Terms and Conditions
Last updated: April 23rd, 2013
Welcome to ClarkBetty.com. ClarkBetty and/or its affiliates ("ClarkBetty") provide website features to you subject to the following conditions. If you visit or shop at ClarkBetty.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future ClarkBetty service (e.g., Your Profile, Order Status, Gift Certificates etc.) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such services.
Please review our Privacy Notice, which also governs your visit to ClarkBetty.com, to understand our practices.
When you visit ClarkBetty.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, specification sheets and audio and video clips is the property of ClarkBetty or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of ClarkBetty and protected by U.S. and international copyright laws.
ClarkBetty's trademarks may not be used in connection with any product or service that is not ClarkBetty's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ClarkBetty. All other trademarks not owned by ClarkBetty that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ClarkBetty.
LICENSE AND SITE ACCESS
ClarkBetty grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ClarkBetty. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ClarkBetty. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ClarkBetty without express written consent. You may not use any meta tags or any other "hidden text" utilizing ClarkBetty's name or trademarks without the express written consent of ClarkBetty. Any unauthorized use terminates the permission or license granted by ClarkBetty. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to web pages of ClarkBetty.com so long as the link does not portray ClarkBetty, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ClarkBetty logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ClarkBetty may sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use ClarkBetty.com only with involvement of a parent or guardian. ClarkBetty reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments and other content - and submit suggestions, ideas, comments, questions, or other information, so long as the 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." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Gift Certificate or other content. ClarkBetty reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant ClarkBetty a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ClarkBetty and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ClarkBetty for all claims resulting from content you supply. ClarkBetty has the right but not the obligation to monitor and edit or remove any activity or content. ClarkBetty takes no responsibility and assumes no liability for any content posted by you or any third party.
ClarkBetty respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us. RISK OF LOSS All items purchased from ClarkBetty 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
For more information about our returns and refunds procedures, please view our Returns and Refunds page.
ClarkBetty attempts to be as accurate as possible. However, ClarkBetty does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ClarkBetty itself is not as described, your sole remedy is to return it in unused condition. PRICING With respect to items sold by ClarkBetty, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the fulfilment process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price 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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY CLARKBETTY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CLARKBETTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CLARKBETTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLARKBETTY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM CLARKBETTY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CLARKBETTY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS 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.
Any dispute or claim relating in any way to your visit to ClarkBetty.com or to products or services sold or distributed by ClarkBetty or through ClarkBetty.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
By visiting ClarkBetty.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ClarkBetty.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our privacy, shipping, returns and refunds posted on this site. These policies also govern your visit to ClarkBetty.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ClarkBetty LLC, Division of Mehlmen, LLC
6485 Fair Oaks Circle; Fairview, PA 16415