Last updated: March 01, 2023
Please read these terms and conditions carefully before using our website or purchasing products.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Accupro®, 123 Industrial Way, Chicago, IL 60601.
- Country refers to United States.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Goods refer to the items offered for sale on the Service.
- Orders mean a request by You to purchase Goods from Us.
- Promotions refer to contests, sweepstakes or other promotions offered through the Service.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to theaccupro, accessible from https://www.theaccupro.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that:
- You are legally capable of entering into binding contracts.
- Your Order and your use of the Service is in compliance with all applicable laws.
- You acknowledge that the Goods You purchase are for commercial use only and not for household or consumer use.
- You authorize the Company to charge your chosen payment provider for the total amount of your Order, including shipping fees and applicable taxes.
- You confirm that the credit card or other payment information provided is correct and you (or the card/payment account holder if different) authorize us to charge for the Goods.
Your Order constitutes your offer to the Company to purchase the Goods which we may accept or reject at our discretion. Only once your Order has shipped will a contract for sale be made.
Ownership of the Goods passes to you once we have received full payment of the Order. We reserve the right to cancel Orders without liability if payment is declined or fraudulent.
Accuracy of Information
Occasionally there may be information on the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service is inaccurate at any time without prior notice (including after you have submitted your Order).
We undertake no obligation to update, amend or clarify information on the Service including pricing, except as required by law. No specified update or refresh date applied on the Service should be taken to indicate that all information on the Service has been modified or updated.
Promotions
Promotions are subject to terms and conditions provided at time of promotion. We reserve the right to alter, amend or forego promotions without prior notice.
User Accounts
When You create an account with Us, You must provide only accurate and complete information.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password. We encourage You to use “strong” passwords with a combination of upper and lower case letters, numbers and symbols.
You must notify Us immediately if You become aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Content
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content.
- Graphic violence or adult subject matter.
- Content that infringes or violates any copyright, trademark, service mark, trade secret or intellectual property right of another.
- False or misleading content.
- Unsolicited bulk email, “spam” messages, or links to phishing sites.
You may access your content for the sole purpose of editing, styling, or removing said content. You are solely responsible for any content that you post and any liability that may arise from your posts, including any legal, financial or criminal liability.
If you wish to remove or delete your content, you may do so by logging into your account and making changes, or contacting the Company to request deletion or anonymization of certain information. However, the Company cannot always delete records of past interactions and transactions, such as if copies of your data have been legitimately transferred to other parties or archives.
Account Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, , systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: [email protected]
- By visiting this page on our website: https://www.theaccupro.com/terms
- By phone number: (800) 555-1234
- By mail: Accupro® Corporate Office, 123 Industrial Way, Chicago, IL 60601
Summary of Key Terms
- You must be over 18 to use this service.
- Goods sold are for commercial use only, not for household or consumer use.
- We make reasonable efforts to provide accurate product info but cannot guarantee it is error-free. Information may be changed or updated without notice.
- Promotions are subject to specific terms and conditions, may change without notice, and cannot be combined with other offers.
- You are responsible for protecting the security of your account credentials.
- You grant us license to use any content you post through the service. You retain ownership of your content.
- You may not post illegal, offensive or objectionable content. We may remove any content without notice and terminate accounts for conduct violations.
- Our liability is limited to the amount paid through the service in past 12 months or $100 maximum. We make no warranties express or implied about the service.
- These terms are governed by the laws of the United States and the state of Illinois. Users in the EU are also protected by EU consumer laws.
- We may modify these terms by posting updated revisions on the website. Continued use of the service indicates acceptance of revised terms.
Please contact us with any questions about these terms and conditions!