Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Sites and use the Services for your personal and limited commercial use.
While we try to support most browsers, the Sites may require users to keep their browsers and operating systems up-to-date. We are not responsible if the Sites do not work on your browser and/or computer.
You are only eligible to use the Sites if you are of legal age in your country or you have consent from your parent or guardian.
All content, graphics, code and software used on or incorporated into the Sites, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to CBI, and all rights thereto are specifically reserved.
The Sites may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability. We apologize for any inconvenience.
Copyright and Trademarks
"All brand names and trademarks as well as page headers, custom graphics, buttons, images and other content on the Sites, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by CBI. Other trademarks, product names and company names or logos used on the Sites are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Sites is strictly prohibited. You may download, copy or share content, graphics, code and software from this Site for your personal use only. No right, title or interest in any downloaded content, graphics, code or software is transferred to you as a result of any such downloading or copying.
You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the content, graphics, code or software without permission.
Account Registration; Account Use
a. Account Registration. If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. We may remove or reclaim your username if we believe it is appropriate (such as in response to a trademark claim).
b. Security of Your Account. You agree to notify CBI immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge, to the fullest extent permitted by applicable law. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by CBI or a third party due to someone else using your account.
c. No Obligation to Retain a Record of Your Account. CBI has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
Product Information The products displayed on the Sites can be ordered and delivered only within the U.S.. Products displayed on the Sites may be available in select retail stores in the U.S. and certain foreign markets. All prices displayed on the Sites are quoted in U.S. Dollars and are valid and effective only in the U.S.. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. All prices displayed are real-time pricing and are subject to change at our sole discretion. The products available on the Sites and the Services, including any gifts with purchase we may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by us in our sole discretion. Given the popularity of our products, and except where prohibited by law, we may limit the number available for purchase, so that as many clients as possible may enjoy our merchandise.
You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation; (ii) if you use the Site in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
We may, from time to time in our sole discretion, offer certain promotional codes. Promotional codes are non-transferable and are not redeemable for cash. The promotion code must be redeemed at the time of checkout, unless otherwise advertised. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by CBI at any time in its sole discretion. One of the promotional programs we offer customers is a loyalty program (Careismatic Rewards) that provides certain perks, such as rewards and exclusive offers. More details on the program can be found on our rewards page.
Title to and the risk of loss/damage of all products passes from us to you at the time we deliver the products to the common carrier for shipment. By purchasing products on the Sites for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase..
If you're not completely satisfied with your order, you may return it within 30 days of receipt for a full refund of the purchase price. Just visit our online returns page at https://returns.narvar.com/careismaticbrands/returns, print our convenient shipping label, and complete your return. We want you to love your product and we offer free returns on Cherokee, Dickies, Healing Hands, Medelita and Med Couture products; all other products will be charged $8.98 return/ restocking fee.
If you have additional questions, please call us at 1-800-372-2201. In order to qualify for a return:
- · All items must be in their original condition with their original packaging, instruction manuals, warranties, and tags
- Products that were ordered as a set must be returned with all the set components
- We will not accept returns on personalized items
- We will not accept returns on garments or footwear that have been worn, stained, damaged or laundered.
- We will not accept returns on Clearance or Final Sales items
- We will not accept returns on items outside of the 30 day return window
- Original shipping/processing charges are not refundable.
If you are from Canada or another country, other return, refund or shipping terms may apply.
California Residents - Proposition 65 Warning
It is required by the state of California that we inform the public about the possible presence of certain chemicals in our products. While we do not believe that our products contain any of the chemicals covered under Proposition 65, we are nevertheless required to provide the following: WARNING: This product contains a chemical (or chemicals) known to the State of California to cause cancer, birth defects or other reproductive harm.
We have made every effort to display as accurately as possible the colors of our products that appear on the Sites. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Your Postings to the Sites
We may permit you to transmit or post comments, feedback, suggestions, ideas and information or content on the Sites (collectively "Content"). If you transmit or post any Content, on or through the Sites, you guarantee to us that you have legal rights to post the Content and it will not violate any law or the rights of any person.
The following Terms apply to Content:
a. License to CBI. By sharing, submitting or uploading any Content, you grant CBI a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of Content.
b. Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent us from exploiting the rights granted in this Section.
c. Right to Name, Image and Likeness. You also grant us the right to use and display the name, photograph and any other biographical information that you submit with any Content to provide the Services.
d. Your Responsibility for Content. You acknowledge and agree that you are solely responsible for all the Content that you make available through the Sites. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents, and releases necessary to grant CBI the required rights to disseminate any Content and (2) neither your Content nor your posting, uploading, publication, submission or transmittal of this Content or CBI’s use of your uploaded Content (or any portion thereof) on, through or by the means of the Sites, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation. You assume all risks and liability associated with your Content, including any third party or business’ reliance on its quality, accuracy, or reliability.
e. More specifically, and without limitation, you shall not:
i. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
ii. Defame, abuse, harass, stalk, threaten or otherwise violate any legal rights (including the rights of privacy and publicity) of others.
iii. Upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading or deceptive content or message.
iv. Promote or engage in discrimination, bigotry, racism, hated or harassment against any individual or group.
f. No Obligations Regarding Content. We will not have any obligation to hold any Content in confidence or compensate you or anyone else for its use. We have the right to remove or edit any Content for any reason or no reason at all. We do not endorse any Content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein.
Third Party Content and Third Party Sites
We may provide content of third parties ("Third Party Content") or links to Third Party sites as a service to those interested in this information. We do not monitor, approve or have any control over any Third Party Content or the Third Party sites and the inclusion of links to Third Party Content or Third Party sites does not imply any association or relationship between us and such third party. We do not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party site. We are not responsible for updating or reviewing Third-party Content or Third Party sites. You use Third Party Content and Third Party sites at your own risk. Third Party Content, including comments from third party users submitted to us through the Services, do not necessarily reflect our views.
If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us and our affiliates and its affiliates that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon; ·
A description of where the material that you claim is infringing is located on the site; ·
Your address, telephone number, and e-mail address; ·
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; ·
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Send your copyright notices here: Careismatic Brands, Inc. 1119 COLORADO AVE
SANTA MONICA, CA 90401
Attn: Careismatic Copyright Agent Email: email@example.com
Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity..
Modification of Content
You understand that you are personally responsible for your use of the Sites and the Services and you agree to indemnify and hold CBI and its affiliates and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to (i) your use of the Sites or the Services, (ii) your violation of either these Terms or the rights of any third party, (iii) our use of your Content in the context of the Services or (iv) your intentional or negligent acts or omissions.
Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF THE SITES OR THE SERVICES (INCLUDING ANY DOWNLOAD FROM THE SITES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITES OR THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITES AND THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) ACCESSIBLE ON OR THROUGH THE SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHEN AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT CBI MAKES NO REPRESENTATION OR WARRANTY THAT THE SITES OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT CBI DOES NOT REPRESENT OR WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS PARAGRAPH.
TO THE FULLEST EXTENT PERMITTED BY LAW, CBI DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES.
Liability Disclaimer and Limitation
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CBI OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITES OR THE SERVICES, EVEN IF CBI HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICES TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A SERVICE, $99.99. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT COMPANY MAY NOT EXCLUDE UNDER APPLICABLE LAW.
Access Restrictions; Termination
We can terminate your access to the Sites or the Services at any time, without cause and without notice to you. We can also change these Terms at any time, without notice to you, and your continued use of the Services after any change we make will mean that you have agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, YOU ARE NOT AUTHORIZED TO ACCESS THE SITES OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE. Upon any termination of these Terms you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
Governing Law/Dispute Resolution/Arbitration
a. All matters relating to the Sites and Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
b. By using the Sites you agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before a single neutral arbitrator. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures. The parties to arbitration may use legal counsel at their own expense. All costs of arbitration (including arbitrator fees) shall be paid by CBI, except only that if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. Without limiting the generality of the foregoing, in the event that any party seeks injunctive or equitable relief with respect to any actual or threatened breach of these Terms, or with respect to public injunctive relief, such party may seek relief in a court of competent jurisdiction. Notwithstanding anything else in these Terms or the JAMS rules, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action (as defined below) related to a dispute covered by this arbitration provision. Notwithstanding anything else in these Terms or the JAMS rules, it is agreed that the arbitrator is specifically denied the authority to consider or certify any Class Action under these Terms. However, if these Class Action restrictions are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall by exempted from this arbitration provision and brought in court of competent jurisdiction, in connection therewith and each of the parties consent to the sole and exclusive jurisdiction of the state and federal courts of the State of California, County of Los Angeles, Central District. For purposes of these Terms, the term “Class Action” shall mean claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective or private attorney general action. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction.
c. WAIVER. BY AGREEING TO THESE TERMS AND SUBJECT THERETO, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
d. STATUTE OF LIMITATIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
You may direct any questions concerning these Terms to:
Careismatic Brands, Inc.
1119 COLORADO AVE
SANTA MONICA, CA 90401