Everlywell+ Terms and Conditions
Last Updated: December 4, 2023
These Everlywell+ Terms and Conditions (the “Terms”) govern your use of and participation in Everlywell+ described herein. These Terms incorporate by reference Everlywell’s Terms and Conditions and shall be interpreted, to the fullest extent possible, as if such provisions are one and the same instrument; provided, however, in the event of express conflict between these Terms and Everlywell’s Terms and Conditions, the provisions of these Terms shall control. All capitalized terms used but not otherwise defined in these Terms shall have the same meaning set forth in Everlywell’s Terms and Conditions.
If you sign up for Everlywell+, you agree to the terms, conditions and limitations associated with Everlywell+ that are posted on our website or application.
1. Everlywell+ Credits
Everlywell+ is a monthly membership program. Members pay a monthly fee and earn one credit each month (“Credits”). Credits are redeemable for certain eligible products and services via Everlywell.com. Credits may only be redeemed on Everlywell.com, have no cash value, are non-transferrable, and non-refundable. Credits expire 12 months after they are issued, or at the end of the billing period in which you membership is canceled or terminated, whichever happens sooner.
2. Product Availability
We may add or remove products or services (collectively, "Products") from Everlywell+ at any time and make no guarantee as to the availability of specific Products available through Everlywell+ or as to any minimum amount of Products available through Everlywell+. Some of our Products may be offered only in limited states or territories.
3. Eligibility
Individuals who are under the age of 18 are not eligible for Everlywell+, and Everlywell+ is not intended or designed for such individuals. By using Everlywell+, you confirm that you are age 18 or over.
Individuals who reside outside of the United States are not eligible for Everlywell+, and Everlywell+ is intended only for individuals located and residing in the United States. However, all or certain parts of Everlywell+ may not be available in certain U.S. states. Residents of New York are not eligible for Everlywell+.
4. Fees
Fees for Everlywell+ will be stated at the time of your purchase or sign-up, as applicable. The fees for Everlywell+ may change at any time in Everlywell’s sole discretion. Fees may be subject to tax, collected by us or a third party through which you transact, and are non-refundable except in the specific circumstances described in these Terms. See Everlywell’s Terms and Conditions for additional information about recurring fees and subscriptions.
5. Everlywell+ Cancellation by You
You may cancel your Everlywell+ membership by emailing our Customer Care Team at [email protected]. If you cancel your Everlywell+ membership, you will not receive a refund of any fees already paid. Your member benefits terminate when your membership is canceled, and any unused Credits expire at the end of the billing period in which you canceled.
6. Termination by Us
Our business may change over time and we reserve the right to cancel Everlywell+ in whole or in part, and to terminate your membership and use of Everlywell+ at our discretion without notice. If we do so, we will give you a reasonable opportunity to redeem any outstanding Credits, unless we terminate your membership for conduct that we determine, in our discretion, violates the Terms, violates any applicable law, involves fraud or misuse of Everlywell+, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of our rights.
7. Changes
We may, in our discretion, change the Terms and any aspect of Everlywell+, without notice to you. If any change to the Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of the Terms. Your continued use of Everlywell+ after we change the Terms constitutes your acceptance of the changes. If you do not wish to agree to a change, you must not use Everlywell+ and must cancel your membership.
8. Disputes
__Any dispute or claim arising from or relating to these Terms or your use of Everlywell+ is subject to the dispute resolution, governing law, disclaimer of warranties, limitation of liability and all other terms in the Everlywell Terms and Conditions. __