Terms of Service -POVISON

Welcome to the website of POVISON.com. Your use of this website,POVISON.com (“Site”), is governed by the following Terms (“Terms”), as updated from time to time. The current version of these Terms is indicated above. These Terms constitute a legally binding agreement between you and POVISON. POVISON.com reserves the right to change this site and these terms and conditions at any time.

IMPORTANT INFORMATION FOR US RESIDENTS

Please review the mutual arbitration agreement set forth below carefully, as it will require you to resolve disputes with POVISON.com on an individual basis through final and binding arbitration and waiving your right to a class action. By entering this agreement, you expressly acknowledge that you have read and understand all of the Terms of this mutual arbitration agreement and have taken the time to consider the consequences of this important decision. These Terms also contain releases, limitations on liability, and provisions on indemnity, all of which may limit your legal rights and remedies.

By using this Site, you agree to these Terms. Please read them carefully.

Note that we offer a wide range of products (“Products”) and services (“Services”), and sometimes additional Terms may apply, in which case you will be notified of such additional Terms.

CHANGES

We reserve the right to change or modify these Terms at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by posting a notice on our Site and/or updating the “Last Updated” date above. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended Terms, you must stop using our Site.

Any revised Terms and/or Privacy Policy supersede all previous versions, notices or statements regarding the Site. If we request, you agree to sign a non-electronic version of these Terms.

PRIVACY

Please review our Privacy Policy, which also governs your use of the Site, to understand how we collect, use, disclose, and secure personal information, as well as any rights that you may have.

ELECTRONIC COMMUNICATIONS

When visiting the Site, or when you send us emails, you are communicating with us electronically. By using the Site, you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

ACCESS

POVISON.com does not sell Products for children. Adults can purchase Products through the Site with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. POVISON.com reserves the right to refuse service and/or purchases, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

If you are a parent or guardian that provides consent to your minor's registration with and use of the site, you agree to be bound by these terms in respect of such minor's use of the site.

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to anyone. We also reserve the right to disable any account, user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

GEOGRAPHIC RESTRICTIONS

The owner of the Site is based in U.S. Access to the Site may not be legal by certain persons or in certain countries, and our Products are only available for purchase and delivery in certain countries. When you access the Site, you do so on your own initiative and are responsible for compliance with local laws.

INTELLECTUAL PROPERTY

As further described throughout this Section, POVISON has intellectual property rights protected under worldwide patent, copyright, trademark, trade dress, and other laws, whether under statutory or common law.

POVISON is the sole owner or lawful licensee of all the rights and interests in and to the Site and any content contained therein, including without limitation designs, Product designs, photography, text, typography and software, whether currently registered or not. “povison.com”, “POVISON”, “POVISON.COM” and related icons and logos, as well as Product names, including without limitation certain related descriptions, images, text, and graphics, are registered trademarks or trademarks and/or service marks of POVISON and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks, and any marks that we may register in the future, is strictly prohibited.

You agree not to infringe any or all of the title, ownership and intellectual property rights of POVISON. You hereby agree to indemnify POVISON in the event of any breach of intellectual property rights by or through your use of the Site and any content contained therein (or other material as set forth above). All rights not otherwise claimed under these Terms or by POVISON are hereby reserved.

PROPER USE

You agree to use the Site for your personal use only and shall in no event use any of the information, text, images, graphics, video clips, sound, directories, files, databases, listings etc. obtained on or through the Site for commercial purposes of any sort, nor for copying, reproducing, downloading, compiling whether directly, indirectly. Use of any content on the Site for purposes other than as permitted in these Terms is prohibited.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise.

To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

To impersonate or attempt to impersonate POVISON.com, a POVISON.com employee, another user or any other person or entity, including, without limitation, by using email addresses, telephone numbers, or screen names associated with any of the foregoing, or otherwise submitting false information.

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm POVISON.com or visitors or users of the Site or expose them to liability.

Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.

Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Site.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

Attempt to gain unauthorized access to any personal information that may be contained on the Site, the server on which the Site is stored, or any server, computer, database or information system connected to the Site.

Otherwise attempt to interfere with the proper working of the Site.

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account information and password on the Site. You are also responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

USER-GENERATED CONTENT

Visitors may post reviews, comments, photos, and other content, send e-cards and other communications, and submit suggestions, ideas, comments, questions, or other information (collectively, “User-Generated Content”). You are solely responsible for your own User-Generated Content and the consequences of posting or publishing it to the Site. POVISON.com does not endorse any User-Generated Content or any opinion or recommendation expressed therein.

By submitting User-Generated Content, you represent and warrant to POVISON.com that: (i) your User-Generated Content is accurate, does not violate these Terms and will not cause injury to any person or entity, (ii) your User-Generated Content does not violate, misappropriate or infringe any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (iii) you own or have the legal right to use and authorize POVISON.com to use your User-Generated Content, including the written consent to use the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User-Generated Content (to the extent applicable), and (iv) such User-Generated Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Any User-Generated Content or other material, information or ideas that you submit to or post or publish on the Site is non-confidential. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content.

As between you and POVISON.com, you retain all of your ownership rights in and to your User-Generated Content; provided, however, that you hereby grant to POVISON.com a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, fully sub-licensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User-Generated Content, in whole or in part, including future rights that POVISON.com (including any successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You grant POVISON.com and sublicensees the right to use the name that you submit in connection with such User-Generated Content, if they choose.

POVISON.com has the right, but not the obligation, to monitor and edit or remove any activity or User-Generated Content. POVISON.com takes no responsibility and assumes no liability for any User-Generated Content. By posting User-Generated Content, you agree to indemnify POVISON.com for all losses resulting from any claims related to or arising out of the User-Generated Content that you supply, as further explained under the section below titled “Indemnity”.

You also agree further that POVISON.com is not responsible and shall have no liability to you for any User-Generated Content posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you.

USE OF SOCIAL MEDIA TAGS

When you use social media tags (such as on Instagram or Twitter) that identify or are associated with POVISON.com, including without limitation @Povison, #POVISONmyhome #POVISONhome #POVISON, or any other similar social media tag in any way related to POVISON.com, you agree to provide POVISON.com with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide license to reproduce and use the uploaded content, including image(s), in POVISON.com's (or its sublicensees') marketing materials and through all social media channels.

ORDERS

POVISON.com reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order, and to the extent this includes personal information, it will be processed in accordance with our Privacy Policy. Prices and availability of Products are subject to change without notice. POVISON.com reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission appearing on the Site (including after an order has been submitted). POVISON.com reserves the right, at its sole discretion, to refuse or cancel any order for any reason, or restrict or terminate your account for any reason, in its sole discretion. Products that were purchased pursuant to a quantity discount may be re-priced upon cancellation.

RISK OF LOSS

All items purchased from POVISON.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS, AND TITLE

All returns are subject to our Returns Policy. POVISON.com does not take title to returned items until such time as the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return: in this situation, POVISON.com does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy, which is incorporated herein by reference.

RELIANCE ON INFORMATION POSTED & PRODUCT DESCRIPTIONS

RELIANCE ON INFORMATION POSTED

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users (see User-Generated Content), third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all POVISON and responses to questions and other content, other than the content provided by POVISON.com, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of POVISON.com. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

PRODUCT DESCRIPTIONS

POVISON.com endeavors to be as accurate as possible, however mistakes and omissions do happen. POVISON.com does not warrant that product descriptions or other content on POVISON.com are all accurate, complete, reliable, current, or error-free. If a Product offered by POVISON.com is not as described, your sole remedy is to return the Product in unused condition according to the Returns Policy.

SUPPLIER RESPONSIBILITY

Products available for purchase on the Site are supplied by third-party suppliers (“Suppliers”) to POVISON.com. Suppliers are solely responsible for providing accurate information about the Products that they supply to POVISON.com, including, where applicable and without limitation, consumer warnings and information about materials that may be deemed “hazardous” under California's Prop 65.

PRICING

Unless otherwise expressly stated, the retail price displayed for each Product on the Site represents the full retail price listed for such Product, excluding shipping & delivery costs, applicable taxes and any other applicable fees. If you wish to purchase a Product, you will pay the retail price displayed next to the Product, plus shipping & delivery costs, applicable taxes and any other applicable fees.

Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by POVISON is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We also may offer certain promotions or special pricing that are only available for a limited period of time.

In some cases, we may include an “estimated retail value” for a comparably featured item offered elsewhere, which may or may not represent the prevailing price in every geographic area on any particular day and is merely a comparative price estimate provided for informational purposes only and without binding value. This is only intended to give you a sense of retail prices for similar products on other platforms.

We may also provide an “estimated monthly payment” for each Product. We have partnered with third-party purchase financing provider(s) for eligible customers who wish to finance their Product purchase(s). The estimate is provided for informational purposes only. If you click on the link, you will be redirected to a separate, co-hosted webpage with general estimated monthly payments (depending on several factors). You understand that this co-hosted webpage is also provided for informational purposes only, and that neither POVISON nor our purchase financing provider(s) have any obligation to provide the financing services to you. If you click on certain portions of the co-hosted webpage, you will in turn be redirected to the website of our purchase financing provider(s). You understand and agree that any and all eligibility requirements, payment terms and other terms for a purchase financing are determined and approved by such purchase financing provider(s) (at its sole discretion) and not POVISON. In addition, once you leave the Site, any personal information collected by such a purchase financing provider(s) will no longer be subject to POVISON's Privacy Policy.

DELIVERIES

Delivery timeframes communicated by POVISON.com are estimates and dependent on many factors beyond its control, including but not limited to production delays, shipping delays, government delays and forces of nature. In no event shall POVISON.com be liable for deliveries that are received beyond the estimated delivery date.

INDEMNITY

You agree to indemnify and hold harmless POVISON.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) that may arise from (i) your use of the Site, Products and/or Services (including, but not limited to, the display of your information or User-Generated Content on the Site), (iii) your breach of these Terms or (iii) any violation, misappropriation or infringement by you of the intellectual property rights of a third party. You hereby further agree to indemnify and hold harmless POVISON.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) that may arise, directly or indirectly, as a result of any claims asserted by third party rights claimants or other third parties relating to information about such third parties and/or any of their goods and/ or services. POVISON.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with POVISON.com in asserting any available defenses.

LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that POVISON.com is not responsible for the operation of or content located on or through any such site.

REMEDIES

You agree that POVISON.com's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that POVISON.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that POVISON.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of POVISON.com shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses.

No instance of waiver by POVISON.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

HOW TO CONTACT US

If you have any questions about these Terms, please contact us at:

By mail: 1401 21st ST STE 4423, Sacramento, CA 95811, USA

POVISON USA INC

By email: supportingcenter@povison.com

The English text of these Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.