Terms and Conditions
Welcome to PlastCare USA!
PlastCare USA is owned and operated by PlastCare USA, Inc.
These are the terms and conditions for:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, CONTENT, PRODUCTS OR SERVICES.
ACCEPTANCE OF TERMS
These terms set forth legally binding terms. By using PlastCare USA, you agree to be bound by these terms. If you do not accept the terms of this agreement, you should leave PlastCare USA website immediately. We may modify these terms from time to time, and such modification shall be effective upon its posting on PlastCare USA. You agree to be bound by any modification to this agreement when you use PlastCare USA after any such modification is posted; it is therefore important that you review these terms regularly.
You represent and warrant that your use of the services does not violate any applicable law or regulation. PlastCare USA may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website and the services is revoked in such jurisdictions.
By providing PlastCare USA with your email address, you consent to our use of such email address to send you notices regarding the service, including those required by law. We may also use your email address to send you other messages, such as changes to service features and special offers. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request via the contact information. Opting out may prevent you from receiving emails about updates, upgrades or offers.
You may use the website and services only if you can form a binding contract with PlastCare USA, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of the services for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our website and content. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.
You represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.
ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this website is at your own risk.
Even though we work very hard to provide you with up-to-date information, we make no representations or warranties of any kind (expressed or implied) about the completeness, accuracy, reliability, suitability or availability of any information, products, services or related images, photographs, graphics contained on PlastCare USA website for any purpose. Our aim to provide you with accurate information at the time of publishing, but some information will understandably be less accurate as time passes. Should you find any inaccurate information, please do not hesitate to contact us, and we can update said info as soon as possible.
By accessing the website and the content available on the website, you accept personal responsibility for the results of using the information available on the content. You agree that PlastCare USA has not guaranteed the results of any actions taken, whether or not advised by this website or the content. PlastCare USA provides resources and content for informational purposes only. However, you acknowledge that your ultimate success or failure will be the result of your own efforts, your particular situation, and a number of other circumstances that are beyond PlastCare USA’s control.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
Unless otherwise stated, as above, all content on PlastCare USA is written by its owner and is exclusive content of its owner. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of PlastCare USA or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of PlastCare USA and protected by international copyright laws. All software used on this site is the property of PlastCare USA or its software suppliers and protected by international copyright laws.
You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site’s content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of this terms and Conditions violates intellectual property rights. By accessing our website, you do not own any rights or titles to our content or other intellectual properties.
PlastCare USA respects the intellectual property of others, and expects users to do the same. PlastCare USA complies with the regulations and laws protecting intellectual property, any use or infringement of our content to the copyrights of third parties, would only be made by mistake. At no time does PlastCare USA intend to take unfair advantage of the copyrights of third parties.
If you believe, in good faith, that any materials provided on or in connection with the PlastCare USA website infringe upon your copyright or other intellectual property right, please send the following information:
i. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
ii. A statement specifically identifying the location of the infringing material, with enough detail that PlastCare USA may find it on PlastCare USA website. Please note: it is not sufficient to merely provide a top-level URL.
iii. Your name, address, telephone number and e-mail address.
iv. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by
v. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
vi. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to PlastCare USA or licensed to the PlastCare USA by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:
i. Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by PlastCare USA;
ii. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
iii. Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services;
iv. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
v. Deep-link to any portion of the services for any purpose without our express written permission;
vi. “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
vii. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by PlastCare USA in connection with the services;
viii. Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content;
ix. Download any Content unless it’s expressly made available for download by PlastCare USA.
DISCLAIMER OF WARRANTIES
PlastCare USA will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.
Because of the nature of the Internet, PlastCare USA provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse PlastCare USA for any loss or damage caused as a result.
PlastCare USA will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, PlastCare USA excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to PlastCare USA and PlastCare USA shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on PlastCare USA.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product or service purchased through the website.
- Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website, or from transmissions via emails or attachments received from PlastCare USA.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
PLASTCARE USA AND THIRD PARTIES
PlastCare USA contains Content of third-party licensors to PlastCare USA, which is protected by copyright, trademark, patent, trade secret and other laws. PlastCare USA owns and retains all rights, title and interest in the Content. PlastCare USA hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Content and any third party Content located on or available through PlastCare USA or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing PlastCare USA and using the Service.
Any dealings with third parties included within or on PlastCare USA involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. PlastCare USA is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on PlastCare USA does not constitute an endorsement or recommendation of such third party or the product or services of such third party by PlastCare USA or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on PlastCare USA is provided to you for informational purposes only. PlastCare USA encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While PlastCare USA works to ensure the information on PlastCare USA is current and accurate.
The services and use of the website may not be used in connection with any commercial purposes, except as specifically approved by PlastCare USA. Unauthorized framing of or linking to any of PlastCare USA content and services is prohibited.
You understand that PlastCare USA and software embodied within PlastCare USA may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by PlastCare USA and/or content providers who provide content to PlastCare USA. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into PlastCare USA.
No responsibility will be accepted by PlastCare USA for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify PlastCare USA from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this Agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of the PlastCare USA website.
CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users and visitors. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PlastCare USA without restriction.
You agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the PlastCare USA website, will be settled by binding arbitration between you and PlastCare USA, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
These terms are governed by the USA law. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this paragraph.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
The English version shall prevail of all legal statements, statutory declarations made by PlastCare USA, including the present Agreement. PlastCare USA does not accept any kind of legal claims, or other complaints for the misunderstandings as a result of any mistranslation.
Any rights not expressly granted herein are reserved.
If you have questions or concerns about these terms, please contact us at:
PlastCare USA, Inc.
7849 Canoga Ave. Canoga Park, CA 91304