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TERMS AND CONDITIONS - Kareco.com

KareCo International, Inc.

IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS WEB SITE. ACCESSING THIS WEBSITE BY HYPER-LINKING OR BY DIRECT NAVIGATION, INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEB SITE.

1. APPLICATION OF TERMS AND CONDITIONS
These Terms and Conditions apply to the KareCo Web site located at www.kareco.com, (the \\\"Site\\\"). The Site is the property of KareCo International, Inc. (\\\"KareCo\\\") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

KareCo reserves the right, to change, modify, add or remove portions of the Terms and Conditions, at any time. It will remain your responsibility to check these Terms and Conditions periodically for any changes. Your use of the Site following the posting of any changes will signify that you accept and agree to all of the changes. As long as you comply with these Terms and Conditions, KareCo grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

2. OWNERSHIP AND COPYRIGHT
You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on this web site (collectively the \\\"Content\\\") including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company or its licensors, as the case may be.

Except as expressly provided in these Terms and Conditions, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including \\\"mirroring\\\") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without KareCo\\\'s express prior written consent.

You may use information on KareCo products (such as brochures and similar materials) purposely made available by KareCo for downloading from the Site, provided that you use such information only for your informational use only and do not copy, distribute or post such information on any computer publicly accessible via the internet, and make no modifications to any information.

3. PERMITTED USE:
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any equipment related to or connected to the Site or to any KareCo server, or to any of the services offered on or through the Site, by any illegitimate means.

You agree that You will not distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network; or create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, sell, export, adapt, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third-party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person\\\'s use of the Site.

KareCo may make changes to any products offered on the Site, or to the applicable prices for any such products, at any time, without notice. The materials on the Site with respect to products may be out of date, and KareCo makes no commitment to update the materials on the Site with respect to such products.

4. INTERNET POLICY
The sale of KareCo® products online, other than through the Official KareCo Web site (www.kareco.com), is strictly prohibited. If you purchase KareCo® products over the Internet from an unauthorized source you may receive counterfeit or diverted product that may not meet KareCo\\\'s standards for quality control.

5. ACCOUNTS, USERNAMES PASSWORDS AND SECURITY
Certain features or services offered on the Site may require you to establish an account (including creating a username and password, submitting an e-mail address, as well as pertinent billing and shipping addresses). You are entirely responsible for maintaining the confidentiality of your account information, including your username and password, and for all activity that occurs within your account. You agree to notify KareCo immediately of any unauthorized use of your account or username/password, or any other violation of security. However, you may be held liable for losses incurred by KareCo or any other user of or visitor to the Site due to someone else using your KareCo ID, password or account.

You may not use anyone else\\\'s username, password or account at any time without the express permission and consent of the holder of that KareCo username, password or account. KareCo cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

6. LICENSE TO USE YOUR INFORMATION
With the exception of personal information, You hereby grant to the Company the unlimited, royalty-free, transferable license to run, display, copy, reproduce, publish, market, adapt, translate, transmit, modify, make available to any person or otherwise use, any information or other content You provide on or through this web site or which is sent to the Company by e-mail or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. The Company shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by the Company in writing or required by law. You represent and warrant that you have the right to grant the license set out above.

7. LINKS TO THIRD-PARTY WEB SITES
This Site may contain links to other independent third-party Web sites (\\\"External Sites\\\"). These External Sites are provided solely as a convenience to our visitors. Such External Sites are not under KareCo\\\'s control, and KareCo is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these External Sites.

8. LIMITATIONS ON LIABILITY AND DISCLAIMERS
ALTHOUGH THIS WEB SITE USES ENCRYPTION SECURITY, THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEB SITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS WEB SITE AND THE CONTENT IS AT YOUR OWN RISK AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEB SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR
OTHER USE OF YOUR PERSONAL INFORMATION.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEB SITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS WEB SITE OR MADE AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED \\\"AS IS\\\" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

9. INDEMNITY
You agree to indemnify and hold KareCo, its officers, directors, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys\\\' fees), made against KareCo by any third party due to or arising out of or in connection with your use of the Site.

10. PURCHASING TERMS AND CONDITIONS
KareCo may make changes to any products offered on the Site, or to the applicable prices for any such products, at any time, without notice. The materials on the Site with respect to products may be out of date, and KareCo makes no commitment to update the materials on the Site with respect to such products.

These terms and conditions of sale constitute a binding contract between Customer and KareCo. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on KareCo\\\'s Website (the \\\"Site\\\"). These terms and conditions of sale are subject to change without prior notice.

These terms and conditions of sale constitute the entire agreement between Customer and KareCo relating to the terms and conditions of sale of products and on the Site. Customer consents to receiving electronic records directly related to a sales order, which may be provided via a Web browser or e-mail application connected to the Internet;

KareCo will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

10.1 Return Policy
Please contact KareCo\\\'s Customer Department at customerservice@kareco.com or (800) 882-4889, 8:30am-4:30pm PST M-F to obtain a Return Merchandise Authorization Number (RMA#) before shipping product back to KareCo. This will expedite and help ensure the proper action or credit/exchange upon processing.

In order to expedite a return, please have the following information on hand when requesting an RMA#: invoice number, reason for return, action to take (replacement/exchange/return/credit) and whether the product has been used or is manufacturer sealed.

Please return all products 100% complete including all original boxes with the UPC code and packing materials. RMA approval is contingent upon, among other things, the products being 100% complete.

Customer is responsible for shipping charges to KareCo\\\'s warehouse for all products being shipped for return, exchange or replacement. Products exchanged or replaced will be shipped by KareCo to Customer, at KareCo\\\'s expense; using the same shipping method as was used originally by KareCo for initial shipment of product/merchandise.

Customer is responsible for all risk of loss and damage to products being shipped for return, exchange or replacement. Customer may opt to insure return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS, Federal Express or Airborne Express. This is for your protection as well as to ensure quick action on your return.

Contact KareCo Customer Service for return address information at customerservice@kareco.com or (800) 882-4889.

Don\\\'t forget to clearly mark any and all packages with the RMA# issued by the KareCo representative. Replacements/exchanges/returns/credits will not be accepted or processed without a valid RMA#.

RMA#\\\'s will only be issued within Sixty (60) days of purchase.

10.2 Damaged Products
If Customer receives damaged products; please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify KareCo immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify KareCo Customer Relations at customerservice@kareco.com or (800) 882-4889, of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is necessary for KareCo to file a damage claim.

11. INTERPRETATION
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. All references to money amounts in this Agreement, unless otherwise specified, are in US Dollars.

12. ENTIRE AGREEMENT
These terms and conditions and any and all legal notices on this web site constitute the entire agreement between You and the Company with respect to the use of this web site and the Content. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

13. GOVERNING LAW
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN MONTEREY COUNTY, CALIFORNIA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN MONTEREY COUNTY, CALIFORNIA AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.

14. COPYRIGHT NOTICE
Copyright © 2004, KareCo International, Inc.
9201 Gazette Avenue, Chatsworth, CA 91311
All Rights Reserved