Users of Your actions, issuing a warning, temporarily suspending Your User status, terminating Your User status, and/or refusing to provide our Services to You in the future.
7.3 Limited Liability and No Warranty.
You acknowledge that we cannot guarantee the continuous operation of or access to our sites, Services, or tools including those of any existing or future third-party solution providers. You further acknowledge that operation of and access to our sites, Services, or tools including those of third-party solution providers may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that Pharewell is not responsible for any failures, delays, outages, or otherwise not making the Services available at any time. You agree that You are making use of our websites, Services, and tools including those of third-party solution providers at Your own risk, and that they are being provided to You on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, warranties of title, and fitness for a particular purpose.
In addition, to the extent permitted by applicable law, we are not liable, and You agree not to hold Pharewell responsible, for any damages or losses resulting in any way from the foregoing in this Section, or the following:
- Viruses or other malicious software obtained by accessing our Services, or tools linked to our Services including those of third-party solution providers;
- Glitches, bugs, errors, or inaccuracies of any kind including information and graphics obtained from or in our Services;
- The content, actions, or inactions of third parties, including items listed using our Services;
- Your need to modify practices, content, or behavior or Your loss of or inability to do business, as a result of changes to this Agreement or our policies;
- Changes to the Service availability, including planned or unplanned Service downtime;
- Changes to any Pharewell products, features, or Services; and
- Your removal from the Pharewell marketplace.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You. In such jurisdictions, it is the intent of the parties to this User Agreement to make clear that Pharewell’s liability is extremely limited and provides its Services “AS IS”, and if this User Agreement is modified by any Court of competent jurisdiction to conform to local law, such modification shall be conducted while preserving the original intent of the parties as closely as possible.
7.40 No Agency.
You hereby agree and acknowledge that Your execution of this Agreement, Your provision of services and/or Your use of the Pharewell Services, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship with us and furthermore that no affiliation, association, or connection exists between You and Pharewell.
You agree to indemnify, release and hold harmless Pharewell, its owners, subsidiaries, affiliates, officers, directors, employees, agents, representatives and assigns from any and all claims, loss, damage, liability, costs or expenses, including attorney’s fees and costs, resulting from any and all actions taken as a result of your use of Pharewell’s Services, including any claim made by any third party due to or arising out of Your negligence, breach of this Agreement, misuse of Pharewell’s Services, or violation of any law or the rights of a third party.
This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole, and any such provision should be enforced by authorities and reconstructed, if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation or arbitration involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
7.51 Other Terms and Conditions.
You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for Your use of the Pharewell Services at any time. You agree that any additional terms and conditions that apply to Your use of our Services shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that, if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth in those additional terms shall govern.
7.52 Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding Your use of the Pharewell Services.
7.53 Governing Law.
THIS AGREEMENT AND YOUR USE OF THE SERVICES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
If we make changes to the terms and conditions of this User Agreement, we will notify you of such changes. All modified terms and conditions shall take effect immediately after posting to the Pharewell website, or upon the stated date included within our notice. Your continued use of the Pharewell Services following the effective date of such changes will constitute Your acceptance and consent to any and all modified terms. This User Agreement may not be modified, amended, and/or changed by You in any manner. Furthermore, You agree that we may modify this User Agreement or discontinue our Services at any time and without notice and without any liability or responsibility to You.
All notices sent to Pharewell shall be sent by physical mail to: Pharewell LLC, 6919 W Broward Blvd. #273, Plantation FL 33317 or via email to: firstname.lastname@example.org. All notices will be sent to You using the contact information you provide and may be sent via Pharewell online service messages or notifications, regular mail, e-mail, text, phone call, or fax.
Last Revised Date: December 15, 2021