Terms And Conditions
Welcome to www.ADRescueWear.com
The following are the Terms and Conditions of Use (“Terms”) that govern use of the ADRescueWear website (“Site”) and Wrap-E-Soothe Eczema Garments (“Products”).
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF SALE. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT SUBMIT AN ORDER FROM THIS WEBSITE.
These Terms and Conditions of Sale (the “Terms and Conditions of Sale”) apply to your purchase of products and/or services offered on this website (the “Website”) or otherwise by AD RescueWear, LLC (“us,” “we” or “our”, as appropriate). By placing your order, you accept and are bound to these Terms and Conditions of Sale. These Terms and Conditions of Sale shall apply unless you have a separate purchase agreement with us, in which case the separate agreement shall govern.
We have the right to interrupt, restrict or terminate your use of the Website or your Account, without notice to you, if we suspect fraudulent or abusive activity or violations of these Terms. You agree to cooperate with AD RescueWear, LLC in any fraud investigation and to use any fraud prevention measures we prescribe.
To create your account (“account”), you must complete the registration process by providing AD RescueWear, LLC with complete and accurate information as prompted by the registration form, including e-mail address, username and password.
You are responsible for maintaining the confidentiality of any user names or passwords associated with any account you use to access the Site, for monitoring all activity under the account, and you agree to assume full responsibility for all activities that occur under your account (unless such activities result from a security breach for which AD RescueWear, LLC is responsible). You may not disclose or share your user name or password with any third parties or use them for any unauthorized purpose. If you become aware of any unauthorized use of your password or your account, you agree to notify AD RescueWear, LLC immediately at the email address provided at the end of these Terms.
From time to time, AD RescueWear, LLC may find it necessary to access your account. For instance, AD RescueWear, LLC may access your account for support, maintenance or security-related reasons. In such event, AD RescueWear, LLC will, if possible, provide you notice of its intent [to use your username and password] to do so. Regardless of whether such notice is provided, you acknowledge and consent to such access.
2. Payment Terms, Taxes And Pricing
We endeavor to deliver products ordered through our Website as soon as possible after you place your order. However, all shipping and delivery dates are estimates only and we will have no liability to you for delays associated with shipping and delivery. Shipping and handling charges are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility, and in the event of product damage or loss during transit, it is your responsibility to file a claim with the carrier. For carriers selected by us, we will use our discretion in selecting a reputable carrier and appropriate means of shipment, and you must notify us within 48 hours after receipt of your order if you believe any part of your purchase is missing, incorrect or damaged.
As a condition of your use of and access to the Products, you agree to pay all applicable costs as described on the AD RescueWear, LLC website.
Unless otherwise stated, all costs are stated in U.S. Dollars. We reserve the right to deactivate your access to the Products for failure to pay applicable costs as to any Product. If you provide AD RescueWear, LLC with a credit card that expires during the term of purchasing Products, we reserve the right to charge any renewal card issued to you as a replacement.
4. Modification To Prices Or Billing Terms.
We may change the prices for our Product at any time and from time to time effective immediately upon posting on our website, provided that, no price change will be effective as to orders for Products accepted by AD RescueWear, LLC prior to the effective date of such change.
5. Spidering, Monitoring And Interference.
You agree you will: (i) not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Site or the Materials contained herein without the prior express written permission of AD RescueWear LLC; (ii) not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (iii) not take any action that imposes an unreasonable or disproportionately large load on AD RescueWear LLC infrastructure, or (iv) not use the Site or Products for any unlawful or abusive purpose or in any way that interferes with our ability to provide Services to our customers, or damages our property.
You and AD RescueWear, LLC shall each treat as confidential all Confidential Information (as defined below) of the other party, shall not use such Confidential Information, except as expressly permitted under these Terms, and shall not disclose such Confidential Information to any third party without such other party’s prior written consent. Each party shall take reasonable measures to prevent the disclosure and unauthorized use of Confidential Information of the other party.
The term “Confidential Information” shall mean any information disclosed by one party to the other party in connection with these Terms and the use of AD RescueWear, LLC Products that is disclosed in writing or orally and is identified as “Confidential” or which a party should reasonably believe is treated as confidential by such other party, and any other information disclosed by AD RescueWear, LLC that relates to the Products, AD RescueWear, LLC Script] or AD RescueWear, LLC technology (including your password) that is not publicly known. Notwithstanding the foregoing, “Confidential Information” shall not include information that: (i) was developed independently by the receiving party without any use of the Confidential Information of the other party or by employees of the receiving party who have no knowledge of such Confidential Information; (ii) becomes known to the receiving party, without restriction, from a third party without breach of these Terms or any other obligation of confidentiality; (iii) was in the public domain at the time it was disclosed or enters the public domain through no act or omission of the receiving party; (iv) was rightfully known to the receiving party as demonstrated by prior written records at the time of disclosure; or (v) is disclosed by agreement of the parties or pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that the receiving party shall provide prompt notice thereof to the other party and shall use commercially reasonable efforts to obtain a protective order or otherwise prevent public disclosure of such information.
7. Use By Minors.
You represent and warrant that you are at least 18 years of age or the applicable state age of majority and that you possess the legal right and ability to enter into an agreement and be bound by these Terms.
8. Copyrights, Trademarks And Intellectual Property.
All content included on the Site, such as (without limitation) text, graphics, photos, videos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of AD RescueWear, LLC or its content suppliers and is protected by both United States and international copyright laws. The trademarks, service marks and AD RescueWear, LLC trade names used in this site are registered trademarks of AD RescueWear, LLC the compilation of all content on the Site is the exclusive property of AD RescueWear, LLC and is protected by U.S. and international copyright laws. We strictly prohibit the changing or deleting of any proprietary notices from materials downloaded from this Site or to modifying of such materials in any way. You agree not to defame or disparage AD RescueWear, LLC and its trademarks, service marks, and trade names, or any other aspect of the Site or Services.
9. Links To Other Materials.
References on the Site to any name, marks, products or services of third parties, or hypertext links to third-party sites or information are provided solely as a convenience to you and do not in any way constitute AD RescueWear, LLC endorsement, sponsorship or recommendation of the third party, its information, products, or services. AD RescueWear, LLC reserves the right to terminate any link or linking program at any time. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.
Linking to any page of the Site other than to www.ADRescueWear.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with AD RescueWear, LLC. Any web site or other device that links to [insert web address] or any page available therein is prohibited from (i) replicating Materials, (ii) using a browser or border environment around the Materials, (iii) implying in any fashion that AD RescueWear, LLC or any of its affiliates are endorsing it or its products or services, (iv) misrepresenting any state of facts, including its relationship with AD RescueWear, LLC or any of its affiliates, (v) presenting false information about AD RescueWear, LLC products or services, and (vi) using any logo or mark of AD RescueWear, LLC or any of its affiliates without express written permission from AD RescueWear, LLC.
Any links to any portion of the Site shall be the responsibility of the linking party, and AD RescueWear, LLC shall not be responsible for notification of any change in name or location of any information on the Site.
10. Limitation Of Liability.
IN NO EVENT SHALL AD RescueWear, LLC, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF OR RELATING TO (i) YOUR INABILITY TO USE THE PRODUCTS, SITE, OR YOUR ACCOUNT (ii) YOUR MISUSE OF THE PRODUCTS, SITE, OR YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO THE UNLAWFUL USE OF CLIENT DATA ; (iii) NONPERFORMANCE OR A FAILURE OF THE PRODUCTS, SITE, OR YOUR ACCOUNT CAUSED BY ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, (iv) EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION; (v) TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, OR (vi) ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL APPLY EVEN IF AD RescueWear, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AD RescueWear, LLC ALSO MAKES NO GUARNATEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER THAT YOUR ACCESS TO AND USE OF THE SITE OR SERVICES (A) WILL BE UNINTERRUPTED OR ERROR FREE; (B) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (C) IS SECURE; OR (D) WILL MEET YOUR SATISFACTION OR RESULT IN ANY SPECIFIC BENEFIT OR OUTCOME, INCLUDING BUT NOT LIMITED TO INCREASED PROFIT OR EFFICIENCY. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SERVICES, SITE OR YOUR ACCOUNT.
IN NO EVENT SHALL AD RescueWear, LLC, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE PRODUCTS, SITE OR YOUR ACCOUNT, OR ANY EQUIPMENT USED IN CONNECTION WITH THEM.
YOU AND AD RescueWear, LLC AGREE THAT THIS SECTION OF THE AGREEMENT, “LIMITATION OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND AD RescueWear, LLC. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, AD RescueWear, LLC WOULD NOT PROVIDE THE SERVICES, SITE OR YOUR ACCOUNT TO YOU.
11. Disclaimer Of Warranties And Limitation Of Liability
YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE PRODUCTS. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, WE ARE NOT RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE PRODUCTS. THE REMEDIES SET FORTH IN THESE TERMS AND CONDITIONS SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON WARRANTIES SO THESE LIMITATIONS MIGHT NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
12. Force Majeure
While it is our goal is to meet all of our obligations to you, we may be unable or delayed by reason of matters or occurrences beyond our control, such as, but not limited to, acts of God, acts by you, or of civil commotion, delays in transportation, material shortages, strikes or other labor disturbances, fire, flood, accident, riot, war, government intervention, embargoes, or equipment failures. We shall not be liable for any such failure or delay as a result of any such matter or occurrence wholly or partially beyond our control. Quantities are subject to availability. In the event of shortage, we may allocate sales and deliveries in our sole discretion.
Our failure to insist upon strict performance of any provisions hereof shall not be deemed a waiver of our right and remedies. If any provision of these Terms and Conditions of Sale is deemed by a court to be unenforceable, the remainder shall stay in effect.
Each provision of these Terms and Conditions of Sale shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
These Terms and Conditions of Sale may not be altered, supplemented or amended by the use of any other document unless otherwise agreed in writing by both us and you.
Except as otherwise provided in these Terms, notices and other communications under these Terms shall be in writing and shall be delivered, mailed by first-class mail, postage pre-paid or sent by overnight national air courier and addressed, (i) if to you, at the address as kept in our files or at such other address as you shall have furnished to AD RescueWear, LLC in writing, or (ii) if to AD RescueWear, LLC at 3801 S. Grape St., Denver, Co 80237, Beth Scott. Your notice must specify your name and Account. Each such notice, request or other communication shall be effective (i) if given by mail, 72 hours after such communication is deposited in the mail with first class postage prepaid, addressed as aforesaid, or (ii) if given by any other proper means and at the address specified above.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect.
18. Governing Law And Venue.
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, excluding that body of law applicable to conflicts of law. You and AD RescueWear, LLC agree that any suit, action or proceeding arising out of or relating to these Terms shall be instituted only in a Colorado state or federal courts sitting in Denver, Colorado. You and AD RescueWear, LLC each waive any objection you or AD RescueWear, LLC may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.
19. Warning For International Users.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
20. Cooperation With Government Authorities.
If necessary and in accordance with applicable law, AD RescueWear, LLC will cooperate with local, state, federal, international or worldwide government authorities to protect the Site and the Product from unauthorized use.
We may assign all or part of our rights or duties under these Terms in connection with a sale of all or substantially all the assets of AD RescueWear, LLC to a third party without notice to you; provided any such third party shall be obliged to honor the terms of these Terms. You may not assign the agreement evidenced by these Terms without AD RescueWear, LLC prior written consent.
22. Entire Agreement.
These Terms constitute the entire agreement between AD RescueWear, LLC and you with respect to your use of AD RescueWear, LLC Site, Product and your Account, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between AD RescueWear, LLC and you with respect thereto. The failure of AD RescueWear, LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
23. Questions And Comments
We try to provide the best service possible. We invite you to send any questions or comments by contacting Customer Service at: email@example.com
Date of last revision: 10/14/12