Effective on December 19, 2015.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE (COLLECTIVELY THE “SITE”). In order to enjoy all the benefits of the Site, you must register and become a member. You may visit the Site without registering. All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and other applicable law.
You agree that by using this Site and registering for membership, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.
It is your responsibility to review these Terms of Service periodically. We may revise these Terms of Service at any time without notice to you. If you do not agree to these terms and conditions, please do not use this Site.
We grant you a limited license to access and use the Site for your personal use, and to copy, distribute and transmit the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings or descriptions; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or data gathering and extraction tools.
Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of The Chemical Free Me. You may not use any meta tags or any other “hidden text” utilizing The Chemical Free Me’s name or trademarks without the express written consent of The Chemical Free Me. Any unauthorized use terminates the permission or license granted by The Chemical Free Me.
We reserve the right to change any information, features and functions of the Site without prior notice. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Service, our rights or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. The sale or linking of our products on or to any third party e-commerce Site, marketplace or mobile application without our specific written consent is prohibited.
Registration and Membership
To register and become a member of our Site, complete the my account form, use your valid email address and create a password to register your profile. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Service and The Chemical Free Me has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
As a member, you agree to receive emails promoting any special offer(s), including third party offers. We may also send you our monthly newsletter from time to time.
To cancel your membership, please email firstname.lastname@example.org.
Billing and Payments
We accept the following payments: PayPal
You may be charged local tax, if applicable. If your payment method is declined, PayPal will attempt to process your charge until the transaction is approved. If they are unable to complete the transaction, we may contact you directly to update your account information.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.
We will email you if we discover a payment problem when we process your order. If we are not able to reach you within 14 days, we reserve the right to cancel the order. We do not store credit card information so we are not able to add additional items to an existing order.
Customers are also responsible for paying a reship fee if a shipping address is entered incorrectly.
Additional Shipping Charges
You are responsible for any additional fees charged by the shipping carrier for address corrections. These fees are charged when packages are missing suite numbers, addresses contain typos including zip code errors, or contain any other incorrect information that is missing or inaccurately supplied by the customer within the “ship to” area of the order form.
We do not accept returns. All items are final sale, even if unopened.
Damaged Products or Order errors
In the event that your product arrives damaged or if we have made a mistake in the fulfillment of your order, we will gladly replace the damaged products or re-ship you the correct products. Please advise us via email at email@example.com within 3 days. If you are reporting a damaged, leaking, or in any way defective product, kindly include a picture of the damaged product and packaging.
All of our ingredients come from natural sources and are subject to variations in color, texture and aroma. The variances from batch to batch are normal and are not regarded as defects in the product quality.
Sometimes a product is available at the time you place your order, but then becomes out-of-stock by the time your order is received. We will notify you in this rare case.
Finalizing your order
We cannot make any changes to an order once it has been placed. Please check you order carefully before you submit it. Orders cannot be cancelled under any circumstances after they are placed.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE CHEMICAL FREE ME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CHEMICAL FREE ME DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CHEMICAL FREE ME DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
THE CHEMICAL FREE ME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF THE CHEMICAL FREE ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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 received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.
The technology underlying the Site and the entire contents of the Site including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Chemical Free Me and protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to The Chemical Free Me. © 2016. The Chemical Free Me. All rights reserved.
All trademarks, service marks and trade names of The Chemical Free Me on the Site are trademarks or registered trademarks of The Chemical Free Me or their respective owners.
You agree to indemnify, defend and hold harmless The Chemical Free Me, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Third-Party Links and Sites
This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of The Chemical Free Me. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.
We welcome your feedback and comments regarding our products and services. However, we cannot accept or consider creative ideas, suggestions or materials, and we ask that you not submit any creative ideas, suggestions or materials of any kind to us. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by The Chemical Free Me or its affiliates’ professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you not send us any original creative materials of any kind, including show designs, photographs, drawings or original artwork. If you send us creative ideas, suggestions or materials of any kind despite our request not to do so (an “unsolicited submission”), you acknowledge and agree that we may treat the unsolicited submission to be non-confidential and non-proprietary in each instance and in all respects.
From time to time, we may solicit creative ideas, suggestions or materials from users of our Site, our social media pages or blog. If you at any time send, provide us with or post creative ideas, suggestions or any other materials in response to our request (each, a “requested submission” and together with unsolicited submissions, “submissions”), you acknowledge and agree that we may treat the requested submission as non-confidential and non-proprietary in each instance and in all respects.
You agree that we have no obligation of confidence to you with respect to any submission and we shall not be liable to you in any way for any use or disclosure of any submission. We may use any submission without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such submission violates any of your rights including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights or right to credit for the material or ideas.
You hereby irrevocably grant to us the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a submission to us, you represent that such submission is original to you and does not conflict with, violate or infringe upon the rights of any third parties including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All submissions made by you shall be the sole property of The Chemical Free Me and will not be acknowledged or returned. You agree and understand that we are not obligated to use any submission you make and you have no right to compel such use.
You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary or other special relationship, and that your decision to make a submission does not place us in a position that is any different from the position held by members of the general public with regard to your submission. You understand and acknowledge that we have broad access to ideas, products designs and other materials related to our business, and that new ideas, products, designs and other materials are constantly submitted to us or being developed by our own employees. Many submissions that we receive or ideas, products, designs and materials that are independently developed by us may be competitive with, similar or identical to your submission. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical submission or independently developed ideas, products, designs or materials.
You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any submission you make, the damage, if any, caused thereby will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on your submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
Notice Regarding Medical Advice
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CONTACT 911 IMMEDIATELY.
Your use of the Site shall be governed in all respects by the laws of the state of Massachusetts, U.S.A., without regard to choice of law provisions.
The Chemical Free Me is committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any customer concerns through The Chemical Free Me at 1.802.468.PURE. However, if you are dissatisfied with our customer service’s resolution of your matter, these Terms of Service provide that disputes will be resolved in binding arbitration or small claims court. Our arbitration agreement, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible. We will abide by the terms of our current arbitration provision in all instances.
(a) We and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted and include:
Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
Claims that arose before these or any prior versions of our Terms of Service (including, but not limited to, claims relating to advertising);
Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
Claims that may arise after termination of these Terms of Service.
For the purposes of this Arbitration Agreement, references to “The Chemical Free Me”, “we” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of Service or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by accessing and using this Site, you and we are each waiving the right to a trial by jury or to participate in a class action. These Terms of Service evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms of Service.
These Terms of Service are applicable to you upon your accessing this Site. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Arbitration and Miscellaneous, shall survive any termination of these Terms of Service.