These terms and conditions (“Terms”) govern your use of the REV’IT! eStore U.S.A., LLC (referred to as "us", "we", or "our" as the context may require) website (the “Website”). By using the Website, you accept these Terms as a binding agreement between you and us. Throughout these Terms, the terms “you” and “your” apply to you personally. By using the Website, you (a) acknowledge that you have read and understand these Terms, (b) represent that you are of legal age to accept these Terms, and (c) accept these Terms. If you do not agree to these Terms, then you are not authorized to access or use the Website and we are under no obligation to you whatsoever.
This Website and all content, including photographs, text, audio and video content, whether downloadable or otherwise (collectively “Content”), are our property or that of our licensors. No Content may be copied or reproduced, in whole or in part, without written approval by us, except that you may view, copy, print and use Content contained on this Site solely for your own non-commercial personal use only. Nothing in these Terms implies a license or other grant of right to use any patent, copyright, trademark or other intellectual property of ours or any of our affiliates. We make no representation, warranty or guarantee as to the accuracy of the Content, and reserve the right to, without prior notice, discontinue any product offered for sale on the Website at any time.
2. General Use Restrictions
You shall not at any time, directly or indirectly:
- copy, modify, or create derivative works of any Content, in whole or in part;
- reverse engineer, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Website, in whole or in part;
- remove or otherwise change any proprietary notices from the Website;
- use the Website in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person or entity, or that violates any law;
- use any data mining, robots or other data aggregation or extraction methods;
- violate or attempt to violate the security of the Website;
- share any login credentials with any nonparty;
- access data not intended for you or log into the Website using login credentials that are not your own;
- solicit login information or other personally identifiable information from any other user of the Website;
- attempt in any way to interfere with the offering of products or services to any other user of the Website;
- attempt to harass or defame in any way any other user of the Website; or
- attempt to make any unsolicited contact of any kind with any other user of the Website.
You may not share any login credentials you create in order to use the Website (i.e., username and password). You agree to protect the confidentiality of your username and password. Your access to the Website may be revoked by us at any time with or without cause. You agree to defend, indemnify and hold us harmless and our affiliates, and their respective officers, representatives, directors, employees, consultants or agents from and against any losses or liabilities arising from your use of the Website or your breach of these Terms, including without limitation, your infringement of any intellectual property or other right of ours or any of our affiliates.
3. Use with Mobile Devices
Use of the Website may be available through a compatible mobile device that requires Internet access and specialized software not provided by us. You are solely responsible for meeting any such requirements, including any message and data rates, as well as the terms and conditions of your agreement with your mobile service providers. We make no warranty or representation as to your ability to access the Website from a mobile device, the security of your data transmissions over the Internet, or the confidentiality of any such data transmitted.
Notwithstanding anything to the contrary in these Terms, we may temporarily suspend your access to any or all of the Website if:
- (a) you violate any of the use restrictions set forth in Section 2 above; or
- we reasonably determine that
(i) there is a threat or attack on our Website;
(ii) your use of our Website disrupts or poses a security risk to us or to any other user of the Website;
(iii) you are using the Website for unauthorized, fraudulent or illegal activities;
(iv) our offering of products or services to you is prohibited by law; (v) any vendor of ours has suspended or terminated our access to or use of any services or products required to enable you to access the Website;
(vi) you fail to pay fees you owe to us; or
(vii) you are under the age of 13 years, or under the age of 18 years and using the Website without the supervision of a parent, legal guardian or other responsible adult. We shall use reasonable efforts to provide written notice of any service suspension to you and to provide updates regarding resumption of access to the Website following any service suspension. We shall use reasonable efforts to resume providing access to the Website as soon as practical after the event giving rise to the service suspension is cured. We assume no liability for any loss or liability that you may incur as a result of a service suspension.
5. Links to Other Websites
The Website may contain links to other websites not owned or controlled by us. We are not responsible for the content, availability or operation of any such website. When you access any such website, it is your responsibility to read any terms and conditions of use, privacy policies or other similar terms and conditions associated with your use of any such website. You agree to indemnify and hold us harmless and our affiliates from and against any loss or liability arising from your use of any such website.
You can purchase products or services on the Website using a credit card or other form of payment accepted by us. If a credit card account is being used for a transaction, we may obtain authorization for up to the amount of the required payment. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. You represent and warrant that if you are making online payments that:
- any credit card information you supply is accurate and complete;
- any purchase you make is authorized; and
- you will pay the charges you incur, including any applicable taxes
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM DEFECTS. THE WEBSITE AND ANY CONTENT OR SERVICE PROVIDED ON THE WEBSITE ARE PROVIDED "AS-IS" WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND ALL SERVICES OFFERED THEREON. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, TROJAN HORSES, RANSOMWARE, MALWARE OR OTHER DESTRUCTIVE PROGRAMS. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA SECURITY. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITY ARISING FROM ANY OF THE PRECEDING. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND OF THE INTERNET.
8. Limitation of Liability
TO THE EXTENT LEGALLY PERMISSIBLE, NEITHER WE NOR ANY NONPARTY NAMED ON THE WEBSITE ARE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR USE OF THE WEBSITE, ANY PRODUCT OR SERVICE OFFERED THEREON, ANY CONTENT APPEARING ON THE WEBSITE, OR ANY LINKED WEBSITE, REGARDLESS OF THE LEGAL THEORY OF LIABILITY OR WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT, PRODUCT OR SERVICE OFFERED THEREON IS TO STOP USING THE WEBSITE.
10. Term and Termination
These Terms are effective upon your acceptance of the same and will remain in effect unless we terminate them or you fail to comply with any of the same. Upon termination of these Terms, you must immediately stop using the Website.
11. Dispute Resolution
THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE SECTION REV’IT’S TERMS AND CONDITIONS FOR ONLINE SALES ENTITLED DISPUTE RESOLUTION AND BINDING ARBITRATION.
- Entire Agreement. These Terms, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to its subject matter and supersedes all other understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Rev’It reserves the right to modify these Terms from time to time, and you hereby acknowledge that these Terms serve as notice of any such modification.
- Force Majeure. In no event shall either party be liable to the other or be deemed to have breached these Terms, for any occurrence, the non-occurrence of which was a basic assumption under which these Terms were executed.
- Waiver. No failure to exercise or delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, the terms of these Terms shall govern.
- Severability. If any of these Terms is determined by an arbitration panel or court of competent jurisdiction to be invalid, illegal, or unenforceable in such jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term of use or invalidate or render unenforceable such term in any other jurisdiction. Upon such determination that any of these Terms is invalid, illegal, or unenforceable, the parties shall negotiate in good faith to modify these Terms so as to effect their original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
- Governing Law. These Terms is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of New York.
- You shall not assign or otherwise transfer any of your rights or obligations or performance under these Terms without our prior written consent. No assignment, delegation, or transfer will relieve you of any of your obligations or performance under these Terms. Any purported assignment, delegation, or transfer in violation of this section is void. These Terms are binding on and shall inure to the benefit of the Parties and their respective successors and permitted assigns.