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John Paul Selects Terms of Use

Welcome to John Paul Selects

The use of this website ("Site") indicates your Unconditional acceptance of these Terms of Use ("Terms"). We reserve the right, in our sole discretion to update or revise these Terms. Your continued use of the Site following the posting of any changes to the Terms constitutes acceptance of those changes.

Use of the Site

You may use the Site only in accordance with and subject to these Terms and the Privacy Policy. Once you complete and submit your registration you have opted-in to receive email communication from us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity of other activity which infringes the rights of John Paul Selects or others. Notwithstanding any other rights or restrictions in these Terms, you may not use this Site to:

  • Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us.
  • Introduce to the Site or any other computer or website viruses, worms, Trojan horses and /or harmful codes.
  • Obtain unauthorized access to any computer system.
  • Impersonate any other person including but not limited to, a registered user of this Site or an employee of John Paul Selects.
  • Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.
  • Misrepresent the identity of a user or use a false e-mail address.
  • Tamper with or obtain access to this Site or any component of this Site.
  • Conduct fraudulent activities.
  • Collect or or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.

Membership Eligibility

The Site is available to members who are 13 years and older, residents of the United States, and who have not been suspended or removed by John Paul Selects for any reason. By becoming a member you represent that you are of legal age and that you reside in the United States. If you do not qualify, you may not use the Site. As a member, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. Members may not have more than one active account.

Additional Terms and Conditions

Additional terms and conditions may apply to specific portions of the Site or your membership which terms are made part of these Terms by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and the terms posted or emailed for, or applicable to, a specific portion of the Site or your membership, the latter terms shall take precedence with respect to your use of that portion of the Site or your membership.

Price of the Products

The Price of the products (excluding any applicable duties or sales tax) will be as stated on the Site at the time you submit your order.

Order Acceptance and Payment

An order for products may be submitted online or by telephone. We will send you an email to confirm that we have received your order. An order placed by you constitutes an offer by you to buy the products. Once we have checked price and availability and confirmed that we are able to deliver to the address stated by you for delivery we will ask you to provide details of the credit or debit card that you will use to pay for the products.

Once your card has been authorized and payment has been received by us we will confirm that your order has been accepted by sending an email confirming this to you at the e-mail address you provide ("Order Confirmation").

We work with outside providers for maintenance of the Site and while we and our partners strive for complete accuracy in description and pricing of the products on the Site due to the nature of the internet occasional glitches or mistakes may cause inaccuracies to appear on the Site. We reserve the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price you may be refunded the overcharge and the item will ship for the correct price. If the displayed price is less than the actual price, we will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.

In the unlikely event that the products are no longer available or we cannot deliver to the stated address we will advise you of this.

You may pay for the products in any currency and using any method from time to time stated on the Site.

In the event that payment for an order is not received or you are not fully and legally entitled to use your nominated credit, debit or charge card or such card has insufficient funds to cover the price of the products then:

(i) John Paul Selects may contact you allowing you to make payment in full within a specified time period by the same or another means; or

(ii) John Paul Selects may at its sole discretion cancel your order in which case John Paul Selects shall return any monies received from you within 30 days of receipt of such monies to your nominated account.

You agree to reimburse to us all costs and charges incurred by us in obtaining payments from you in the event a failed payment occurs.

Our Right to Cancel

You acknowledge and agree that the content materials and other components (including but not limited to logos, graphics, button icons, and page headers) available on the Site are the property of John Paul Selects and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from content or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. John Paul Selects relies upon a network of independent vendors who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to the member. We are not liable for any infringement of copyrights, trademarks, trade dress, or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors.

Delivery

We ship to all 50 United States, PO/FPO/APO addresses and U.S. Territories, including Puerto Rico and Guam. We also ship internationally - for a complete list of the countries that we ship to see the "Select Country" option located in our shopping cart. Please note that orders shipping internationally may be subject to Duties and/or VAT. Be sure to check with your country of residence for the additional fess that may be assessed upon delivery.

For your convenience, we provide you with each item's "anticipated ship date" in the product information page. The actual delivery date is determined based on the service type selected at the time the order is place, as well as the service availability for your specific address location. Purchased items are either shipped directly from our distribution center or shipped directly from a third-party fulfillment center due to the size and weight of the item.

We make every effort to ship all items in one shipping package. If the sizes of certain items are not compatible to fit in one box, then you may receive multiple packages.

Most orders will be shipped via UPS or USPS. Tracking information is available once the item has shipped. You will receive email notification at the time your item ships, include tracking information. Additionally, you may track your package in My Account under the "orders" tab.

Some home and lifestyle products and other large items often take longer to deliver because the size and weight of the item requires it to be shipped via common carrier with a scheduled time for you to accept delivery.

The size and weight of certain large items requires it to be shipped via common carrier at different shipping rates than smaller items. For your convenience, you are presented with the shipping charges at the time you add each item to your shopping cart so you will know the full cost before purchasing.

We have third-party relationships with white-glove and assembly delivery services for certain large items, subject to availability. White-glove service needs to be arranged directly with our Customer Care representative at customercare@johnpaulselects.com.

Proprietary Rights

You acknowledge and agree that the content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of John Paul Selects and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these Terms is prohibited. John Paul Selects relies upon a network of independent vendors who supply some of the goods advertised on the Site and in some cases, drop ship them directly to the member. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors.

Term and Termination

These Terms are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These Terms, or any of them, may be modified or terminated by John Paul Selects without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

User Participation

John Paul Selects does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, John Paul Selects is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, John Paul Selects reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to John Paul Selects at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by John Paul Selects in accordance with John Paul Selects' Privacy Policy.

Links to Third-Party Websites

No Implied Endorsements: This Site may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.

User Blogs. Chat Rooms, Message Boards

John Paul Selects may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. John Paul Selects, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

Submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy any comments, ideas, notes, postings, messages suggestions or other communications or information posted or uploaded on the Site, submitted to John Paul Selects, or otherwise communicated in connection with your use of the Site(collectively ,"Submissions") shall be and remain the exclusive property of John Paul Selects with no further compensation to you. As such we will own exclusively all such rights, titles and interests and shall not be limited in any way in the use, commercial or otherwise, of any Submissions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OR ANY SUBMISSION TO John Paul Selects CREATE ANY OBLIGATION OR LIABILITY ON THE PART OF John Paul Selects. YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT TRADEMARK PRIVACY OR OTHER PERSONAL OR PROPRIETARY RIGHTS. YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE OR CONTAIN LIBELLOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO John Paul Selects THAT John Paul Selects IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY JOHN PAUL SELECTS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. John Paul Selects takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.

Indemnification

By using this Site, you agree to indemnify, hold harmless and defend John Paul Selects, its respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without imitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the Site; (2) your breach of the Terms; or (3) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defence of any claim. John Paul Selects reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

Disclaimer of Warranty

THE SITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION, John Paul Selects DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL John Paul SELECTS OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF John Paul Selects HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF John Paul Selects OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO John Paul Selects IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING , IN NO EVENT SHALL John Paul Selects OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF John Paul Selects.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

We will not be liable for any failure to perform or delay in performing any of our obligations under these Terms as a result of a Majeure Event.

International Use

We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Risk of Loss

The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.

Claims

Each claim or statement about the effectiveness of John Paul Selects products and/or each claim or statement comparing the effectiveness of John Paul Selects products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.

Affiliates

John Paul Selects is not affiliated with websites or third parties that sell or advertise our products without a written agreement with us. John Paul Selects reserves the right to void all service, return, and other policies for orders and John Paul Selects products that were purchased through unauthorized sellers. John Paul Selects is not responsible for any representations by unauthorized sellers.

Unavailability of Site; Termination; Fraud

We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may in our sole discretion, terminate or suspend your use or access to all or part of the Site, or your account or membership for any reason, including without limitation, breach of these Terms. If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms or your membership or account are terminated the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

Misuse, Fraud or Misrepresentation in connection with John Paul Selects Promotions or Invite a Friend program John Paul Selects' referral program is designed to reward existing members ("Sponsors") for referring new members to John Paul Selects awarding credits when the new member makes his or her first purchase above $50. Accordingly, Sponsors are only entitled to receive referral credits upon the initial purchase of John Paul Selects merchandise by a new member introduced for the first time to John Paul Selects by the Sponsor. The receipt by any Sponsor of referral credits by any means other than as a result of the initial purchase of John Paul Selects merchandise by a new member introduced to John Paul Selects by the Sponsor shall be a violation of these Terms, shall be null and void, subject to immediate cancellation, and may subject the member or Sponsor to civil and/or criminal penalties under applicable law.

In addition, from time to time John Paul Selects may run promotions designed to attract new members or increase sales. In connection with these promotions, any person that receives credits, coupons, prizes or other benefits from John Paul Selects by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any credits, coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law.

Copyright Infringement: Notice and Take Down Procedures

If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must : (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Our contact for copyright issues relating to this Site is: Copyright Agent: John Paul Selects - The World's Choice in Sustainability (US), 8439 W. Sunset Blvd. Suite 301 , West Hollywood, California 90069, United States, customercare@johnpaulselects.com.

Choice of Law and Forum

These Terms and any dispute of any sort that might arise between you and John Paul Selects or its parent, subsidiaries or affiliates shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law principles, as applied to agreements entered into and performed therein, and excluding the United Nations Convention on Contracts for the Sale of Goods, as amended from time to time. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the state or federal courts San Luis Obispo, California, provided, however, that notwithstanding anything contained in these Terms to the contrary we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection including without limitation any objection to the laying of venue or based on the grounds of forum non convenience which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

Arbitration

By using this Site, you agree that John Paul Selects, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

Miscellaneous

Unless otherwise specified herein, these Terms, together with the Privacy Policy, constitute the entire agreement between you and John Paul Selects with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and John Paul Selects with respect to the Site. 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. The failure of John Paul Selects to act with respect to a breach by you or others does not waive John Paul Selects' right to act with respect to subsequent or similar breaches. John Paul Selects' failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section headings contained in these Terms are included for convenience only and shall not limit or otherwise affect the provisions of these Terms.

In these Terms "John Paul Selects", "we" "us" or "our" refers to John Paul Selects LLC of 8439 W. Sunset Blvd. Suite 301 , West Hollywood, California 90069, United States.