Terms & Conditions
Upon Client’s placement of an order for GOODS from the COMPANY and in consideration of same, the CLIENT agrees to abide by the following CONTRACT without limitation or qualification. Should the CLIENT have questions about any provisions of this Service Contract (the “CONTRACT”), they should email them to info@streak-less.com PRIOR to placing their order.
The COMPANY reserves the right to change, modify, or alter the CONTRACT at any time for any reason and without notice prior to CLIENT’s placement of an order for GOODS. Said changes, modifications, or alterations are effective immediately, and shall be published on the COMPANY’s website and govern any orders for GOODS placed after said publication. CLIENT’s order for GOODS placed after any modifications or amendments to this CONTRACT shall constitute CLIENT’s agreement to and acceptance of said modifications or amendments.
1. DEFINITIONS. A. COMPANY means Streak-less Products LLC, its affiliates, and any officer, director, employee, member, manager, agent, subcontractor, successor, or assign thereof or its affiliates. B. GOODS means the retail products available on this web site. These include, but are not limited to: Streak-less cloths, Streak-less mops and any other consumer merchandise sold on this website. C. CLIENT means any person or entity which purchases GOODS from the COMPANY.
2. SHOPPING CART REVIEW & PAYMENT FOR GOODS. CLIENT shall review the shopping cart contents and materials contained therein, to ensure that it represents their desired order, and at the stated price for GOODS, prior to placing and paying for their order. CLIENT’s payment for these goods is due in full the time the CLIENT places their order
3. INTELLECTUAL PROPERTY. Unless otherwise designated, the Company’s website and marketing materials generally, as well as its images, illustrations, graphic materials, written materials, and images are the COMPANY’s intellectual property and are protected by copyright. Any other marks, names, graphics or logos appearing on the COMPANY’s website or marketing materials are the protected intellectual property of the owners of those marks, names, and logos. Any violation of these intellectual property rights including, without limitation, unauthorized replication, reproduction, or distribution of said material, is strictly prohibited.
4. DISCLAIMER AND LIMITATION OF LIABILITY. CLIENT UNDERSTANDS THAT CLIENT’S USE OF THE GOODS IS AT THEIR SOLE RISK. THE GOODS ARE PROVIDED ON AN “AS IS” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT THOSE NOTED ON THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY CLAIM, DEMAND, OBLIGATION, LIABILITY, INDEBTEDNESS, LIEN, AGREEMENT, COVENANT, BREACH OF CONTRACT, BREACH OF DUTY OR RELATIONSHIP, BREACH OF STATUTE OR STATUTORY LIABILITY, ACT, OMISSION, MALFEASANCE, CAUSE OR CAUSES OF ACTION, DEBT, EXPENSE, SUM OF MONEY, ACCOUNT, COMPENSATION, CONTRACT, CONTROVERSY, PROMISE, JUDGMENT, DAMAGE, COST, LOSS, ATTORNEYS’ FEE, OR CLAIM FOR SANCTIONS, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER ARISING DIRECTLY OR INDIRECTLY FROM OR IN ANY WAY RELATING TO THE GOODS FURNISHED. COMPANY may, but is under no obligation to, elect to refund a CLIENT’s payment for GOODS. In the event that COMPANY determines in COMPANY’s sole discretion, that material defects or order fulfillment errors warrants such an exchange or refund the returns will be process consistent with our Returns Policy. Notwithstanding the foregoing, Company’s liability to CLIENT, if any, shall be expressly limited to the total of the invoice for GOODS Purchased by the CLIENT on the disputed transaction. Company shall not be liable for any other damages to CLIENT, including, without limitation, consequential, incidental, or indirect, including, without limitation, any claim for damages related to lost revenues or profits, or damage to GOODS, regardless of the type of claim, unless said damage is caused by the intentional and willful misconduct of the COMPANY. These limitations of liability shall survive failure of an exclusive remedy. The provisions of this section shall survive any sale completed with CLIENT and any change or elimination of this CONTRACT.
5. WAIVER. Any failure by the COMPANY to act with respect to a breach of this Contract shall not be deemed a waiver of the COMPANY right to act with respect to different or similar breaches by the same Client or any other CLIENT.
6. COMPANY’S RIGHT TO DECLINE. The COMPANY has the right to decline any submitted order for GOODS at its sole discretion. The Company shall not be liable in any manner for declining to provide GOODS to a CLIENT.
7. PRIVACY POLICY. Please see our Privacy Policy.
8. BINDING EFFECT. The terms of this CONTRACT are contractual and not a mere recital. The CLIENT agrees that this CONTRACT shall be binding upon them and their respective personal representatives or successors; that unless amended in writing and signed by the COMPANY, this CONTRACT contains the final agreement between the COMPANY and the CLIENT, and that they shall not be bound by any terms, conditions, oral statements, warranties, or representations not herein contained. The Client further states that this Contract has been carefully reviewed and that the contents and terms expressed herein are fully understood.
9. GOVERNING LAW. The terms of this CONTRACT shall be construed and enforce in accordance with the laws of the Commonwealth of Pennsylvania without regard to any choice of law provisions and any litigation in connection with the interpretation or enforcement of the terms of this Contract shall be maintained in a courts of competent jurisdiction in the County of Luzerne, Pennsylvania.
10. WAIVER OF RIGHT TO TRIAL BY JURY. Company and Client hereby waive their right to a trial by jury in any action, proceeding, or counterclaim brought by either party against the other arising out of this Contract and/or the relationship of the parties.
11. GENDER AND NUMBER. Masculine, feminine, or neuter pronouns shall be substituted for one another, and the plural shall be substituted for the singular, and vice versa, in any place or places herein in which the context may so require.
12. ASSIGNMENT. This Contract may not be assigned by the Client without the prior written authorization of the Company.
13. COMPANY LEGAL ACTION. In the event that the COMPANY must employ legal counsel or bring an action at law or proceeding against the CLIENT to enforce any of the terms, covenants, obligations, or conditions of this Contract or any amount due to Company in connection with GOODS provided herein, the Company shall be entitled to recover all costs associated with such enforcement or collection, including reasonable attorneys’ fees.
14. SEVER-ABILITY. In the event that one or more of the provisions of this CONTRACT shall for any reason be held to be illegal or unenforceable, this CONTRACT shall be revised only to the extent necessary to make such provision(s) legal and enforceable.
18. HEADINGS. Any headings and titles used in this Agreement are for convenience only and have no legal effect.