ATTENTION
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. ACCESSING THIS SITE INDICATES THAT YOU AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN ("TERMS OF USE"). IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS SITE FOR ANY PURPOSE.
Terms & Conditions
Use of this website assumes that you fully accept and agree to the Terms and Conditions set forth in this document. These Terms & Conditions also state that by signing up, you are certifying you have read, understand and agree to our Terms & Conditions as well as our Privacy Policy. Our Privacy Policy can be accessed and reviewed here. Lemans Enterprises Ltd., Inc ("Lemans Enterprises Ltd.") reserves the right, in its sole discretion, to change its Terms & Conditions at any time, for any reason, without notice.
We also reserve the right, in our sole discretion, to change the methods through which free items are earned. Lemans Enterprises Ltd. are contingent upon the Customer certain number of friends who must each complete a purchase. We reserve the right to change the approval requirements necessary to receive a free item, including but not limited to increasing the number of friends required to get approved. We may also add or remove any product listed as an incentive at any time. If we replace a product, the new product may not be of equal value.
Please check these Terms of Use periodically for changes. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below. If you breach any of these Terms of Use your right to use this Site will terminate automatically.
ADDITIONAL TERMS
I. MEMBERSHIP
1. Accounts.
(a) Users are not allowed to have multiple accounts within a single referral-based site. All multiple accounts found to be fraudulent or which violate these Terms and Conditions will be placed on hold.
(b) Only one account is allowed per shipping address. If there is more than one user at a shipping address, we suggest that they share an account. All accounts which are found to contain shared shipping addresses will be placed on hold.
(c) A single user may not have multiple accounts at more than one shipping address. For example, a user may not have an account at a street address and a P.O. Box.
(d) A user may not use another person's name or information to receive products from this website. For example, one person may not join the site for another person, or complete a purchase for another person's account.
(e) Referral credits cannot be transferred between accounts.
(f) Each user is personally responsible for maintaining the security of his or her account. A user should not share his or her account information and is responsible for keeping his or her password confidential. Lemans Enterprises Ltd. is not liable for any losses incurred through the access of your account by a third party or the disclosure of your password or account.
(g) Any user who has his or her account placed on hold may not create another account on any of the Lemans Enterprises Ltd. websites. All parties residing at the same physical address as a user on hold will be affected by this mandate and thus, may be placed on hold indefinitely.
2. Cancellation of Account.
To deactivate an account, please contact Customer Service directly with this request.
3. Security.
Any unauthorized use or entry ("hacking") into a Lemans Enterprises Ltd. website is illegal and is punishable by law. The slightest violation of any law will provide sufficient impetus for us to prosecute the offender to the fullest extent of the law.
II. REFERRALS
1. Completion of Purchases
(a) Users may only receive credit if a referral completes a purchase on our website.
(b) In order for a user to receive proper credit when referrals complete a purchase, the referrals must prior to the completion of the purchase use the same referral number that has been assigned to the user when he or she registered an account.
(c) Lemans Enterprises Ltd. reserves the right to screen all referrals for signs of fraud. We reserve the right, in our sole discretion, to determine which referrals are fraudulent, and to not disclose the reasoning behind this decision.
(d) If suspicion of fraud is found, the user may have his or her account placed on "hold" and would be unable to use any of his or her credit towards any free product.
2. Failure to be credited for referrals' purchases
(a) All referrals must be individual users holding individual accounts.
(b) The same referral for a user will not earn the user more than one credit.
IV. ORDERS
1. Receipt of Product
(a) After a user completes the steps required to receive the product, Lemans Enterprises Ltd. will take measures to ensure that the user receives orders within a reasonable amount of time.
(b) On occasion, products may be back ordered or discontinued. In cases involving backordered products, products will ship as soon as they are made available. In cases involving discontinued products, we will re-issue you credit so that you can order another product of an equivalent value on our site.
(c) After a user receives a product, if we determine that he or she fraudulently completed the requirements, we have the right to take legal action against the user.
2. Delivery of Product
(a) All orders are mailed to the address provided by the user at the time the user orders the product. It is a user's responsibility to verify that the address provided is correct. Lemans Enterprises Ltd. is not responsible for lost orders stemming from incorrect shipping addresses, theft, or erroneous deliveries. In the event that a situation arises necessitating package forwarding, Lemans Enterprises Ltd. is in no way responsible for ensuring delivery.
(b) If a user does not receive a product, he or she should make sure that they have waited the appropriate time period and confirm that the shipping address given is indeed correct. In the event that an item is lost, Lemans Enterprises Ltd. will make a reasonable effort to track the package and replace it if necessary.
(c) For any product that has confirmed delivery via a tracking number, Lemans Enterprises Ltd. will not resend the order or refund the points back to a user's account. If an item is lost, a user can only receive a replacement product and cannot receive his or her points or credit back for an order. We reserve the right to refuse a replacement order or point or credit refund.
3. Cancellation of Orders
A user may cancel an order while it is being processed by contacting us via the customer service contact form on our site. Once an order has been sent to our vendor for processing, or if has shipped, it cannot be changed or cancelled.
4. Availability of Product
On occasion, products that appear on our websites may be back ordered or discontinued from our supplier or their manufacturer. In cases involving backordered products, products will ship as soon as they are made available. In cases involving discontinued products, we will re-issue you credit so that you can order another product of an equivalent value on our site.
5. Return Policy
(a) In the case of an error or mistake by Lemans Enterprises Ltd. whereby a wrong product was shipped, we will make reasonable efforts to replace the product.
(b) If a product is found to be defective, we will make reasonable efforts to replace the product.
VI. HOLD
1. Common Reasons for Being Placed on Hold
(a) Multiple accounts.
(b) Fraudulent referrals.
(c) More than one account at a user's shipping address.
(d) Posting your referral link in places where it is not welcome, or spamming your referral link online in any capacity is strictly prohibited. If we see or receive complaints about your referral methods that we deem risky, we may place your account or accounts on hold.
(e) Any other reason or a combination of reasons at the sole discretion of Lemans Enterprises Ltd..
2. Additional terms regarding "hold" status
(a) We reserve the right to place a user's account on hold at any time.
(b) We are not responsible for notifying a user about his or her account being placed on hold.
(c) A user who has had his or her account placed on hold may not create another account on any Lemans Enterprises Ltd. website.
(d) A user's account may be placed on hold indefinitely.
(e) A user may not receive any reimbursement for points or referrals accumulated prior to being placed on hold.
(f) If a user feels that he or she has been placed on hold in error (i.e. has not acted against the terms of Lemans Enterprises Ltd.), he or she may contact us via our website.
VII. CUSTOMER SERVICE
1. Contacting Customer Support
(a) Due to the volume of customer service requests, we do not offer telephone support. All questions, comments, and concerns should be sent to us only after reading our entire FAQ/Help page on our website, as many answers to common questions can be found on that page.
(b) Please allow two business days for responses to customer service inquiries.
(c) In order to ensure the preservation of account security and to promote customer service efficiency, users should only email us using the address with which they signed up for this website.
(d) We reserve the right to block any email address.
VIII. OTHER
1. Intellectual Property. The Site, and all information and/or content that can be seen, heard or otherwise experienced on the Site, including without limitation all reports, text, video, graphics, audio, and other materials (collectively, the "Content") are protected by Canada copyright, trademark and other laws, and belong to Lemans Enterprises Ltd..
You may use the Site and the Content solely for your personal or internal use. You may download, print and store portions of the Content that you select for such use. No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. Lemans Enterprises Ltd. reserves complete title and full intellectual property rights in any Content you download from the Site. You may not modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from the Site, except as expressly permitted by these Terms and Conditions. You may not mirror or frame the home page or any other pages of the Site on any other web site or web page and may not connect links, including "deep links" to the Site. You may not use a robot, scraper, or other automated means of accessing the Site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
2. DISCLAIMER OF WARRANTIES.
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT. Lemans Enterprises Ltd. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. Lemans Enterprises Ltd. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICES PROVIDED BY Lemans Enterprises Ltd., AND THE CONTENT.
Lemans Enterprises Ltd. DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. Lemans Enterprises Ltd. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED "WITH ALL FAULTS," ON AN "AS IS" AND "AS AVAILABLE" BASIS.
3. LIMITATION OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, Lemans Enterprises Ltd. WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE OR THE CONTENT. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL Lemans Enterprises Ltd. BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF Lemans Enterprises Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
4. User Conduct. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of Lemans Enterprises Ltd. or any third party.
5. Indemnification. You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Lemans Enterprises Ltd., its affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, indirect, incidental, consequential, and/or exemplary damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms and Conditions.
6. General Provisions.
a. Enforcement/ Choice of Law/ Choice of Forum. Every provision of these Terms and Conditions will be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms and Conditions so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extent so held, be deemed severed from these Terms and Conditions, and all other provisions will remain in full force and effect. Any and all disputes relating to these Terms and Conditions, the Site, your use thereof, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the District of Columbia, without regard to any conflict of laws provisions. Any Dispute will be venued in a state or federal court situated in the District of Columbia, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.
b. Entire Agreement/No Waiver. These Terms and Conditions and the Privacy Policy incorporated herein by reference constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Lemans Enterprises Ltd. of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
c. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be correct or current. Lemans Enterprises Ltd. reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Lemans Enterprises Ltd. does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
7. Questions or Additional Information. If you have any questions regarding these Terms and Conditions or wish to obtain additional information, please send an email to info@thepocketbc.com.
Date of Last Modification
July 17th, 2006 |
