Last Updated: March 7, 2016
Welcome to Strawbrry (hereinafter referred to as the “Website” or “Service”). strawbrry.com is a website where we sell women’s personal care products. This Website is not directed to persons under eighteen (18) years of age. This Website is owned by Strawbrry. These Terms and Conditions of Service (hereinafter referred to as the “Terms”) apply to all of the products, services, and websites owned by Strawbrry.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE CAREFULLY.
1. Acceptance of Terms
These Terms set forth a legally binding agreement for your use of the Website. Your use of the Website signifies that you have read, understand, and agree to be bound by these Terms, whether you are a “Visitor” (which means that you are an unregistered user browsing the Website) or you are a “Member” or "Registered User" (which means that you have a registered user account with one or more of Strawbrry’s products or services).
Strawbrry reserves the right, at its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website, or by sending you notice through the Service or via the email address you provided during registration. Strawbrry may also impose limitations on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of any changes to these Terms constitutes your acceptance of those changes.
If you do not agree to these Terms, you should not use STRAWBRRY.COM and, if applicable, you should arrange to cancel your registered user account, and clear your browser cache.
2. General Registration Requirements
If you wish to become a Member, you must read these Terms and indicate your acceptance during the registration process. In consideration of your use of Strawbrry, whether that means our website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States or any other applicable jurisdiction. Furthermore, you agree to that you will: a) Provide true, accurate, current and complete information about yourself as requested during the registration process (the “Registration Data”); and b) Maintain and promptly update your Registration Data to ensure that it remains true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, then Strawbrry reserves the right to suspend or terminate your account and refuse any and all current and future use of the Website (or any portion thereof) at any time. Membership is void where prohibited.
3. Your Use of Our Services
Content is provided to you as is for your information and personal use only. Nothing on the Website or other Services may be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of Strawbrry. Strawbrry reserves all rights not expressly granted in and to the Website and all content contained therein.
By providing information about yourself to Strawbrry, you are representing that you are eighteen (18) years of age or older. If you are younger than eighteen (18) years of age, you are required to have your parent or legal guardian act on your behalf.
5. Member Account, Password and Security
When you register with Strawbrry, you will be required to sign up using a valid email address and password. During the registration process you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account.
You understand that the person to whom the account is registered to is the only person authorized to use our Website or our Service, and you will not share, give, trade or sell your login information to/with any other person or entity. Excessive viewings or logins by any Member may prompt an investigation into your account. If, after reasonable inquiry, your account is determined to be using our Website or Service fraudulently, then your Membership will be immediately canceled.
By becoming a Member, you agree to take all actions possible to protect your username and password from fraudulent use. If you are aware of or suspect any unauthorized use of your password or account or any other breach of security you agree to immediately notify Strawbrry. Failure to maintain the confidentiality of your account information, or to alert Strawbrry of any breach of the security of your account may result in your account being terminated immediately.
Strawbrry is not liable for any loss or damage arising from your failure to comply with these Terms.
6. Intellectual Property Information
For purposes of these Terms, "Content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Website. Content also includes message boards, chat, and other original content.
By accepting these Terms, you acknowledge and agree that all Content presented to you on any of our Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Strawbrry and its affiliates. You are only permitted to use the content as expressly authorized by us, or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Content from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on any of our Services may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither Strawbrry nor its affiliates warrant or represent that your use of Content displayed on, or obtained through, our Services will not infringe the rights of third parties. If you believe that any Content posted on this Website or any of our other Services infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right or any party, please contact us immediately so that we may investigate the matter more fully. The procedures to be followed in the event you believe any content posted on this Website infringes on any intellectual property of any party are detailed in the following section titled, Unauthorized Use of Materials.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Strawbrry or its affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of Strawbrry or its affiliates.
7. Unauthorized Use of Materials (Copyright Complaints)
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must:
Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed);
Identify the material that you claim is infringing the copyrighted work listed in item #1 above;
Provide information reasonably sufficient to permit us to contact you (email address is preferred);
Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred);
Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law";
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
Sign the paper; and
Send the written communication to the following address:
ATTN: COPYRIGHT INFRINGMENT
13337 South Street, Suite 180
Cerritos, CA 90703
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
8. Conduct on Website
Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website. By posting information or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic content, or otherwise violates our Terms;
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "Spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
Impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
10. Disclaimer of Warranties
ALL CONTENT AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
11. Limitation of Liability
IN NO EVENT SHALL STRAWBRRY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULY OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVALIABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHE RLEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT STRAWBRRY SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE ROEGOING RESTS ENTIRELY WITH YOU.
Upon request, you agree to defend, indemnify, and hold us and our affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Website, your violation of these Terms, or your infringement or the infringement or use by anyone using your account, of any intellectual property right or any other right of any person or entity. Furthermore, Strawbrry reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
13. Governing Law and Choice of Forum
This Website (excluding any linked sites) are controlled by us from our offices within the city and county of Los Angeles, state of California. The Website can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of products and Services offered by Strawbrry. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County, California, or the United States District Court for the Central District of California.
14. Binding Arbitration
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Consumer Due Process Protocol. Any arbitration proceeding shall be conducted in Los Angeles County, California, and any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
All notices shall be in writing and shall be made either via email or via conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, if by email, or to 13337 South Street, Suite 180; Cerritos, California 90703 if by conventional mail.
Notices to you may be sent to the email address or addresses supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Website to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
16. Entire Agreement
These Terms constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
17. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, such events are commonly referred to as “Force Majeure” events, and may include but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control whether or not similar to those which are enumerated above.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.