User Agreement and Terms of Use for Mr Pams Website

Last updated: February 7, 2024

You will find below the User Agreement and Terms of Use (the “Terms”) for use of our website www.mrpams.com (the “Site”).  In these terms, references to “we”, “us”, or “Mr. Pams” are references to Mr. Pams Cleaning Concept LLC.

Binding Terms. We reserve the right to make changes to this Site, our policies, and these Terms at any time.  All changes are effective upon posting. By accessing, signing in, or creating an account to use the Site, you accept all the provisions of these Terms.  Because these Terms may change from time to time, please check these Terms often. If you are unwilling to be bound by these Terms, you should not access, use, register for, or purchase merchandise from the Site. By using our Site, you affirm that you are at least 18 years old. Your breach or any violation of these Terms may result in termination of your customer account and/or your access to the Site.

Privacy Policy. By using the Site, you consent to our collection and use of Personal Information consistent with these Terms of Use and our Privacy Policy, which can be found here and which is incorporated by reference as if fully set forth in these Terms.

Correspondence and Notices. By providing your email address to us, you agree that we may provide email notifications to you (regarding updates to this website, transaction notifications, security alerts, and marketing messages). If you do not want us to continue providing marketing messages to you, you may request that we remove you from our email list. We reserve the right to continue contacting you in order to complete your requested transactions, to enforce our rights under these Terms, to provide notifications required by applicable law, and as otherwise set forth in our Privacy Policy.

Changes to Terms. You agree and understand that the Site may be modified by us, in our sole discretion, at any time without prior notice. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit quantities of products that we offer. All descriptions of products, and product pricing, are subject to change at any time without notice, at our sole discretion.  We reserve the right to discontinue any product at any time. Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information is inaccurate at any time without prior notice.

Purchases. You will be asked to accept these Terms and create an account before placing an order through the Site. When you create an account, you will be asked to provide contact, shipping, and payment information. It is your responsibility to ensure that all information you provide is correct, current, and complete. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of your transactions or any comments. If you create an account, you will keep confidential your username, password, and other access to this Site, and you agree to notify us immediately of any unauthorized access to or use of your username or password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify us in writing of any unauthorized use of your account, or other account related security breach of which you are aware. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You are responsible for payment of applicable taxes for purchases.

Shipping. Products will be shipped from our warehouse in Michigan to customers in the United States. You have a variety of options for shipment, and you are responsible for payment of shipping cost.  Shipping information and cost may change from time to time, and further information regarding shipping will be displayed in your shopping cart.

Returns.  Damaged products should be reported to us using the contact information below within 7 days from purchase for exchange, refund or credit. If your damaged product return is authorized, we will respond to you with further information regarding how to return the damaged product to us.  All permitted returns must include original packaging and proof of purchase.  All sales are otherwise final, and returns are not permitted.

Customer Referral Program. You have the opportunity (but not the obligation) to participate in our referral and reward program (the “Program”), described in further detail at https://www.misterpams.com/reward-program/. We reserve the right to amend or terminate the Program at any time, for any reason, and we also reserve the right to disqualify users from participation in the Program at any time in our sole discretion, including for noncompliance with the Terms or applicable laws. If you do not agree to the terms of this section, you are not authorized to participate in the Program. You may not participate in the Program where doing so would be prohibited by applicable law or regulations. The Program is not directed to persons under the age of 18. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE, ACCESS, OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.

In order to participate in the Program, you must have a valid customer account with us. You may then visit https://www.misterpams.com/reward-program/ and follow the directions to place and order and receive an Invite Link that you may share with legal residents of the United States of America who are at least 18 years old. We will determine in our sole discretion whether your Invite Link was used by a referred customer to create a new customer account to place an order. The referred customer using your Invite Link must be a new Mr. Pams customer and not an existing or returning customer/account holder. You will receive one reward for each bottle of Mr. Pams product purchased by a third party after creating their own user account and placing an order by using your Invite Link. Rewards may be redeemed in various forms in Mr. Pams’ sole discretion, including but not limited to in the form of a gift card. Restrictions may apply. Rewards are subject to verification, and processing of rewards may be delayed for purposes of investigation.  Rewards are not transferable and may not be traded or sold. Rewards are subject to our return policy. Upon termination of the Program, any unredeemed rewards that have not yet been delivered are forfeited.

All commercial or other marketing communications that you send regarding the Program or our products cannot hide or mislead as to the subject matter or sender, and must include a means for the recipient to opt-out of such communications. If you provide a testimonial for Mr. Pams or our products, or the Program, you must comply with all applicable federal, state, and international laws and regulations. For example, the FTC requires that, if you receive something of value (e.g., a free product) in return for your endorsement/testimonial, you must disclose in the testimonial/endorsement that you have received something of value for your statement. If the endorsement/testimonial is provided in social media or online advertising, you will need to identify it as “Sponsored”, “Ad”, or another disclosure that identifies the paid nature of the statement. The FTC provides guidance on proper disclosures relating to testimonials and endorsements, which can be found at https://www.ftc.gov/news-events/topics/truth-advertising/advertisement-endorsements. You must also comply with all trademark guidelines in connection with any pre-approved use of our logos.

You agree not to use the Program to:

  • Refer yourself, or create multiple or fake accounts or participate in the Program using multiple or fake addresses or identities;
  • Send Invite Links to anyone under the age of 18;
  • Violate applicable law or these Terms;
  • Infringe the intellectual property rights of Mr Pams or others;
  • Stalk, harass, annoy, abuse, or harm another individual;
  • Collect or store Personal Data about third parties;
  • Impersonate any person or otherwise misrepresent your identity;
  • Interfere with ordisrupt servers or networks connected with the Program;
  • Interfere with other users’ use of the Program;
  • Attempt to gain unauthorized access to other accounts, computer systems, or networks connected to the Program;
  • Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive code;
  • Create, or enable others to create, fake or fraudulent Invite Links.
  • Conduct any illegal activity or solicit the performance of illegal activity or other activity that infringes the rights of others;
  • Transmit false, misleading, or deceptive advertising or communications in connection with the Program;
  • Transmit Invite Links via commercial websites (such as coupon websites); or
  • Transmit bulk referrals, distribution to strangers, or any other promotion of the Program that would constitute or appear to constitute unsolicited commercial email or “spam” in our sole discretion.

We may refuse to verify and process any transaction that we deem, in our sole discretion, to be fraudulent, suspicious, in violation of these Terms, or will impose potential liability on Mr. Pams, its subsidiaries, its affiliates, or any of their respective officers, directors, employees, representatives, and agents. For example, we may prohibit you from participating in the Program or receiving a reward if, in our sole discretion, we determine that you are attempting to undermine the fairness, integrity, or legitimate operation of the Program in any way but cheating, hacking, deception, or other unfair practices of intending to annoy, abuse, threaten, or harass us or any third party. We may also void your reward if you refer customers using spam, display advertising, sponsored links, unsolicited emails, or links on message boards or forums, or if you offer any incentive to others to open new accounts with us.

Release. Mr. Pams, its employees, officers and directors are not responsible or liable for any damages, or economic or emotional loss because of participation in the Program, and you release Mr. Pams, its employees, officers and directors from any and all claims, including claims that any acts by Mr. Pams resulted in any damages or economic or emotional loss because of participation in the Program.

Content Ownership and Use. We own the right to the content of this Site, including all designs, text, graphics, images, videos, information, trademarks, and other content (collectively, “Content”). Subject to your compliance with these Terms, we grant you a nonexclusive and non-sublicensable license to display the Content in connection with your promotion of and participation in the Program, and solely for the limited purpose of promoting or purchasing our products. As between you and us, the Site, including all photographs, images, text, graphics, icons, source code, and other aspects thereof, including all intellectual property or proprietary rights therein, are owned by us or our licensors.  Nothing contained in these Terms shall be deemed to grant you any right, title, or interest in or to any proprietary right.

No Medical Advice. NOTHING STATED OR POSTED ON THE SITE, COMMUNICATION OR PRODUCT IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. OUR SITE, AND OUR COMMUNICATIONS, MARKETING AND OTHER INFORMATION ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

Disclaimer of Warranties, Limitation of Liability. THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE DO NOT WARRANT THAT THE WEBSITE WILL BE FREE OF ERRORS OR MEET YOUR REQUIREMENTS. THE PRODUCTS ARE SOLD THROUGH THE WEBSITE AS IS, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AS TO THE SAFETY, RELIABILITY, DURABILITY OR PERFORMANCE OF OUR PRODUCTS, OR THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS. IN NO EVENT WILL MR PAMS OR ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, DAMAGE TO COMPUTER SYSTEM, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. FURTHER, IN NO EVENT WILL MR PAMS OR ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF OUR PRODUCTS. WITHOUT LIMITING THE FOREGOING, YOUR RECOVERY FROM MR PAMS SHALL BE LIMITED TO THE TOTAL FEES YOU HAVE PAID TO MR PAMS. If you are in a jurisdiction that does not permit the above limitations or exclusions of liability, then the limitation or exclusion shall apply to the greatest extent permitted by applicable law.

Indemnification. You agree to defend, indemnify, and hold harmless Mr. Pams and its agents, officers, directors, service providers and volunteers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to use of the Site, use of the products purchased through the Site, and your violation of these Terms.

Disputes. We are located in the United States. All matters relating to these Terms and any dispute or claim arising therefrom or relating to your use of the Site shall be governed by and construed in accordance with the laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule. Without limiting the requirements of the preceding section regarding arbitration, any legal suit, action or proceeding arising out of or relating to these Terms shall be brought in the state or federal courts in Kent County, Michigan, and you consent to jurisdiction and venue in such courts.

Force Majeure. We shall not be liable for any nonperformance or delay in performance caused by any act beyond our reasonable control, including acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

Miscellaneous. These Terms are the entire and exclusive agreement regarding your use of the Site. We reserve the right, in our sole discretion, to revise these Terms from time to time, or change, suspend, or discontinue the Site at any time.  If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.  Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.  In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of its authorized representatives.

Contacting Us. Questions about these Terms should be sent to us at  info@misterpams.com

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