Last Updated: August 11, 2021
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY ACCESSING OUR WEBSITE OR PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM OUR WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT PLACE AN ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH WALLOWA VALLEY CLEANING PRODUCTS, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES (INCLUDING MAKING A PURCAHSE) BY APPLICABLE LAW.
PLEASE READ CAREFULLY
These Terms of Service (“Terms”) forms a legal agreement between you and Wallowa Valley Cleaning Products, LLC (“WVCP,” “we,” “us,” or “our”) that governs your use of our website (https://wallowavalleycleaningproducts.com/) and other WVCP services (collectively, the “Site”), including your purchase and use of products made available through the Site. By accessing the Site on any computer, mobile phone, tablet, console or other device, you signify that you have read, understand and agree to be bound by these Terms, whether or not you are a registered customer. We have the right to change the Terms at any time. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes. If you do not agree to these Terms, please do not use the Site or make a purchase of our products.
All content and intellectual property included on the Site, such as text, graphics, designs, logos, artwork, catalogs, icons, presentations, videos, data, instructions, photos, and software (the “Content”), is the property of WCP or its licensors. The Content are protected by copyright, trademark and other intellectual property laws.
Wallowa Valley Cleaning Products and other trademarks, service marks and logos that we use, are trademarks of Wallowa Valley Cleaning Products, LLC. Third-party trademarks that appear on the Site are the property of their respective owners. Your use of any of the trademarks displayed on this Site without express written permission from WVCP or the third-party owners is strictly prohibited.
Provided you comply with these Terms, you may access the Site and use the Content for non-commercial purposes or to place an order for products from the Site. Downloading, printing, copying, distributing or otherwise using Content for commercial purposes, including commercial publication, sale or personal gain, is expressly prohibited.
You agree to use the Site in a manner consistent with all laws and regulations and in accordance with these Terms. Except as expressly and unambiguously permitted in these Terms or other written consent from WVCP, you may not, and you may not facilitate or permit anyone else to, directly or indirectly:
CONTENT SUBMITTED TO US
Your feedback on our products and Site is appreciated. With respect to any content you submit or make available to WVCP or on the Site (including through social media channels), such as your biography, comments, endorsements, testimonials, pictures, videos and other content, you grant to WVCP a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense such content, in whole or in part, in any media, now or hereafter known or developed for all purposes, without any additional consideration due to you. You acknowledge and represent that such content is not confidential or proprietary. By posting or distributing such content, you understand that it may be freely copied and distributed by others without your permission.
If you submit or post any creative suggestions, proposals, comments or ideas about our products and services, you agree that we are not required to respond to any such submissions and that any such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you whatsoever.
By submitting content to WVCP or on the Site, you represent and warrant that the content you post and your activities on the Site do not and will not violate these Terms or the rights of any third party, including infringing or misappropriating any third-party intellectual property and publicity rights, 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 Site or any related website. You are solely responsible for the content you submit and your activity on the Site.
USER CONTENT IS NOT PRESCREENED
COPYRIGHT INFRINGEMENT NOTICE PROCEDURE
WVCP respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Site in a way that constitutes copyright infringement, then please contact us at email@example.com and provide the following information:
Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
TRADEMARK INFRINGEMENT NOTICE PROCEDURE
If you would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country), please contact us at firstname.lastname@example.org and provide the following information:
LINKS TO OUR WEBSITE
You may link to our homepage, provided you do so in a way that is fair, clearly identifies WVCP, and does not damage our reputation or take advantage of it. However, you may not suggest any form of association, approval or endorsement on our part without our express written consent.
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. 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.
While we try to ensure product information on our Site reflects the most recent, accurate, and reliable information, some of the information featured on the Site may contain incomplete data, typographical errors, or inaccuracies. Any errors are unintentional, and we apologize if incorrect information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a WVCP item is listed at an incorrect price due to photographical error, typographical error, or error in pricing information we have the right to refuse or cancel any orders placed for product listed at the incorrect price. We have the right to refuse or cancel any such orders even where the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.
SAFEGUARD YOUR USERNAME AND PASSWORD
You are responsible for any actions that take place while using your WVCP account. Keep your username and password secure and do not allow anyone else to use them to access the Site. We are not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge.
REPRESENTATIONS AND WARRANTIES.
You represent and warrant that: (i) you are 18 years of age or older or the legal age to agree these Terms; (ii) you have provided accurate and current information about yourself in all forms used in conjunction with the Site; (iii) you are eligible to use the Site and have the right and power to enter into these Terms; (iv) you and will comply with all federal, state and local laws, including without limitation applicable tax laws; (v) you will not use the Site, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Site; and (vi) you and your use of the Site will be in compliance with these Terms.
GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE SITE AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT RELATED TO OR ARISING OUT OF THE SITE, ANY CONTENT ON THE SITE, OR ANY PRODUCTS PURCHASED OR MADE AVAILABLE ON THE SITE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. WVCP DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WVCAP ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD-PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE.
LIMITATION OF LIABILITY AND DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WVCP, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DAMAGE TO REAL PROPERTY OR PERSON AS A RESULT OF USING OUR PRODUCTS, DAMAGES FOR LOSS OF DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (i) THE USE OR THE INABILITY TO USE THE SITE OR ANY ERRORS, OMISSIONS OR INACCURACIES IN ANY CONTENT IN THE SITE; (ii) THE SITE OR THE CONDUCT OF OTHER SITE USERS OR THIRD PARTIES; (iii) THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT OR PERSONAL INFORMATION; (iv) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (vi) ANY OTHER MATTER RELATING TO THE SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless WVCP, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your user content, any use of the Site’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Site or product purchased.
By using the Site, you agree to receive certain electronic communications from us, whether through the Site or by email. You may unsubscribe from communications at any time by clicking the appropriate link in the communication. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails and other communications between you and WVCP may be recorded.
THIRD PARTY sites
The Site may contain links to websites, applications or other products or services operated by other companies and offers provided by third parties (“Third Party Sites”). We do not endorse, monitor or have any control over these Third-Party Sites, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Third-Party Sites, and you access such Third-Party Sites at your own risk. We expressly disclaim any liability for these Third-Party Sites.
DISPUTE RESOLUTION AND BINDING ARBITRATION
YOU AND WVCP ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution and Binding Arbitration” Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WVCP WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER WVCP CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
We reserve the right in our sole discretion to (i) terminate your account, (ii) delete any of your content, (iii) restrict your use of all or any part of the Site, and (iv) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from accessing or posting content to the Site by using any technology available, such as blacklisting certain IP addresses or device numbers.
Should you have any questions or concerns about these Terms or any of our policies, please email us at email@example.com.