Terms of Use

PLEASE REVIEW THESE TERMS CAREFULLY PRIOR TO USING THE WEBSITE OR PURCHASING FROM THE COMPANY. THESE TERMS OR USE LIMIT YOUR LEGAL RIGHTS, AND INCLUDE AN IMPORTANT ARBITRATION REQUIREMENT. IF YOU DO NOT AGREE WITH THESE TERMS OR THE INCLUDED ARBITRATION REQUIREMENT, PLEASE DO NOT USE THIS WEBSITE OR ORDER FROM THE COMPANY.

Welcome to www.WipeNewPro.com (“Website”), home of WIPE NEW® (collectively “Product” or “Products”). Website is part of Wipe New, LLC (referred to as “Company”, “we,” “us,” or “our”). Before you begin to use Website, please take a moment to review this Terms of Use Agreement (“Agreement”). The Agreement describes the terms and conditions applicable to your use of Website, Products, and the WIPE NEW® services provided through or in connection with Website (“Service” or “Services”), which may be updated by Company from time to time without notice to you. Company may also offer other services that are governed by different Terms of Service. You must read and agree with all of the terms and conditions contained in this Agreement and the Website Privacy Policy then in effect (“Privacy Policy”), which is incorporated by reference, before you use Website, Products, or Services. By accessing the Website, you agree to abide by this Agreement and the Privacy Policy. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access Website, Products, or Services.

Eligibility
Use of Website is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use Website.

Order Acceptance
Company accepts orders via telephone, mail and internet. Only domestic orders shipping to the 48 contiguous United States are accepted via Website. For international orders, email technical.support@rustoleum.com for more information. ALL SALES ARE FINAL. Acceptable forms of payment include Visa, MasterCard, American Express, and Discover (“Electronic Payment”), or you may mail in a check or money order (“Conventional Payment”). All prices listed are in US dollars (“USD”). If Electronic Payment, at checkout, we will charge the full cost of your order, which includes the Product as it may be advertised, plus any ancillary options that you select during the order process, shipping fee, and applicable sales tax. By providing your account information, you authorize Company to settle a charge or debit to your account for this transaction. If your card is declined and you have verified that you have entered your information correctly, please contact your bank directly for resolution as your bank cannot provide Company with information about why your payment declined. Another alternative is to select a different payment method. You agree to timely payment of all charges in accordance with your cardholder agreement with the card issuer. It is your responsibility to report any billing discrepancies to Company within sixty (60) days after such discrepancy appears on your statement.

Mail Orders: To ensure accuracy, send screen shot or printout of cart showing desired products, along with shipping address, check, money order or credit card information for full cost of order (add sales tax if applicable), and sales and use tax exemption certificate if applicable to Wipe New® 11 Hawthorne Parkway, Vernon Hills, IL 60061.

Sales Tax
Sales tax is based on the shipping address, and will be assessed at the sales tax rate in effect at the time your transaction is completed. We currently collect sales tax in several states. Please see our Sales Tax Policy for details. If you are tax exempt and have been charged sales tax, email your sales and use tax exemption certificate to technical.support@rustoleum.com for a refund of the sales tax.

Delivery
DOMESTIC ORDERS: Delivery is only available to the 48 contiguous United States; physical address is required, we cannot deliver to a PO Box address. Orders ship via ground service (UPS, FedEx, or other carrier) within one (1) business day after receipt of order made via Website. After your order leaves our warehouse, please allow up to seven (7) business days for delivery. You do not need to be present to accept delivery of your package. Please allow additional processing time for mail orders.

INTERNATIONAL ORDERS: email technical.support@rustoleum.com for more information.

All Orders: Company is not responsible for delays in making delivery or for failure to make delivery due to causes beyond our control including, but not limited to, acts of regulations of any governmental authority, fire, work stoppages or slowdowns, accident, flood, war, national emergency, acts of God, public disorder, transportation shortages or delays, and shortages of fuel or materials.

Please Note: Company makes a good faith effort to ensure the accuracy of all text, including, but not limited to: product descriptions, pricing, availability, and all offerings including the technical coding, functionality, and performance of and as presented via our Website, and through our process of transaction processing. Our extensive and continual review process coupled with our testing process ensures that the risk of error and inaccuracy is mitigated. However, we reserve the right to review all orders for accuracy and fraud, to the best of our ability, in a timely fashion. As such, we reserve the right to hold and/or cancel orders deemed inaccurate or fraudulent, and limit our responsibility to the cancellation of the order(s), notification of the customer, and refunding of any monies collected.

Customer Service
ORDER RELATED QUESTIONS (i.e. billing, where’s my order? wrong product received, etc):

Phone: (855) 836-8438 weekdays, 8:00 am to 8:00 pm, EST

Email: wipenew@customerstatus.com

Online: CustomerStatus.com anytime day or night

PRODUCT RELATED QUESTIONS (i.e. how to use/remove, recommended uses, etc):

Phone: (888) 822-3570 weekdays, 7:00 am to 6:00 pm, CST

Email: technical.support@rustoleum.com

Privacy
Company respects your privacy. Use of Website is also subject to the Terms and Conditions of our Privacy Policy. See our Privacy Policy for additional information regarding your privacy on this Website.

If you have questions about this Agreement or our Privacy Policy please e-mail wipenew@customerstatus.com.

Contents and Linking
All material that appears on Website is for general informational purposes only listed in an effort to educate you regarding our Products and Services. While we try to ensure that any information we post to Website is both timely and accurate, errors may appear from time to time. Website may not be updated regularly, and certain information may not be the most current information available. Though we may post follow-up information and reports, and may continue to provide access to the original information and reports, before you act on information you’ve found on Website, you should independently confirm any facts that are important to your decision.

Company is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Company or its licensors.

Although we make Website freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on Website. The materials available through Website are the property of Company or its licensors, and are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this agreement, Company and its licensors expressly reserve all other rights and licenses. You are free to display and print information you receive through Website for your personal, non-commercial use, but you may not otherwise reproduce or modify any of the materials without the prior written consent of Company or their owner. You may not distribute copies of materials found on Website in any form (including by e-mail or other electronic means), without prior written permission from Company or their owner. Of course, you are free to encourage others to access the information themselves on Website and to tell them how to find it. Requests for permission to reproduce or distribute materials found on Website should be sent to Wipe New®, 11 Hawthorne Parkway, Vernon Hills, IL 60061.

We welcome links to the homepage of Website with prior approval from Company, so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by Company. To request to add a link to our homepage on your website, send an email to wipenew@customerstatus.com . We reserve the right to deny any link request and/or to block any link after approval has been given. Note: we do not permit framing or inline linking to Website or any portion of it.

Trademark & Patent Information
Company and its trademarks and service marks, logos and product and service names and phrases which Company now claims or may claim in the future are trademarks of Company (the “Company Marks”). You agree not to display or use Company Marks in any manner, without Company’s prior written permission.

Violations
You should report any violations of the Agreement to wipenew@customerstatus.com .

Submissions and Postings; Disclosure
You are solely responsible for any information, including photographs, that you submit to Company or post on Website (“Content”). By submitting Content to Company or posting Content to Website, you grant Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to Content, which may be reproduced, distributed, or displayed without further permission from you. By using Website you agree not to submit, post or transmit any defamatory, abusive, obscene, threatening or illegal Content, or any other Content that infringes on the ability of others to enjoy Website or that infringes on the rights of others. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Agreement.

We reserve the right (but assume no obligation) to monitor, delete, move, or edit any Content that comes to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure of any submissions or postings on Website to others, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of Website.

Termination
Company reserves the right at any time to terminate your use of Website if you fail to comply in full with any term of this Agreement, or any other terms, agreements, or policies that apply to Website and the use of it.

Indemnification
You agree to indemnify, defend, and hold harmless Company (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of this agreement or unauthorized use of Website. Your indemnification obligation shall survive the termination of this agreement. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Company in connection with our defense.

Disclaimer of Warranties and Liability
YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH WEBSITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON WEBSITE OR ANY MATERIAL AVAILABLE THROUGH WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH WEBSITE.

WEBSITE IS PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” COMPANY AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH WEBSITE, NOR DO THEY GUARANTEE THAT WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL COMPANY (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMPANY AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF COMPANY (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO COMPANY FOR THE USE OF WEBSITE.

Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent a court determines any provisions in this Agreement to be unenforceable; such a determination shall not affect the validity of the remaining terms of this Agreement, which shall remain in full force and effect.

Arbitration and Applicable Law
By visiting and/or using the Website from within the United States, you agree that the laws of the State of Virginia, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Company or its affiliates. You must first email Company at wipenew@customerstatus.com  and allow Company the opportunity to resolve your claim or dispute. If your claim or dispute is not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the terms of this Agreement. All arbitration proceedings must be commenced within two (2) years from date claim arises, or claims are waived.

IN THE EVENT OF ANY CONTROVERSY, CLAIM OR DISPUTE BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE TERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN VIRGINIA BEACH, VIRGINIA OR IN THE COUNTY IN WHICH THE CONSUMER RESIDES, IN ACCORDANCE WITH THE LAWS OF THE STATE OF VIRGINIA FOR AGREEMENTS TO BE MADE IN AND TO BE PERFORMED IN VIRGINIA. THE PARTIES AGREE, THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO ITS RULES AND PROCEDURES AND AN ARBITRATOR SHALL BE SELECTED BY THE AAA. THE ARBITRATOR SHALL BE NEUTRAL AND INDEPENDENT AND SHALL COMPLY WITH THE AAA CODE OF ETHICS. THE AWARD RENDERED BY THE ARBITRATOR SHALL BE FINAL AND SHALL NOT BE SUBJECT TO VACATION OR MODIFICATION. JUDGMENT ON THE AWARD MADE BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION OVER THE PARTIES. IF EITHER PARTY FAILS TO COMPLY WITH THE ARBITRATOR’S AWARD, THE INJURED PARTY MAY PETITION THE CIRCUIT COURT FOR ENFORCEMENT. THE PARTIES AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN HIS/HER OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES SHALL SHARE THE COST OF ARBITRATION, INCLUDING ATTORNEYS FEES, EQUALLY. IF THE CONSUMERS SHARE OF THE COST IS GREATER THAN $1,000.00 (ONE THOUSAND DOLLARS), THE COMPANY WILL PAY THE CONSUMERS SHARE OF COSTS IN EXCESS OF THAT AMOUNT (COSTS OF ARBITRATION SERVICE FOR INDIVIDUAL ARBITRATION, NOT ATTORNEYS’ FEES OR OTHER FEES). IN THE EVENT A PARTY FAILS TO PROCEED WITH ARBITRATION, UNSUCCESSFULLY CHALLENGES THE ARBITRATOR’S AWARD, OR FAILS TO COMPLY WITH THE ARBITRATOR’S AWARD, THE OTHER PARTY IS ENTITLED TO COSTS OF SUIT, INCLUDING A REASONABLE ATTORNEY’S FEE FOR HAVING TO COMPEL ARBITRATION OR DEFEND OR ENFORCE THE AWARD.

Special Admonitions for International Use
Recognizing the global nature of the internet, if you use Website from locations outside of the United States, you agree and are responsible for compliance with any applicable local laws. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Virginia, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate Company and/or its affiliate’s intellectual property rights, Company and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Virginia, and you consent to exclusive jurisdiction and venue in such courts.

Notice
You agree that Company may submit any notices to you via either e-mail or regular mail. The service may also provide notices by displaying notices or links to notices to you generally on the service, which notice you also agree Company may submit to you via e-mail or regular mail.

Changes to Agreement
We may periodically change Agreement and Website without notice, and you are responsible for checking the Agreement periodically for revisions. Amended Agreement becomes effective upon our posting to Website, and any use of Website after such revisions have been posted signifies your consent to the changes.

No Resale of Service
Unless expressly permitted in writing by Company, you agree not to reproduce, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the service, use of the service, or access to the service

Feedback
We invite you to send in your questions or comments about Website, or to bring to our attention any material you believe to be inaccurate. You may provide general feedback by emailing us at wipenew@customerstatus.com .