ProCare USA

LEGAL NOTICES

TERMS AND CONDITIONS OF USE

PLEASE READ CAREFULLY

By accessing, browsing and/or using the pages in this Site, you agree to these terms and conditions. If you do not agree, you should not use this Site. If you are currently a party to a formal purchase agreement with ProCare USA or any of its affiliates, the terms of that agreement will supersede any terms of this Site to the extent inconsistent.

RESTRICTIONS ON USE

The materials published in this site, http://www.procarestores.com, and any other World Wide Web site owned, operated, licensed, or controlled by ProCare USA Incorporated ("ProCare USA") or any of its related, affiliated or subsidiary companies (collectively the "Materials") may not be copied or distributed, or republished, uploaded, posted or transmitted in any way, without the prior written consent of ProCare USA or any of its relevant related, affiliated or subsidiary company or companies, as the case may be. Modification or use of the Materials for any other purpose violates ProCare USA 's intellectual property rights. ProCare USA owns or has licensed all Materials contained in this Site and retains all right and title to them. The Materials in this Site are provided for lawful purposes only.

USER IDS AND PASSWORDS

You will be solely responsible for the maintenance and security of your login identifier and password. Your login identifier and password are unique to you, and you agree not to disclose or share your login identifier and password with any third party. ProCare USA reserves the right to deny or revoke access to this Site, or any part thereof, at any time in our sole discretion, with or without cause. Your access to this Site will terminate upon the termination of this Agreement for any reason.

DISCLAIMER

THE MATERIAL IN THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ProCare USA MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. ProCare USA DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ProCare USA DOES NOT WARRANT THE AVAILABILITY OF THE SITE, THAT THE SITE AND YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ProCare USA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE AND/OR THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT ProCare USA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

PRODUCTS AND PRICING

All ProCare USA products sold through this Site are subject to ProCare USA 's standard Terms and Conditions of Product Sale unless otherwise specified. Product prices, configurations, and availability are subject to change at any time by ProCare USA. Including, but not limited to changes to pricing, Products offered and Terms and Conditions of Product Sale. ProCare USA shall have the right to refuse or cancel any order or delivery at any item for any reason including in the event of a pricing error. Currently, the products displayed are available for delivery to addresses within the United States only. If you would like to order products for delivery outside the United States, Beta Utensili for additional information. All prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States.

RESTRICTION OF LIABILITY

ProCare USA WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. ProCare USA WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS IN THIS SITE, EVEN IF THERE IS NEGLIGENCE BY ProCare USA OR BY AN AUTHORIZED ProCare USA REPRESENTATIVE, OR AN AUTHORIZED ProCare USA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. ProCare USA 'S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ProCare USA, IF ANY, TO ACCESS THIS SITE.

TRADEMARK INFORMATION

ProCare USA, BETA, BETA UTENSILI, AREXONS, and AIRTECH are registered trademarks in the United States, and some are registered in other countries. All other, service marks, domain names, logos, and company names referred to on this Site are either trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of ProCare USA or its affiliates. In countries where any of the trademarks, service marks, domain names, logos and company names are not registered, ProCare USA claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on this Site may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, or company name of ProCare USA or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, or company name. You may contact ProCare USA by sending an e-mail to support@procarestores.com, or writing to ProCare USA, 17112 Palmdale Street, Huntington Beach, CA 92647, to request written permission to use Materials on this Site for purposes other than stated in the Terms and Conditions or for all other questions relating to this Site.

TERMINATION

ProCare USA or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all Materials obtained from the Site, and (b) all related documentation and all copies and installations. Upon termination, you must destroy all Materials including, without limitation, permanently deleting all Materials from any computer and/or media and, upon ProCare USA 's request, certify in writing that all Materials have been destroyed.

JURISDICTION; COMPLIANCE WITH LAWS

Except as described otherwise, all Materials on this Site are made available only to provide information about ProCare USA. ProCare USA controls and operates this Site from its headquarters in Englewood, Colorado, United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws including, without limitation, all export laws.

Access to this Site and its terms and conditions are governed by U.S. federal law and/or the laws of the State of Colorado, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction. ANY LEGAL ACTIN OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF COLORADO, U.S.A. AND, IN THE CASE OF ARBITRATION THE ARBITRATION SHALL TAKE PLACE IN DENVER, COLORADO ACCORDING TO THE PROCEDURE SET FORTH BELOW. YOU AND ProCare USA AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

ARBITRATION

Any controversy or dispute between you and ProCare USA concerning this Site or the Materials shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. Exclusively the Federal Arbitration Act shall govern the right and duty of the parties to resolve disputes by arbitration, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Denver, Colorado. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek provisional remedies from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party's right to compel arbitration.

WAIVER

No delay or omission by ProCare USA to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of this agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by ProCare USA of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.

MODIFICATIONS TO TERMS AND CONDITIONS

ProCare USA can revise these Terms and Conditions at any time by modifying or updating this posting. Your use of this Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated.

MISCELLANEOUS

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any information related to your use of this Site for illegal purposes will be provided to law enforcement authorities. These Terms and Conditions and the Privacy Policy constitute the entire agreement between the parties relating to the use of this Site.

EQUAL OPPORTUNITY EMPLOYER

ProCare USA is an equal opportunity employer committed to a diverse workforce. ProCare USA's independent sales representatives and mobile distributors hire their own employees and establish their own terms and conditions of employment, which may differ from those described.

SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated to ProCare USA through this Site (together, the "Submission") will forever be the property of ProCare USA and you waive all of your rights, including but not limited to moral rights, therein if applicable. Except as described in our Privacy Policy, ProCare USA will not be required to treat any Submissions as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future ProCare USA operations. Without limitation, ProCare USA will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in the last paragraph of this section, ProCare USA will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission.

Your Submission, including personally identifiable information, is voluntary and subject to the Privacy Policy. You are responsible for the content of the Submission and agree to defend (at ProCare USA 's option and at your sole expense), indemnify and hold ProCare USA harmless from any damages, losses, costs, or expenses, including attorneys' fees, which ProCare USA may incur as a result of your Submission. If you are viewing this Site on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off this Site and the computer system you are using to prevent unauthorized Submissions or access to your ProCare USA account. ProCare USA retains the right to review, edit, or delete from this Site any Submission, which ProCare USA in its sole discretion considers illegal, offensive, or otherwise inappropriate. You are solely responsible for maintaining and keeping secure your ProCare USA account information.

LINKS

At certain places on this Site, live "links" to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by organizations independent of ProCare USA. ProCare USA does not endorse, approve, certify, maintain, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. ProCare USA provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Neither the inclusion of the link in this Site nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by ProCare USA.

There may be circumstances where access to this Site is provided by a hypertext link located at another site. ProCare USA has no responsibility for the content of such other sites, ProCare USA does not make any representations or give any warranties or conditions with respect to any information contained in or at these other sites and ProCare USA shall not be liable for any damages or injury arising from the content of or access to these other sites. ProCare USA does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this Site. Unless approved in writing in advance by ProCare USA, you agree not to: (a) provide or create a link to this Site; and (b) create any frames at any other sites pertaining to any of the Materials located at this Site. You also agree not to post any materials at this Site without the express written permission of ProCare USA .