“Affiliates” refers to companies and divisions under the ownership of the Company or that own the Company.
“Company” means Cleaner’s Supply, Inc. (also “we” or “us”).
“Content” includes all Text, Graphics, design and Programming used on the Website.
“Graphics” includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.
“Text” includes all text on every page of the Website, whether editorial, navigational, or instructional. The term Text also includes patient and other educational material and information which appears on the Website.
2. Use of the Website & Termination of Access
Use of this Website is a privilege intended solely for individuals over the age of 13. This Website does not target, nor knowingly accept any business from, anyone age 13 or younger. Individuals under the age of 18 may only access the Website under the supervision of a parent or legal guardian who is at least 18 years of age, and who agrees to be bound by, and responsible for, the action taken at the Website.
We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date, and we make no representation as to the completeness, accuracy or currency of any information on the Website.
3. Account Registration
Certain functions of the Website may either now or in the future require registration or providing us with your personal information. These functions may include, but are not limited to, using the “Contact Us” feature or in connection with ordering products or making other inquiries. In such cases, you may only create and use an account for your own personal use. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions. If you delete your account, we may still need to retain certain information you provided to us for record keeping, administrative, legal and technical purposes. By registering for an account, you grant us permission to send emails, surveys, offers, promotions and other marketing material to you via email, including both commercial and transactional/relationship content. You may unsubscribe to such emails at any time.
4. Sweepstakes, Contents and Promotions
5. Restrictions on Use of the Website
- Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, or otherwise unlawful;
- Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
- Email or transmit content that infringes on the intellectual property or the right of any entity or person;
- Violate any applicable local, state, national or international law;
- Email or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; and/or
- Disrupt the normal flow of communications or affect the ability of others to engage in activities via this Website.
6. Product Information, Specifications and Ordering
All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. All prices and denominations are listed, and concomitant transactions are conducted, in Canadian Dollars. Certain weights, measures and similar descriptions may be approximate and are provided for convenience purposes only. Pictures of products on the Website and our catalogues are representative of actual products. However, some merchandise may have slightly different cosmetic appearances. The “List” price featured on the Website or our catalogue is our estimation of a retail price for the product at issue. We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. All trademarks denoted by the ® are registered trademarks and are the sole property of the owners of such trademarks, many of whom are other than Cleaner’s Supply, Inc.
We make every reasonable effort to ensure the accuracy of all information included on this Website and in our catalogs and any other marketing or promotional solicitations. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product 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 whether or not 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 immediately issue a credit to your credit card account in the amount of the charge.
LISTINGS; ORDER ACCEPTANCE POLICY
Listings on the Website are not an offer to sell goods or services; rather, they are advertisements to receive offers. All orders are subject to review and acceptance by us. As all prices are subject to change, your order may not be accepted or we may have to communicate price changes or availability issues to you after you place your order.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
PRODUCT ORDERS; QUANTITY LIMITS AND DEALER LIMITS
We reserve the right, at our sole discretion, to limit the number of items purchased per person, per household, or per order. These restrictions also may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address, or are placed by dealers. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will continue to be available.
CREDIT CARD/DEBIT CARD AUTHORIZATIONS
An authorization on a credit or debit card is a hold against your bank’s credit card spending limit. When the goods are shipped, a charge for the total amount of the order shipped will be sent to your credit card bank. Your bank should release the authorization when the charge is received. A charge is the only time a transfer of funds is completed; an authorization is not a transfer of funds.
Your order is reviewed by our Credit Department to ensure that the order is accurate, the payment method is valid, and you are authorized to use this payment method. Once your order has passed the rigorous review by our Credit Department, and has otherwise been accepted, it is sent to our warehouse for shipping.
If the item(s) on your order are in-stock, we will ship them as soon as possible from our warehouse or from one of our distribution warehouses. If one or more items on your order are out of stock, they will not be shipped until we have received and processed the backordered inventory in our warehouse. It is our policy that orders are billed complete the day the first item is shipped.
OUR SATISFACTION GUARANTEE AND RETURN POLICY
Your satisfaction is our goal. Every product we sell is backed by our 365-day Satisfaction Guarantee.
If a product you purchase fails to meet your needs, simply contact us for a return label and return form. Returns received within 60 days from the date of order are eligible for replacement, exchange or refund. Returns received after 60 days (and within the 365-day Satisfaction Guarantee period) may be returned for a store credit towards future purchases. CLICK HERE for detailed return instructions.
This is a summary only; you should review our complete Return Policy and Procedure in our FAQs or CLICK HERE.
7. Information You Provide to Us via this Website
8. Limitations on Information Submitted
We do not seek to receive any confidential or proprietary information or trade secrets of third-parties through the Website, and we seek only the minimum necessary information to conduct our research. Accordingly, please do not send to us any personally identifiable information unless specifically and explicitly requested.
9. Ownership of Submissions
10. Compliance with Law
11. Intellectual Property Rights
12. Procedure for Making and Responding To Claims of Copyright Infringement
We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to our designated agent noted below (the "Designated Agent"). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent.
In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Website; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Designated Agent for notice of claims of copyright infringement can be reached at:
Cleaner’s Supply, Inc. / Wawak
1059 Powers Road
Conklin, NY 13748
Attention: Designated Copyright Agent
With a copy to:
422 Morris Avenue
Summit, New Jersey 07901
Attention: Michael J. Feldman, Esq.
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that under the DMCA, an alleged infringer has the right to submit a counter-notice to have the allegedly-infringing material re-published on the Website. Should that occur you will receive notification from us.
Additionally, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
13. Disclaimer of Warranties & Limitations of Liability
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. Your use of the Website, and the obligations and liabilities of us in respect of your use of the Website, is expressly limited as follows:
DISCLAIMER OF WARRANTIES
THE WEBSITE, AND ALL CONTENT, MATERIALS, INFORMATION AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” BASIS, AND WITHOUT ANY WARRANTY WHATSOEVER. THE COMPANY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THIS WEBSITE AND ITS SERVICES, AND/OR RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. YOU, AND NOT THE COMPANY, ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ITS CONTENT. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS WEBSITE RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THIS WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND WE MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME WITH OR WITHOUT NOTICE.
NEITHER THE COMPANY NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF THE COMPANY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE ONE HUNDRED U.S. DOLLARS.
RELEASE AND INDEMNIFICATION
You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release the Company, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with your use of this Website.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.
14. General Information
WAIVER AND SEVERABILITY
CHOICE OF LAW; JURISDICTION; VENUE
Your use of this Website and any dispute arising out of or in connection with this Website shall be governed by the laws of the State of New York without giving effect to any conflict of laws provisions. By accessing this Website, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a state or federal court of competent jurisdiction located within the State of New York, and you agree to submit to the personal and exclusive jurisdiction of the courts located in New York.
You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any court located in the State of New York, and any objection to venue within the State of New York with respect to such proceeding.
You agree that the application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed and shall not be applicable to your use of the Website or any services in connection therewith.
ATTORNEYS’ FEES AND COSTS
VIRUSES AND TRANSMISSION OF SENSITIVE INFORMATION
We cannot and do not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively "viruses"). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. The Company does not assume any responsibility or risk for your use of the Internet, nor do we assume any responsibility for any products or services of, or hyperlinks to, third-parties.
We do not represent that materials on the Website are appropriate or available for use in your location. Persons who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Last Updated: September 12, 2018