TERMS OF SERVICE
Welcome to Can Be Done! If you have any questions please feel free to reach out to us at [email protected]
- Description and Use of the Site
Through our Site we offer a variety of products and services. We provide Visitors and Members with access to our Site as described in this Agreement. “Visitors,” as the term implies, are people who do not register for membership with Can Be Done, but may visit the Site to view all publicly-accessible Content (as defined below), and to purchase products without registering as Members. “Members” are people who choose to register with Can Be Done in order to view all publicly-accessible Content on the Site, purchase products, and take advantage of other promotions and offerings that we may provide to Members. Members are required to register and with us and create a username and password (“Login Credentials”). We are under no obligation to accept any individual as a Member, and may accept or reject any registration in our sole and complete discretion.
Subject to the terms of this Agreement, we grant Visitors and Members a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
You may use the Site only for your own noncommercial personal use and in compliance with this Agreement. Any other use of the Site requires the prior written consent of Can Be Done.
Can Be Done’s community functions best when Members and Visitors follow a few simple rules. By accessing or using the Site, you hereby agree to comply with these community rules:
You will not use the Site for any unlawful purpose or in violation of this Agreement;
You will not use the Site or any services offered by Can Be Done to engage in any commercial activities, including, without limitation, advertising or promoting a product, service, or company;
You will not upload, post, email, transmit, or otherwise make available any User Content (as defined below) that:
infringes on any intellectual property, publicity or privacy right of another person or entity;
is untrue, inaccurate, deceptive, misleading, or deceitful;
is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information;
You will not access or use the Site to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not use the Site to drop ship merchandise to third parties;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not attempt to interfere in any way with the Site, or Can Be Done’s network security, or attempt to use the Site’s service to gain unauthorized access to any other computer system, data, files, or passwords;
You will not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute Content or data available on the Site, and, further, you will not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures;
You will not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under this Agreement;
You will not frame portions of the Site within another web site;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Site; and
You will not resell use of, or access to, the Site to any third party.
If you find something that violates our community guidelines, please let us know, and we will review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Site or the services offered through the Site, or any portion thereof, without notice, and to remove any User Content that does not adhere to this Agreement.
- Registration and Passwords for Members
- Transactions; Orders and Cancellations; Shipping
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. From time to time, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, product prices, promotions, offers, and availability. Can Be Done reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information on the Site is inaccurate at any time without prior notice, even after you have received an order confirmation or shipping notification. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. Can Be Done reserves the right to revise our product offerings and/or discontinue products at any time without notice to you. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged).
All pricing on the Site is subject to change without notice. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner, and that you are purchasing the products for personal use only and not for resale. Can Be Done reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion in compliance with applicable law; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
You agree that by placing an order on the Site, you are entering into a binding contract with Can Be Done and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions. Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable. Shipping is only available to addresses within the United States.
Once an order is placed on the Site, you may cancel it any time before such order is shipped. Once an order has shipped, it cannot be canceled. All sales are final and may not be returned.
Can Be Done uses reliable third-party carriers such as USPS to deliver our products to you. You are responsible for the cost of all shipping unless Can Be Done agrees otherwise. All posted delivery times are approximations and actual delivery times may vary. Can Be Done shall not be liable for any damages (including, without limitation, any incidental or consequential damages) arising from its failure to deliver or delay in delivering products purchased through the Site. Further, Can Be Done shall not be responsible in the event that purchased products are unable to be delivered to you due to an incorrect shipping address, your failure or refusal to accept delivery, or for any other reason. If shipments are returned to us, we will attempt to contact you to arrange for re-delivery, and we reserve the right to impose additional shipping costs at our sole discretion. Notwithstanding the foregoing, Can Be Done does not guarantee that we will store or reship products to you once they are returned to our warehouse. Title and risk of loss to the products will pass to you upon our delivery of such products to the shipping carrier.
- Fraud Protection
As part of our order processing procedures, we may screen 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 we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact 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.
- Proprietary Rights
You acknowledge and agree that the content (other than User Content), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site (collectively, the “Content”) are the property of Can Be Done or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws both in the United States and in foreign jurisdictions. Unauthorized use of the Content may violate such copyright, trademark and/or other intellectual property laws. You have no rights in or to the Content, other than your own User Content, and you will not use the Content except as permitted under this Agreement. You may not sell, transfer, assign, license, sublicense, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any Content. You may not use the Content in any way for any public or commercial purpose.
The trademarks, service marks, and logos of Can Be Done, including “Can Be Done” and the Can Be Done logo (collectively, the “Can Be Done Trademarks”) are registered and unregistered trademarks or service marks of Can Be Done. Other company, product, and service names located on the Site may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the Can Be Done Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Can Be Done Trademarks inures to the benefit of Can Be Done.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state, federal, and national laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors.
Except as expressly set forth in this Agreement, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under this Agreement are expressly reserved by Can Be Done.
- Communications to Us; User Content
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails you send us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.
As noted above, we may provide users the ability to post and upload content including text, videos, and photos (“User Content”) to the Site. You expressly acknowledge and agree that once you submit User Content, it will be accessible by other Visitors and Members, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available. YOU, AND NOT CAN BE DONE OR CAN BE DONE, ARE ENTIRELY RESPONSIBLE FOR ALL USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SITE.
You retain all copyrights and other intellectual property rights in and to your own User Content. By submitting or posting any such User Content, you hereby grant Can Be Done a perpetual, irrevocable, non-terminable, worldwide, royalty-free, non-exclusive, freely sublicensable (through multiple tiers) license to use, copy, distribute, publicly display, modify, create derivative works, compile, combine with other content, record, transmit, translate, format, and otherwise exploit (including for profit) any and all of your User Content, and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised, without compensation or attribution to you. You hereby represent, warrant and covenant that any User Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Can Be Done the license specified above. You further represent, warrant and covenant that any User Content you provide is your original creation (or that you otherwise have the right to provide the User Content) and that it and its use by Can Be Done and our content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property, privacy, publicity, or moral rights of any person or contain any libelous, defamatory, or otherwise unlawful, abusive or obscene material, or any content that violates our community guidelines set forth above.
We reserve the right to remove, or not to post, your User Content if it violates this Agreement including our community guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Use obscenities, discriminatory language, or other language not suitable for a public forum;
Post advertisements, “spam” content, or references to other products, offers, or websites;
Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
Post unduly critical or spiteful comments of other content posted on the page or its authors;
Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; or
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through User Content. Instead, contact us directly via email at [email protected]
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” 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, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SPECIFICALLY, BUT WITHOUT LIMITATION, CAN BE DONE DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CAN BE DONE DOES NOT REPRESENT OR WARRANT THAT THE INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY PRODUCT MANUFACTURERS OR SUPPLIERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
- External Sites
The Site may contain links to third-party websites. Can Be Done makes no warranties of any kind regarding any such external websites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Can Be Done makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third-party websites. Can Be Done does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site. You should contact the site administrator or webmaster for those third-party websites if you have any concerns regarding such links or any content located on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
- Site Not for Minors
The Site is available to Visitors and Members who are 18 years old and older and who have not been suspended or removed by Can Be Done for any reason. If you are a minor in your jurisdiction, you must obtain the consent of your parent or legal guardian to use the Site and agree to the Agreement.
You agree to indemnify, hold harmless, and defend Can Be Done, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your illegal use of the Site, your violation of this Agreement, defamatory or infringing User Content posted to the Site by you, or your violation of any law or the rights of a third party. We shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
- Limitation of Liability
EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF CAN BE DONE, IN NO EVENT SHALL CAN BE DONE, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, 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, 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, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF CAN BE DONE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF CAN BE DONE, IN NO EVENT SHALL THE TOTAL LIABILITY OF CAN BE DONE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, 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 WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO CAN BE DONE IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.
- International Use
We control and operate the Site from the United States. The materials on the Site are not appropriate for use outside the United States. If you are located outside of the United States, you may not access or use the Site.
- Waiver; Remedies
- Governing Law
The laws of the State of Delaware shall govern this Agreement without regard to conflict of laws provisions.
THE SECTIONS BELOW TITLED “DISPUTES” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Any dispute relating in any way to your visit to, or use of, the Site or the Content, to the products you purchase through the Site, or to your relationship to Can Be Done shall be submitted to confidential arbitration in Delaware; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Delaware (as set forth in Section 18 below). Arbitration under this Agreement will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
- CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND CAN BE DONE AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Can Be Done agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
- Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Delaware for purposes of any such action by us.
- Promotional Terms
Each promotional code is subject to the specific terms and conditions stated on the promotional code offer as well as these general terms and conditions. Each code expires at 11:59pm ET on the date stated in the promotional offer and while supplies last. The offer cannot be combined with any other promotional or offer codes. Discount applies pre-tax and cannot be applied to shipping charges or taxes. The offer is valid for use one time per customer during the term of the promotion. Offer is not valid on items not in stock at time of purchase. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. Must enter code at checkout to receive offer and no adjustments can be made on previous purchases. Offer subject to change.
- Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including membership reward programs (“Additional Terms”), which Additional Terms are incorporated into and made part of this Agreement by reference. If there is a conflict between this Agreement and the Additional Terms, this Agreement shall control.
Thanks for reading. If you have any questions please feel free to reach out to us at [email protected]
EFFECTIVE DATE OF TERMS OF SERVICE:
March 1, 2019