Terms of Service

Terms of Service

Date of last update: 8/28/2024

Overview
DeepWell.com is operated by Artesian Life Company. (dba “DeepWell”). The terms “we”, “us” and “our” refer to Artesian Life Company. Your use of this website and any and all information, tools, etc., is conditioned upon your acceptance of all terms, conditions, policies, and notices stated within our Terms & Conditions.

When you visit our site and/or buy something from us, you engage in our “Service” and agree to be subject to the Terms & Conditions stated here, as well as any additional terms and conditions and policies referenced here. These Terms of Service apply to all users of the site regardless of who they are or the nature of their visit.

Please read these Terms of Service thoroughly before viewing or reading our website or prior to any purchase. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you are prohibited from viewing, reading, or purchasing from the site. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Anytime any new products, features, tools, or offerings are added to the site, they are also expressly subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We may make changes to these Terms & Conditions as we see fit, and it is up to you to check back periodically to see any changes that we may have made. Your subsequent use of the website following any updates or changes implies acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

 

SECTION 1 - ONLINE STORE TERMS
When you agree to these Terms of Service, you are verifying that you are at least the age of majority in your state or province of residence or any location you may be visiting and you are giving us permission to allow any of your minor dependents to use this site.

You may not use our products or packaging for any illegal or unauthorized purpose. You also cannot violate any laws in your jurisdiction (including but not limited to copyright laws). You are also prohibited from transmitting any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your rights to use this site.

 

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse use of this site to anyone at any time.
You agree that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The Sections in our Terms & Conditions are to be used for convenience only.

 

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are doing our best to inform visitors to this site about their skin, skincare, and DeepWell. If any information on this site is not accurate or current, we are not responsible for the lack of timeliness or inaccuracy. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. If you rely on information on this site in your decision-making, you are accepting responsibility for those decisions, and we are not to be held responsible or liable for them.

We may change content on this site at any time, and we reserve the right to do so, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
From time to time, we may make certain products or services available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy. Because of the nature of our “natural” ingredient products, the appearance of that product may change from time to time as our ingredients change, and we make no guarantees that the product as it appears on our website will look identical to the product you may purchase. Natural browning, etc., is common with natural products and is to be expected.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may at any time choose to limit or cancel quantities purchased by any person, household, or account. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made but are not obligated to do so or to provide the reason for the cancellation. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details regarding returns, please see the Returns section of this website.

 

SECTION 7 - YOUR REGISTRATION OBLIGATIONS
We may ask you to provide information about yourself (e.g., name and email address) through a registration process or other in order to access and use certain features of the Service. If you choose to provide this information or register with us for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.

 

SECTION 8 - MEMBER ACCOUNT, PASSWORD, AND SECURITY
You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for ALL activities that occur under your password or account. You agree to (a) immediately notify DeepWell of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. DeepWell will not be liable for any loss or damage arising from your failure to comply with this paragraph.

 

SECTION 9 - FEES AND PAYMENT TERMS
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) to Shopify, our third-party payment provider, in order to purchase products and to use certain services. Your credit card provider agreement governs your use of the designated credit card, and the terms and conditions on the website of the payment provider govern your use of its website, and you must refer to their respective agreement or terms and conditions, and not DeepWell Terms & Conditions, to determine your rights and liabilities. By providing Shopify with your credit card number and associated payment information, you agree that DeepWell is authorized to immediately invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify DeepWell of any change in your billing address or to the credit card used for payment hereunder. We reserve the right at any time to change our prices and billing methods, either immediately upon posting on our website or by e-mail delivery to you.

 

SECTION 10 - DISCOUNTS AND PROMO CODES
We may from time to time and in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your account or other features or benefits, subject to any additional terms that we establish on a per promotional code basis—termed “Promo Codes.” Only Promo Codes sent to you by us through official DeepWell communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.

 

SECTION 11 - SHIPPING
DeepWell may offer various forms of available shipping methods and will use reasonable efforts to meet any shipment schedules set forth on our website. Shipment data on our website is forecasted data, provided to DeepWell by the various shipping companies, and DeepWell does not guarantee the accuracy of those forecasts or estimates and is not liable for deliveries that may take less time or more time than estimated. Unless otherwise agreed to by DeepWell, all items will be shipped by DeepWell, or a designated representative, in the company's standard packaging using a delivery service specified by DeepWell or selected by you in the checkout process.

 

SECTION 12 - OPTIONAL TOOLS
We may provide you with access to third-party tools beyond our control. We may have no access to those tools, their accuracy, or anything related to those tools.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

 

SECTION 13 - THIRD-PARTY LINKS
Certain content, products, and Services available via our Service may include materials from third parties, and links on this site may direct you to third-party websites that are not affiliated with us. We do not monitor the content of the websites, and we are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

SECTION 14 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or you voluntarily send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

SECTION 15 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.

 

SECTION 16 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We are not responsible for these errors and cannot be held responsible for anything that arises as a result of these errors. Further, we reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We are not obligated to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 17 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall DeepWell, its founders, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors, or any individual or company that works on behalf of DeepWell be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless DeepWell and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

 

SECTION 20 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 21 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for any and all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly, we may deny you access to our Services (or any part thereof).

 

SECTION 22 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 23 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.

 

SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this section of our website. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@deepwellskin.com.

Our contact information is posted below:

DeepWell
info@deepwellskincare.com
5775 Wayzata Blvd., Suite 700
St Louis Park, MN 55416