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Terms and Conditions |
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American Soap Company, Inc. ("AmSoap")
operates this web site (the "Web Site").
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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL
ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT
THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE. |
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| 1. |
Products, Content and Specifications. All
features, content, specifications, products and prices of products
and services described or depicted on this Web Site are subject to
change at any time without notice. Certain weights, measures and
similar descriptions are approximate and are provided for convenience
purposes only. We make all reasonable efforts to accurately display
the attributes of our products, including the applicable colors;
however, the actual color you see will depend on your computer system
and we cannot guarantee that your computer will accurately display
such colors. The inclusion of any products or services in this Web
Site at a particular time does not imply or warrant that these products
or services will be available at any time.
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| 2. |
Accuracy of Information. AmSoap
attempts to ensure that information on this Web Site is complete,
accurate and current. Despite our efforts, the information on this
Web Site may occasionally be inaccurate, incomplete or out of date.
We make no representation as to the completeness, accuracy or currency
of any information on this Web Site. For example, products included
on the Web Site may be unavailable, may have different attributes
than those listed, or may actually carry a different price than that
stated on the Web Site. In addition, we may make changes in information
about price and availability without notice. While it is our practice
to confirm orders by email, the receipt of an email order confirmation
does not constitute our acceptance of an order or our confirmation
of an offer to sell a product or service. We reserve the right, without
prior notice, to limit the order quantity on any product or service
and/or to refuse service to any customer. We also may require verification
of information prior to the acceptance and/or shipment of any order.
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| 3. |
Use of this Web Site. The
Web Site design and all text, graphics, information, content, and
other material displayed on or that can be downloaded from this Web
Site are either the property of, or used with permission by AmSoap
and are protected by copyright, trademark and other laws and may
not be used except as permitted in these Terms and Conditions or
with the prior written permission of the owner of such material.
You may not modify the information or materials located on this Web
Site in any way or reproduce or publicly display, perform, or distribute
or otherwise use any such materials for any public or commercial
purpose. Any unauthorized use of any such information or materials
may violate copyright laws, trademark laws, laws of privacy and publicity,
and other laws and regulations.
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| 4. |
Trademarks. Certain
trademarks, trade names, service marks and logos used or displayed
on this Web Site are registered and unregistered trademarks, trade
names and service marks of AmSoap and its affiliates. Other trademarks,
trade names and service marks used or displayed on this Web Site
are the registered and unregistered trademarks, trade names and service
marks of their respective owners, including AmSoap and its affiliates.
Nothing contained on this Web Site grants or should be construed
as granting, by implication, estoppels, or otherwise, any license
or right to use any trademarks, trade names, service marks or logos
displayed on this Web Site without the written permission of AmSoap
or such third party owner.
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| 5. |
Linking to this Web Site. Creating
or maintaining any link from another Web site to any page on this
Web Site without AmSoap's prior permission is prohibited. Running
or displaying this Web Site or any material displayed on this Web
Site in frames or through similar means on another Web site without
AmSoap's prior written permission is prohibited. Any permitted links
to this Web Site must comply will all applicable laws, rule and regulations.
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| 6. |
Third Party Links. From
time to time, this Web Site may contain links to Web sites that are
not owned, operated or controlled by AmSoap, or its affiliates. All
such links are provided solely as a convenience to you. If you use
these links, you will leave this Web Site. Neither AmSoap nor any
of its affiliates are responsible for any content, materials or other
information located on or accessible from any other Web site. AmSoap
nor any of its affiliates endorse, guarantee, or make any representations
or warranties regarding any other Web site, or any content, materials
or other information located or accessible from such Web sites, or
the results that you may obtain from using such Web sites. If you
decide to access any other Web site linked to or from this Web Site,
you do so entirely at your own risk.
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| 7. |
Inappropriate Material. You
are prohibited from posting or transmitting any unlawful, threatening,
defamatory, libelous, obscene, pornographic or profane material or
any material that could constitute or encourage conduct that would
be considered a criminal offense or give rise to civil liability,
or otherwise violate any law. In addition to any remedies that AmSoap
may have at law or in equity, if AmSoap reasonably determines that
you have violated or are likely to violate the foregoing prohibitions,
AmSoap may take any action they reasonably deem necessary to cure
or prevent the violation, including without limitation, the immediate
removal from this Web Site of the related materials. AmSoap will
fully cooperate with any law enforcement authorities or court order
or subpoena requesting or directing AmSoap to disclose the identity
of anyone posting such materials.
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| 8. |
User Information. Other
than personally identifiable information, which is subject to this
Web Site's Privacy Policy, any material, information, suggestions,
ideas, concepts, know-how, techniques, questions, comments or other
communication you transmit or post to this Web Site in any manner
("User Communications") is and will be considered non-confidential
and non-proprietary. AmSoap, each of its affiliates and/or their
designees may use any or all User Communications for any purpose
whatsoever, including, without limitation, reproduction, transmission,
disclosure, publication, broadcast, development, manufacturing and/or
marketing in any manner whatsoever for any or all commercial or non-commercial
purposes. AmSoap may, but is not obligated to, monitor or review
any User Communications. AmSoap shall have no obligations to use,
return, review, or respond to any User Communications. AmSoap will
have no liability related to the content of any such User Communications,
whether or not arising under the laws of copyright, libel, privacy,
obscenity, or otherwise. AmSoap retains the right to remove any or
all User Communications that includes any material AmSoap deems inappropriate
or unacceptable.
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| 9. |
DISCLAIMERS. YOUR USE
OF THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED
IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT
ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. NEITHER GSI, PALM NOR ANY OF THEIR AFFILIATES WARRANT THE
ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH
THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB
SITE MAY BE OUT OF DATE, AND NEITHER GSI, PALM NOR ANY OF THEIR AFFILIATES
MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS
OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT
APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL
LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH
THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF
THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AMSOAP HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS
AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, AMSOAP HEREBY EXPRESSLY
DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT
ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION,
IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN
THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS
ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY
TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS
FOR ANY SUCH PROHIBITIONS.
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| 10. |
LIMITATIONS OF LIABILITY. AmSoap
assumes no indirect liability or responsibility, and shall not be
liable for, any damages to, or viruses that may infect, your computer,
telecommunication equipment, or other property caused by or arising
from your access to, use of, or browsing this Web Site or your downloading
of any materials, from this Web Site. IN NO EVENT WILL AMSOAP OR
ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS
NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION
OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS
OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR
THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH
SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR
ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS
WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES
THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT
YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR
SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S
OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT
OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED
ON THIS WEB SITE.
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| 11. |
Revisions to these Terms and Conditions. AmSoap
may revise these Terms and Conditions at any time and from time to
time by updating this posting. You should visit this page from time
to time to review the then current Terms and Conditions because they
are binding on you. Certain provisions of these Terms and Conditions
may be superseded by expressly designated legal notices or terms
located on particular pages at this Web Site.
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| 12. |
Choice of Law; Jurisdiction. These
Terms and Conditions supersede any other agreement between you and
AmSoap to the extent necessary to resolve any inconsistency or ambiguity
between them. This Web Site is administered by AmSoap from its offices
in Colorado. These Terms and Conditions will be governed by and construed
in accordance with the laws of the State of Colorado, without giving
effect to any principles of conflicts of laws. Any action seeking
legal or equitable relief arising out of or relating to this Web
Site shall be brought only in the courts of the State of Colorado.
A printed version of these Terms and Conditions shall be admissible
in judicial and administrative proceedings based upon or relating
to these Terms and Conditions to the same extent and subject to the
same conditions as other business documents and records originally
generated and maintained in printed form.
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| 13. |
Account Termination. You
or we may suspend or terminate your account or your use of this Web
Site at any time, for any reason or for no reason. You are personally
liable for any orders that you place or charges that you incur prior
to termination. We reserve the right to change, suspend, or discontinue
all or any aspect of this Web Site at any time without notice.
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| 14. |
Additional Assistance. If
you do not understand any of the foregoing Term and Conditions or
if you have any questions or comments, we invite you to call our
customer service department at 1-888-909-SOAP
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