TERMS AND CONDITIONS - TERMS OF USE Welcome to the TK Scrubs.com Website (the "Site")! TK SCRUBS and tkscrubs.provides this Site as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. Since TK SCRUBS and tkscrubs.com may revise this Agreement at any time, you should visit this page periodically to review the terms of your use. SHIPPING AND RETURNS POLICY All shipping costs (purchases and returns)are the responsibility of the purchaser. There are NO refunds by cash, credit card, electronic check or any other means. Exchanges will be made for size only within 10 days from the date of receipt of the merchandise only if the merchandise is in original condition, never worn and all tags still in place. There is a 20% restocking fee for all returns, exchanges or otherwise. No exceptions. The restocking fee will not apply to merchandise damaged in shipping. We require a RA (Return Authorization) number before any merchandise may be returned or exchanged. Contact us for this RA number at contact@tkscrubs.com. Website or Store Credits may be placed on your account and may take up to two (2) weeks. Please refer to our Terms & Conditions. SITE CONTENTS Occasionally there may be information on TK SCRUBS and tkscrubs.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your TK Scrubs purchase, you may return it with your invoice to any TK Scrubs or to TK Scrubs by mail. See SHIPPING AND RETURNS FOR ADDITIONAL IMPORTANT INFORMATION. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by TK SCRUBS and tkscrubs.com. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interests in and to which are owned by TK SCRUBS and tkscrubs.com. TK SCRUBS and tkscrubs.com and our other trademarks appearing at this Site are the trademarks of TK SCRUBS. This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole, or in part any of the Contents, the Site, or related software. USER COMMENTS, MATERIALS, FEEDBACK, AND POSTCARDS While TK SCRUBS and tkscrubs.com are pleased to hear from our loyal fans and customers, it is TK SCRUBS and tkscrubs.com's long-standing company policy not to accept or consider unsolicited creative ideas, suggestions, materials, or business proposals from persons or entities outside our company. If at our request you send certain specific submissions (for example, a photograph, story, or poem), or if despite our request that you not send us unsolicited creative materials, you send us other suggestions, comments, feedback, ideas, postcards, opinions, concepts, graphics, text, drawings, or other materials (all of the foregoing, collectively, the "Materials"), all such Materials, submitted or offered to TK SCRUBS and tkscrubs.com on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site shall be and remain TK SCRUBS and tkscrubs.com's property. Such disclosure, submission, or offer of any Materials shall constitute an assignment to TK Scrubs of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Materials. Thus, TK SCRUBS and tkscrubs.com will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Materials. TK SCRUBS and tkscrubs.com is and shall be under no obligation (1) to maintain any Materials in confidence; (2) to pay to the user any compensation for any Materials; or (3) to respond to any user Materials. You agree that no Materials submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Materials you submit. PRODUCT INFORMATION The TK SCRUBS and tkscrubs.com products displayed on the Site are available in select TK SCRUBS and tkscrubs.com stores in the United States. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the U.S. COLORS We have made every effort to display as accurately as possible the colors of our products that appear on our Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. LINKS TO OTHER WEB SITES AND SERVICES This Site may contain links to other websites that are not under the control of TK SCRUBS and tkscrubs.com. TK SCRUBS and tkscrubs.com has no responsibility for the linked websites, nor does it necessarily endorse the linked websites. TK SCRUBS and tkscrubs.com provides the links solely for the convenience and information of our Site users. DISCLAIMER TK SCRUBS and tkscrubs.com PROVIDES THE MATERIALS ON THIS SITE "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. TK SCRUBS and tkscrubs.com EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS SITE, ALTHOUGH TK SCRUBS and tkscrubs.com MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE. YOU FURTHER ACKNOWLEDGE THAT TK SCRUBS and tkscrubs.com SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. INDEMNIFICATION You agree to defend, indemnify, and hold TK SCRUBS and tkscrubs.com harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Site, your breach of these Terms of Use, and/or any of the foregoing agreements, representations, and warranties. MISCELLANEOUS Unless otherwise specified and except to the extent TK SCRUBS and tkscrubs.com products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting TK SCRUBS and tkscrubs.com's products and services available in the United States and select foreign markets. This Site is controlled and operated by TK SCRUBS and tkscrubs.com from its offices in Dallas,Texas. One or more patents may apply to this Web site. This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Texas, County of Dallas, and/or the Northern District of Texas. The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of TK SCRUBS and tkscrubs.com's right to later require strict observance of each of the terms herein. If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable and all other provisions shall remain in full force and effect. This constitutes the entire agreement between us relating to your use of the Site and shall not be modified except in a writing signed by both parties. TERMINATION These terms are effective unless and until terminated by either you or TK SCRUBS and tkscrubs.com. You may terminate this Agreement at any time. TK SCRUBS and tkscrubs.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in TK SCRUBS and tkscrubs.com's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or TK SCRUBS and tkscrubs.com, you must immediately discontinue use of this Site and promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. Note that certain provisions of this Agreement (Site Contents; User Comments, Materials, Feedback, and Postcards; Disclaimer; and Indemnity) will survive termination. Credit Card Safeguard We do our best to provide a safe and convenient online shopping experience. When you make a purchase at tkscrubs.com, we save your credit card details for a faster, easier checkout the next time. 1. We safeguard the integrity of our customers' credit card information. 2. If you're not comfortable shopping online and would prefer to make your purchase via telephone, just call at 214-341-5434. If our Customer Service agents are not available, please leave a message and we will return your call within 48 hours. Protecting the safety of your credit card information is important to us. We use Secure Sockets Layer (SSL) technology to protect the security of your credit card information as it is transmitted to us. SSL is the gold standard in Internet encryption technology, which is a fancy way of saying that it's a highly sophisticated method of scrambling data as it travels from your computer to our website's servers. Bank or Credit Card Company Liability Under the Fair Credit Billing Act, your bank or credit card company cannot hold you liable for more than $50 of unauthorized or fraudulent charges on a credit card. Your liability for unauthorized use of a debit card may be higher, but most debit card issuers voluntarily apply the $50 limit to these cards, as well. Remember: If unauthorized use of your credit or debit card does occur, you must notify your card provider, in accordance with the agreement you have with the company. To make sure you are accessing our secure server before you submit personal financial information, look at the lower left-hand corner of your browser. If you see an unbroken key or a closed lock (depending upon your browser), then SSL is active. To double-check for security, look at the URL or Location line of your browser. If you have accessed a secure server, the first characters of the address in that line should change from "http" to "https." Some browser versions and some firewalls don't permit communication through secure servers like the ones we use to process orders at tkscrubs.com. If for any reason you cannot access the secure server, please feel free to place your order with us by phone at 214-341-5434. Our Customer Service Consultants will be happy to assist you. TK SCRUBS tkscrubs.com Privacy Policy Our Commitment to Privacy, Effective August 17, 2006 TK SCRUBS and tkscrubs.com values its customers and respects their privacy. We collect customer information in an effort to improve your shopping experience and to communicate with you about our products, services, contests and promotions. We do not sell or rent your personal information to third parties. As described in this policy, we do, however, share your information with our affiliates and under certain circumstances, with third parties that provide services on our behalf or with whom we have partnered to offer a particular product or service. This policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. Our policy also describes the choices you can make about how we collect and use your information. If you have any questions about our privacy policy, you can always contact tkscrubs.com Customer Service in any of three ways: 1. Send us an email message at contact@tkscrubs.com 2. Call us at 214-341-5434. 3. Write to us at TK Scrubs Online 10201 Plano Road Suite 112 Dallas, Texas 75238 If our information practices change in the future, we will post an updated policy on our website. You can tell if the policy has changed by checking the revision date that appears at the end of this policy. You may exercise your choices about how we collect and use your information at any time. What kind of information does tkscrubs.com collect? We collect information, such as name, email and postal addresses, and phone and credit card numbers from you when you visit our website or one of our stores, place an order online or by phone, make an in-store purchase, create and save an account with us online, or participate in a contest, sweepstakes, promotion, or survey. We maintain a record of your product interests and the purchases you make online or by phone and in our stores, and may also acquire information about you from our joint marketing partners, from unrelated third parties, and from our affiliates, including, without limitation, TK SCRUBS and tkscrubs.com. How does tkscrubs.com use my information? When you place an order or make a purchase at tkscrubs.com, we use your personal information to process your order, send you emails to confirm your order, or to contact you via phone, postal mail, or email if we have other questions regarding your order or purchase. When you place an order, make a purchase, or save your information online, we will use your email and postal address to send you information about our products, services, contests, and promotions and to help us learn more about your shopping preferences. If you participate in a contest or promotion (online, over the phone, or at one of our retail stores), we may use your personal information to send you emails, postal mail, or telephone calls (including text messages) regarding our products, services, contests, and promotions. From time to time, we may use this information to contact you via email, postal mail, or telephone to learn more about your shopping preferences. You always have the choice not to receive marketing information or calls. In addition, we may use information about you and your product interests and purchases from us and our affiliates, including without limitation, to help us improve our site design and your online and in-store shopping experiences. We may contact you, subject to the choices you have made, via email, postal mail, or telephone, to conduct market research and to learn more about how we can improve our product offerings. To serve you better, we may combine information you give us and information about your product interest and purchases with information from third parties, including demographic information and information that is publicly available. We may also combine this information with information from our affiliates, including without limitation. We use that combined information to enhance and personalize your shopping experience with us, and to communicate with you in accordance with this policy. Does tkscrubs.com share my information with third parties? If you shop at one of our affiliates (including, without limitation,), we share information about you with that affiliate, so that it can communicate with you by email or postal mail about their products, services, contests and promotions that may be of interest to you. Each of our affiliates has a privacy policy that is consistent with our own. We also contract with service providers to maintain and manage our customer information, to fulfill promotions, and to communicate with our customers. We do not authorize any of these service providers to make any other use of your information. In addition, when we team up with another company to offer or provide products, services, contests, or promotions, we may compare our customer list with theirs to identify our common customers. TK SCRUBS and tkscrubs.com and our marketing partners may use that information to fulfill our respective obligations to you and for future promotional activities. When we offer contests and promotions, with or without a marketing partner, you may be required to provide certain personal information in order to participate. In these cases, we will give you the choice not to receive email messages or other communications from us regarding our products, services, contests, and promotions. In this case, however, TK SCRUBS and tkscrubs.com may still need to contact you, for example, to notify winners and to fulfill promotional obligations. Scrip programs allow you to instruct TK SCRUBS and tkscrubs.com to divert a percentage of the amount you spend to participating schools and other non-profit organizations. Loyalty programs allow you to earn "points" on purchases at TK SCRUBS and tkscrubs.com, which you may then use toward certain rewards offered by the loyalty programs in which you participate. If you choose to participate in any scrip, loyalty, or other similar program in which TK Scrubs and tkscrubs.com is a participating vendor, the company administering the scrip, loyalty, or other similar program (collectively, the "scrip company") should provide a link on its website that permits you to authorize TK SCRUBS and tkscrubs.com or our credit card processor(s) to provide information about your TK SCRUBS and tkscrubs.com purchases. The information you authorize us to disclose to the scrip company will include your credit card number and the date and amount of your purchase, and may also include your name and other information we have asked you to provide. Please note that once TK SCRUBS and tkscrubs.com discloses this information, the scrip company may use and share it with others in accordance with its own privacy policy. You should review these policies carefully, as we have no control over them. In the unlikely event of a sale of some or all of our business, TK SCRUBS and tkscrubs.com will disclose your personal information to a purchaser that agrees to abide by the terms and conditions of this privacy policy. TK SCRUBS and tkscrubs.com reserves the right to disclose information about you as required by law, in response to legal process and law enforcement requests, and as necessary to protect the property, interests, and rights of TK SCRUBS and tkscrubs.com, its affiliates, and others. How do I access my information? How do I change or delete my information? You can review, change or delete certain personal information related to your use of our online sites (e.g., name and contact information). To access your information online, click the My Account link (if applicable)at the top of any page, sign in, and you'll be able to edit your personal information. You can also ask us to update your personal information by calling us at 214-341-5434, writing us at TK Scrubs, 10201 Plano Road Suite 112 Dallas, Texas 75238, or sending us an email message at contact@tkscrubs.com. Please be sure to include your email address, full name, and password. Please note that email requests to update your personal information may take up to 10 days to process, and postal requests may take 6 to 8 weeks to process. How do I exercise my choices about receiving promotional communications? We want to communicate with you only if you want to hear from us. If you prefer not to receive promotional information from us or our affiliated brands, or if you do not want us to use your information to enhance your shopping experience, please let us know by calling us at 214-341-5434, writing us at TK Scrubs and tkscrubs.com, 10201 Plano Road Suite 112 Dallas, Texas 75238 or by sending us an email message at contact@tkscrubs.com. Please be sure to include your full name and the email address you used when you registered with or made a purchase from us. If you ask us to remove your name and address from our promotional lists, we will maintain your name in a "do not contact" file to ensure that we can honor your request. Please note that email requests to update your personal information may take up to ten (10) days to process, and postal requests may take six (6) to eight (8) weeks to process, during which time you may continue to receive communications from TK SCRUBS and tkscrubs.com. Please also note that when you purchase from us, we will continue to confirm your order by email. In addition, we may also need to contact you via phone, email, or postal mail with other questions regarding your order. How does tkscrubs.com protect kids' privacy? TK SCRUBS and tkscrubs.com is concerned about the safety of children when they use the Internet and will never knowingly request personally identifiable information from anyone under the age of 13. What are cookies? How does tkscrubs.com use cookies on its site? A cookie is a small data file that websites often store on your computer's hard drive when you visit their sites. A cookie may contain information, such as a unique user ID that websites use to track the pages of the sites you've visited. We use cookies but do not store personally identifiable information in your cookie. We use cookies in order to improve your shopping experience. Cookies enable us to keep track of your order as you shop on our site. Through our use of cookies, we also track and maintain the identity of the website you visited immediately prior to visiting our website. We do not otherwise track any information about your use of other websites. You can refuse cookies by turning them off in your browser. If you turn off cookies, though, we will not be able to track your order to enable you to purchase from our site. Nor will we be able to recognize you as a registered user, which allows you to access your account information. For our customers using Internet Explorer 6.0 If you are shopping on tkscrubs.com using Internet Explorer 6.0 and are having difficulty accessing the site, please check your privacy settings in your browser and set them to "Medium." If you do not wish to change your privacy settings to "Medium" and you are currently using the "Medium High" or "High" settings, you may choose to override your current cookie handling practices for individual sites that you specify. Please click here for instructions. As always, you can place your order by phone at 1-214-341-5434. To change your privacy settings to "Medium": Select "Internet Options" from the "Tools" Menu. Click the "Privacy" Tab. Set the Privacy Slider to "Medium." Click "OK." To override your current cookie handling practices for individual sites: Select "Internet Options" from the "Tools" Menu. Click on the "Edit" button in the "Override cookie handling for individual websites" section. This will open the "Per Site Privacy Actions" dialogue box. Type "www.tkscrubs.com" in the "Address of Website" box. Click the "Allow" button. Click the "OK" button, then close the "Per Site Privacy Actions" dialogue box. Click the "OK" button to close the "Internet Options" dialogue box and apply your changes. Is my information secure? Protecting your order information is important to us. We use Secure Sockets Layer (SSL) technology to protect your online order information as it is transmitted over the Internet. Some versions of browsers and some firewalls don't permit communication through secure servers like the ones we use to process orders at tkscrubs.com. To check the security of your connection, look at the lower left-hand corner of your browser window after accessing the server. If you see an unbroken key or a closed lock (depending on your browser), then SSL is active. You can also double-check by looking at the URL line of your browser. When accessing a secure server, the first characters of the site address will change from "http" to "https." If your browser or firewall doesn't support SSL, you will not be able to connect to the server, which means you won't be able to mistakenly place an order through an unsecured connection. If you cannot access the secure server for any reason, please place your order by phone at 1-214-341-5434 What about links to other websites and services? The tkscrubs.com website may contain links to other sites. TK SCRUBS and tkscrubs.com does not control the privacy policies or practices of these websites. You should review those policies before providing any personal information. TK SCRUBS and tkscrubs.com is not responsible for the content or practices of any linked websites, and we provide these links solely for the convenience and information of our visitors. |