Effective as of April
29, 2015
AGREEMENT BETWEEN USER AND PERSONALCAREWORKS AND/OR ITS AFFILIATES
Welcome to PersonalCareWorks.com.
PersonalCareWorks.com (the "Site") is comprised of various web pages.
The Site features are offered to you subject to the following conditions. Your
use of the Site constitutes your agreement without modification to the terms,
conditions, and notices contained herein (the "Terms"). Please read
these terms carefully.
PERSONALCAREWORKS.COM
IS AN E-COMMERCE SITE
PERSONALCAREWORKS
provides this e-commerce site to sell personal care and household care products
to small business owners.
RETURN POLICY
Please report all losses or claims within 30 days
of the shipping date. Any lost shipment will either be reshipped or refunded as
requested by the customer after an investigation and claim process. Normally,
claims and investigations are resolved within 10 business days.
Please report all losses or claims within the 30
day window. Any claim submitted after this time will be considered
invalid.
Returns
are only accepted if the product has a clear defect or workmanship issue, or if
the wrong product was received. Returns are only valid 30 days from the ship
date. If the case is opened and returned for a reason other than damage: a
re-stock and replenishment fee of up to 50% may apply for the broken case; a
higher charge will apply for cases missing one or more items; any cases missing
more than one piece will not be allowed to be returned or accepted for credit
as the item cannot be resold as a complete case. Shipping will not be refunded
unless the item has a clear defect or you received the wrong item. The
item must also be returned in the exact way it was shipped, all product LOT
numbers and expiration dates must match what was sent.
SHIPPING OPTIONS
Domestic
orders are shipped using the most economical method from two locations in the
U.S. (Cerritos, California & Olive Branch, Mississippi)
PRIVACY
Please review our
Privacy Policy, which also governs your visit to PersonalCareWorks.com, to
understand our practices.
ELECTRONIC
COMMUNICATIONS
Visiting the Site or
sending emails to PERSONALCAREWORKS.com constitutes electronic communications.
You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to
you electronically, via email and on the Site, satisfy any legal requirement
that such communications be in writing.
YOUR ACCOUNT
If you use this site,
you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password.
You may not assign or otherwise transfer your account to any other person or
entity. You acknowledge that PERSONALCAREWORKS.COM is not responsible for third
party access to your account that results from theft or misappropriation of
your account. PERSONALCAREWORKS.COM and its associates reserve the right to
refuse or cancel service, terminate accounts, or remove or edit content in our
sole discretion.
If you are under 18,
you may use the Site only with permission of a parent or guardian.
LINKS TO THIRD PARTY
SITES/THIRD PARTY SERVICES
The Site may contain
links to other websites ("Linked Sites"). The Linked Sites are not
under the control of PERSONALCAREWORKS.COM and PERSONALCAREWORKS.COM is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked
Site. PERSONALCAREWORKS.COM is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by PERSONALCAREWORKS.COM
of the site or any association with its operators.
Certain services made
available via the Site are delivered by third party sites and organizations. By
using any product, service or functionality originating from the Site domain,
you hereby acknowledge and consent that PERSONALCAREWORKS.COM may share such
information and data with any third party with whom PERSONALCAREWORKS.COM has a
contractual relationship to provide the requested product, service or
functionality on behalf of the Site users and customers.
NO UNLAWFUL OR
PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a
non-exclusive, non-transferable, revocable license to access and use the Site
strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to PERSONALCAREWORKS.COM that you will not use the Site
for any purpose that is unlawful or prohibited by these Terms. You may not use
the Site in any manner which could damage, disable, overburden, or impair the
Site or interfere with any other party's use and enjoyment of the Site. You may
not obtain or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the Site.
All content included
as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of PERSONALCAREWORKS.COM
or its suppliers and protected by copyright and other laws that protect
intellectual property and proprietary rights. You agree to observe and abide by
all copyright and other proprietary notices, legends or other restrictions
contained in any such content and will not make any changes thereto.
You will not modify,
publish, transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in whole or
in part, found on the Site. PERSONALCAREWORKS.COM content is not for resale.
Your use of the Site does not entitle you to make any unauthorized use of any
protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use
protected content solely for your personal use, and will make no other use of
the content without the express written permission of PERSONALCAREWORKS.COM and
the copyright owner. You agree that you do not acquire any ownership rights in
any protected content. We do not grant you any licenses, express or implied, to
the intellectual property of PERSONALCAREWORKS.COM or our licensors except as
expressly authorized by these Terms.
USE OF COMMUNICATION
SERVICES
The Site may contain
bulletin board services, chat areas, news groups, forums, communities, personal
web pages, calendars, and/or other message or communication facilities designed
to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service.
By way of example, and
not as a limitation, you agree that when using a Communication Service, you
will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others; publish, post,
upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information;
upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents; upload files that
contain viruses, corrupted files, or any other similar software or programs
that may damage the operation of another's computer; advertise or offer to sell
or buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages; conduct or forward
surveys, contests, pyramid schemes or chain letters; download any file posted
by another user of a Communication Service that you know, or reasonably should
know, cannot be legally distributed in such manner; falsify or delete any
author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained in a
file that is uploaded, restrict or inhibit any other user from using and
enjoying the Communication Services; violate any code of conduct or other
guidelines which may be applicable for any particular Communication Service;
harvest or otherwise collect information about others, including e-mail
addresses, without their consent; violate any applicable laws or regulations.
PERSONALCAREWORKS.COM
has no obligation to monitor the Communication Services. However, PERSONALCAREWORKS.COM
reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. PERSONALCAREWORKS.COM reserves the
right to terminate your access to any or all of the Communication Services at
any time without notice for any reason whatsoever.
PERSONALCAREWORKS.COM
reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole
or in part, in PERSONALCAREWORKS.COM 's sole discretion.
Always use caution
when giving out any personally identifying information about yourself or your
children in any Communication Service. PERSONALCAREWORKS.COM does not control
or endorse the content, messages or information found in any Communication
Service and, therefore, PERSONALCAREWORKS.COM specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are
not authorized PERSONALCAREWORKS.COM spokespersons, and their views do not
necessarily reflect those of PERSONALCAREWORKS.COM.
Materials uploaded to
a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such
limitations if you upload the materials.
MATERIALS PROVIDED TO
THE SITE OR POSTED ON ANY PERSONALCAREWORKS.COM
WEB PAGE
PERSONALCAREWORKS.COM
does not claim ownership of the materials you provide to the Site (including
feedback and suggestions) or post, upload, input or submit to any PERSONALCAREWORKS.COM
Site or our associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your
Submission you are granting PERSONALCAREWORKS.COM, our affiliated companies and
necessary sub-licensees permission to use your Submission in connection with
the operation of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will
be paid with respect to the use of your Submission, as provided herein. PERSONALCAREWORKS.COM
is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in PERSONALCAREWORKS.COM 's sole discretion.
By posting, uploading,
inputting, providing or submitting your Submission you warrant and represent
that you own or otherwise control all of the rights to your Submission as
described in this section including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the Submissions.
THIRD PARTY ACCOUNTS
You will be able to
connect your PERSONALCAREWORKS.COM account to third party accounts. By
connecting your PERSONALCAREWORKS.COM account to your third party account, you
acknowledge and agree that you are consenting to the continuous release of
information about you to others (in accordance with your privacy settings on
those third party sites). If you do not want information about you to be shared
in this manner, do not use this feature.
INTERNATIONAL USERS
The Service is
controlled, operated and administered by PERSONALCAREWORKS.COM from our offices
within the USA. If you access the Service from a location outside the USA, you
are responsible for compliance with all local laws. You agree that you will not
use the PERSONALCAREWORKS.COM Content accessed through the Site in any country
or in any manner prohibited by any applicable laws, restrictions or
regulations.
INDEMNIFICATION
You agree to
indemnify, defend and hold harmless PERSONALCAREWORKS.COM, its officers,
directors, employees, agents and third parties, for any losses, costs,
liabilities and expenses (including reasonable attorneys' fees) relating to or
arising out of your use of or inability to use the Site or services, any user
postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable
laws, rules or regulations. PERSONALCAREWORKS.COM reserves the right, at its
own cost, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will fully cooperate with
PERSONALCAREWORKS.COM in asserting any available defenses.
LIABILITY DISCLAIMER
THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. PERSONALCAREWORKS.COM AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PERSONALCAREWORKS.COM
AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PERSONALCAREWORKS
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERSONALCAREWORKS AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY
TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF PERSONALCAREWORKS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TERMINATION/ACCESS
RESTRICTION
PERSONALCAREWORKS.COM
reserves the right, in its sole discretion, to terminate your access to the
Site and the related services or any portion thereof at any time, without
notice. To the maximum extent permitted by law, this agreement is governed by
the laws of the State of California and you hereby consent to the exclusive
jurisdiction and venue of courts in California in all disputes arising out of
or relating to the use of the Site. Use of the Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms,
including, without limitation, this section.
You agree that no
joint venture, partnership, employment, or agency relationship exists between
you and PERSONALCAREWORKS.COM as a result of this agreement or use of the Site.
PERSONALCAREWORKS.COM 's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in
derogation of PERSONALCAREWORKS's right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the Site or
information provided to or gathered by PERSONALCAREWORKS with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise
specified herein, this agreement constitutes the entire agreement between the
user and PERSONALCAREWORKS.COM with respect to the Site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and PERSONALCAREWORKS.COM with respect to the
Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon
or relating to this agreement to the same extent an d subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be written in English.
CHANGES TO TERMS
PERSONALCAREWORKS.COM
reserves the right, in its sole discretion, to change the Terms under which the
Site is offered. The most current version of the Terms will supersede all
previous versions. PERSONALCAREWORKS.COM encourages you to periodically review
the Terms to stay informed of our updates.