TERMS AND CONDITIONS
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright (c) 2017-2018 Common Ground Mencare, LLC, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of CG and protected by U.S. and international copyright laws. All software used on the Sites is the property of CG or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with CG, using the Interactive Services or using the Sites as a shopping resource. Any other use of materials on the Sites–including reproduction for purposes other than those permitted above, modification, distribution, republishing, republishing on third party sites, transmission, display or performance–without the prior written permission of CG is strictly prohibited.
Commongroundmencare.com and all page headers, custom graphics and button icons are service marks, trademarks, and trade dress of CG and may not be used in connection with any product or service that is not offered by CG in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CG. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
CG products displayed on the Sites are quoted in U.S. Dollars and are valid and effective only in the
U.S. If any minor uses any goods or product from CG, it should be only after the legal or parental guardian has discussed the product with the minor’s doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CG.
All material and information presented by CG is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the
- Food and Drug Administration and the results reported, if any, may not necessarily occur in all The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. CG does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. CG does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
While CG has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
For your convenience, when you place your first order, we will save your credit, debit card, or PayPal information. You will have the option to use it for all future shipments and charges. We accept the following payment methods at this time: American Express, VISA, MasterCard, and PayPal.
RESPONSIBILITY FOR YOUR CONTENT
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, “Content”). We will not accept Content from you unless you are a registered user of the Sites.
YOUR USE OF CONTENT ON THE SITES AND LIMITATION OF LIABILITY
CG provides the Sites and the Interactive Services and all other applications and services on the Sites as a forum only. CG is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Interactive Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Interactive Services, is not controlled by CG. CG cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive Services, you may be exposed to Content that may be offensive, indecent or objectionable and CG shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will CG be liable in any way for any Content, including, but not limited to, (i) any errors or omissions in any Content, or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Interactive Services.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. CG reserves all rights not expressly granted in and to the Content. When using the Interactive Services, you may not disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
YOUR CONTENT SUBMISSIONS
By submitting Content to CG, you represent and warrant that:
- you understand you are participating in a public forum and that your Content will be available to all other users of the Sites, the Interactive Services and potentially Third Party Sites;
- all “moral rights” that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
- all Content that you post is accurate;
You also represent and warrant that any Content you submit:
- is not false, inaccurate or misleading;
- does not harm minors;
- does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
- does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
- is not submitted for compensation or other consideration from any third party;
- does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
- is not unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and
- does not contain any computer viruses, worms or other potentially damaging computer programs or
CG does not endorse any Content or any opinion, recommendation or advice expressed therein, and CG disclaims all liability with respect to the Content.
If your Content includes ideas, suggestions, documents or proposals to CG through the Interactive Services, (a) such Content is not confidential or proprietary and CG has no obligation of
confidentiality, express or implied, with respect thereto; (b) CG may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from CG under any circumstances unless you are otherwise notified by CG in writing.
GUIDELIENS FOR INTERACTIVE SERVICES
We want to know what you think of the products you’ve tried, bought, know and love and we encourage you to use our Interactive Services. When writing a review CG or posting a comment on one of our social pages, please consider the following guidelines:
- Focus on the product and your individual experience using it;
- Provide details about why you like or dislike a product; and
- All submitted reviews, comments and questions are read by our moderators and are subject to these Terms of
You may not use our Interactive Services to impersonate any person or entity, including, without limitation, any CG official, employee or partner, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Interactive Services to collect or store personal data about other users.
THIRD PARTY CONTENT AND THIRD PARTY SITES
CG may provide content of third parties (“Third Party Content”) or links to Third Party Sites as a service to those interested in this information. CG does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between CG and such third party. CG does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. CG is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to CG through the Interactive Services, do not necessarily reflect the views of CG.
If you access the Sites via your mobile device (through an iPhone application, for example), we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.
MODIFICATION OF CONTENT
RESERVATION OF RIGHTS
COMMON GROUND SUBSCRIPTION PROGRAMS
PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY. By using the CG website (the “Site”),
REGISTRATION AND MEMBERSHIP
As a registered user of CG, you agree to receive emails promoting any special offer(s), including third party offers.
As a member of CG, you agree to receive emails, newsletters and other communications announcing your monthly shipments and promoting any special offer(s), including third party offers.
As a member, we will notify you of your upcoming monthly shipment by email. If you do not respond or change any information in My Account on commongroundmencare.com, we will send you your default order. You may cancel your membership at any time.
BILLING AND PAYMENTS
PAYING BY CREDIT CARD
For your convenience, when you place your first order and become an official member, we will save your credit, debit card, or PayPal information and use it for all future shipments and charges which will automatically be charged to your saved default card unless you notify us. If your payment is unsuccessful upon shipment, we will continue to attempt to process payment for your
monthly box at our discretion. We accept the following payment methods at this time: American Express, VISA, MasterCard, PayPal. For your convenience and continuous membership benefits as a client, if your payment method reaches its expiration date and you do not edit your payment information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to update your payment method information or cancel your account should you wish to discontinue your membership with us.
SHIPPING, RETURNS AND EXCHANGES
Shipping, return and exchange of any merchandise ordered through the Site or in connection with your membership are subject to the CG Shipping, Return and Exchange Policies.
Replacement of products for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation your membership.
RISK OF LOSS
The risk of loss and title for items purchased by you pass to you upon CG’s delivery of the items to the carrier pursuant to the CG Shipping Policy.
Common Ground Mencare has a presence in Texas and Washington; therefore all orders shipped to these states will be charged sales tax.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
We will do everything to make your membership as satisfying as possible. However, you are free to cancel your membership any time.. You must cancel your membership by 11:59pm (Pacific) 3 business days prior to your to avoid being charged on next month’s shipment. We may terminate your membership, without notice, for conduct we believe violates this Agreement or our policies, is harmful to other Members or our business interests, or for an inactive account.
By continuing your membership, you accept and agree to the terms of this Membership Agreement and any changes made by us to it once we notify you of these changes. If you do not wish to be bound by this Agreement, please see above for how to cancel your membership. Your edits or changes to either the online or offline versions of this Agreement or a membership offer will not be effective, regardless of form.
CG IS PROVIDING THE SITES, THEIR CONTENTS AND THE INTERACTIVE SERVICES ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE INTERACTIVE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, CG DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, CG DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT. Price and availability
information is subject to change without notice.
CG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE INTERACTIVE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
CERTAIN STATE LAWS, INCLUDING NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
This provision may be void, unenforceable or inapplicable in certain states, and you may have additional rights under your state law.
The Sites and Interactive Services are created and controlled by CG in the State of Washington,
COMMON GROUND MENCARE 4616 25TH AVE NE #551
SEATTLE, WA 98105
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA)
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide CG’s designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Sites;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your name, address, telephone number and email address (if available); and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
FRAUD PROTECTION PROGRAM
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
The arbitration will be administered by the American Arbitration Association (“AAA”), (or if it fails or declines to serve, another similar service or organization agreed to by CG and you, or appointed by the court if the parties cannot agree), in accordance with its rules of practice and procedure. The arbitrator will be bound to follow applicable federal and state laws and regulations in deciding all issues and in rendering any award. The parties will be entitled to invoke the rules of discovery applicable to Washington state court proceedings. The arbitration proceedings will be conclusive and not appealable, and any party to any award rendered in any arbitration proceeding will be entitled to have judgment entered on that award. Arbitration will take place in Seattle, Washington, and will be held in English. Each of us will pay our own attorneys’ fees and expenses and one-half of the arbitrator’s fees and expenses.
This Mandatory Arbitration section does not apply to disputes about the enforcement or validity of CG’s or your intellectual property rights, or the intellectual property rights of our respective licensors.
You may reject any change we make to this Mandatory Arbitration section by sending us notice within 30 days of the change by U.S. Mail to CG’s address in the Applicable Law section. If you do, the most recent version of this Mandatory Arbitration section before the change you rejected will apply.
CLASS ACTIONS WAIVER
CG AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED INDIVIDUALLY ONLY. Neither of
us will seek to have any dispute heard as a class action, a class-wide arbitration, a private attorney- general action, or any other proceeding in which either of us acts or proposes to act as a representative for others. CG and you also agree that no arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of CG, you, and every other party to that arbitration or proceeding.
TIME LIMIT TO BRING CLAIMS
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND CG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE INTERACTIVE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.