Customer Agreement
THANK YOU FOR REGISTERING WITH US! IT IS IMPORTANT THAT YOU REVIEW THIS AGREEMENT BECAUSE BY SIGNING UP AND UTILIZING THIS WEBSITE YOU ARE AGREEING TO CERTAIN TERMS AND CONDITIONS THAT GOVERN THE USE OF THE SITE AND THE TERMS UPON WHICH WE AGREE TO MAKE DELIVERIES TO YOU:
By signing up you agree to the terms of this Agreement (the "Agreement") which shall cover the terms of our deliveries to you and you use of our website(s) (collectively the ``Site``). This Agreement is an agreement between you and ParadiseO.com (the ``Company`` or ``ParadiseO``) that states the terms and conditions under which you may use the Site and receive delivery from us.This agreement is binding on you whether you purchase from us via the telephone or via one of our websites, including www.ParadiseO.com
We make no warranties with respect to the fitness of a product for a particular purpose, nor will we be held liable for any damages of any kind exceeding the cost of the items purchased. The information provided on this site is for educational purposes only and is not meant to replace the medical advice of trained health professionals. Consultation with your medical physician is recommended. Always consult your physician before you start any diet or fitness programs.
Price and Availability. From time to time products you order may be unavailable due to market conditions beyond our control or to quality that is below our standards. If we are unable to fulfill your entire order we will make every reasonable effort to contact you prior to delivery. Once you complete checkout, your price is guaranteed unless you placed an order for an item where we inadvertently listed the incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products, in which case you will not be charged or pay any restocking fees.
In an effort to meet the delivery time for all of our customers, our delivery personnel cannot wait for an inspection of the items delivered. Also, we limit our delivery area to ensure high quality service to people within our stated delivery area. If you place a delivery for address outside of our delivery are we reserve the right to cancel you order (in which case a restocking fee will apply).If something is missing from your order, please call 888 802 0373 during business hours at which time we will do everything reasonable in our power to ensure your satisfaction.
In the case of bad weather, or unforeseen delivery complications deliveries may become delayed.
Our drivers are allowed to accept tips. Customers are under no obligation to tip drivers but have the option of doing so at their discretion.
Payment. We accept cash and credit/debit cards. When you place an online order we will authorize your card for the total amount of your bill. We will submit the total amount due to our processor, net of any changes, credits, returns and tips on the next business day. In the event your card is declined we reserve the right to collect funds for any uncollected transactions owed us and to charge $5 per order should a payment made via credit card be declined. If you fail to pay any fees or charges when due (which would include if a check is returned or electronic payment is rejected) or if a redelivery fee or restocking fee is imposed, we may charge such amount directly to the credit card identified in your Customer Account Information and we may suspend or terminate your access to our Service. You shall be responsible and liable for any fees, including attorneys` fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you.
From time to time, we may permit you to order and receive products, information, and services from businesses that are not owned or operated by us. In such instances, we act only as the link between you and such businesses. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. We makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that we makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.
License and Proprietary Rights
Copyright and Ownership. All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to,ParadiseO. Consent is granted to view all of such things for the sole purpose of placing an order with us. You are not authorized to save or collect any such information. Any other use of materials on this Site, including modification, distribution, or reproduction is strictly prohibited. You acknowledge that ParadiseO and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material.ParadiseO reserves the right to revoke your use of the Site.
Trademarks. ParadiseO.com, the ParadiseO logo, and related logos, titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of ParadiseO or otherwise proprietary to ParadiseO and may not be used by you for any reason. All other trademarks, service marks, product names, and company names or logos appearing on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or our service.
You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder. You will be responsible for providing proper identification at delivery for tobacco, alcohol and credit card orders.
ID Number and Passwords. Access to our Site is accomplished through the use of a user name and a password that you select upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of our Site with your password. You agree to notify us promptly of any unauthorized use of your password and you will remain liable for any use of the our service until you notify us of the unauthorized use of your password.
Your Account. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the Site. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number and e-mail address. You can update your information in the Your Account area on our Web site or contact Customer Service. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to us, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement. ParadiseO will exercise commercially reasonable efforts to ensure that your credit card information remains confidential, and is available only to personnel who have a need to know such information. When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with encryption software. Our Site encrypts your credit card number prior to transmission over the Internet using secure socket layer (SSL) encryption technology. This technology works best when the Site is viewed using the latest version Microsoft`s Internet Explorer.
Privacy Policy. Acceptable Use Policy.
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the our service, site or systems. Among other things you agree not to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement.
Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE OUR SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. OUR SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN ``AS IS,`` ``AS AVAILABLE`` BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH OUR SERVICE; WE DO NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. WE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER THE COMPANY NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, ``PARADISEO PARTIES``) SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE PARADISEO SERVICE, OR THE INTERNET. PARADISEO`S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF OUR SERVICE AND TO TERMINATE THIS AGREEMENT. WE RESERVE THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The material in the Site is provided for lawful purposes only.
You agree to defend, indemnify, and hold ParadiseO harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney`s fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
Miscellaneous
Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. ParadiseO may suspend or terminate this Agreement or the ParadiseO Service or remove or disable access to any portion of the service at any time for any reason with or without notice to you. You may terminate this Agreement and your service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. ParadiseO reserves the right to collect fees and charges incurred before you cancel your service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Notices. We may give notice to you of a change in this Agreement and any other matter through a general posting on the ParadiseO Site, by electronic mail, or by conventional mail to your address.
Entire Agreement. This Agreement and the Privacy Policy referred to herein represent your entire agreement with ParadiseO regarding the use of the service and the Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you and ParadiseO. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with ParadiseO or relating in any way to your use of the service or the Site resides in the federal and state courts of California and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of California in connection with any such dispute, including any claim involving ParadiseO. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
Amendment. ParadiseO may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective at the time they are initially posted on our Site. By accessing this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.