You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Content - information, notes, concepts, ideas, suggestions or other materials (collectively Content) posted to any public area of www.pollenrelief.com.
You, your, and user used in this Agreement refer to all individuals or entities, or both, using or permitted to use this web site for any reason.
Intellectual Property Complaints/Use of Material
All Content, software, web site design, text, graphics, images, photographs, illustrations, audio clips, video clips, digital downloads, data compilations, artwork, logos, button icons, software, and other copyrightable elements, and the selection, collection, assembly, compilation, and arrangement thereof, and trademarks, service marks, and trade names, (collectively referred to as the "Material"), are the property of R.E.P. Industries, its assigns, licensors or other respective owners and are protected pursuant to United States and international copyright, trademark, patent, intellectual property, and other laws. The web site and its Contents may only be used as permitted by R.E.P. Industries; all other uses, including reproduction, modification, distribution, transmission, republication, display or performance of the Content on this web site is strictly prohibited.
R.E.P. Industries grants you a personal, non-exclusive, non-assignable and non-transferable license to view and to download a single copy of the web site to use for non-commercial and personal use only, provided that you maintain all copyright, trademark, service mark, and other notices contained in the Materials and keep in tact all proprietary and other notices. This license does not include any resale or commercial use of this web site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this web site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, resell, or circulate any Materials to any third party (including, without limitation, the display and distribution of the Materials via a third party web site) or otherwise exploit for any commercial purpose without the express prior written consent of R.E.P. Industries. Use of www.pollenrelief.com and/or its licensors Material is only permitted with their express written permission. You further agree that you will not dissemble, decompile, reverse engineer or otherwise modify any of the Materials.
Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. The use of the Materials on any other web site or in a networked computer environment for any purpose is prohibited. You may not copy or adapt the code on any part of the web site, including that which R.E.P. Industries creates to generate its pages, or is generated in portions of the web site licensed from or by a third party. This code is also protected by R.E.P. Industries copyright and other intellectual property rights, as well as the copyright and intellectual property rights of portions licensed from or by a third party.
We respect others intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on this web site, please call or e-mail us at 800-426-3527 or email@example.com.
General Prohibited Uses
You may not use the web site in order to transmit, distribute, store, or destroy any Materials (a) in violation of any applicable law, rule, or regulation, (b) in a manner that will infringe the copyright, trademark, patent, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others, (c) that is defamatory, sexually explicit, obscene, harassing, threatening, abusive, hateful, terroristic, embarrassing to another user, or any other person or entity, or otherwise objectionable. You may not use the web site in order to transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by R.E.P. Industries).
You are prohibited from violating or attempting to violate the security of the web site, including, without limitation, (a) accessing data not intended for such user to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host, or network, including, without limitation by submitting a virus, worm, spyware, Trojan horse, time bomb, robot and other computer program routine or engine, or other harmful or disruptive component, to the web site, by overloading, "flooding," "spamming," "mail bombing," "crashing," ï¿½hacking,ï¿½ ï¿½cracking,ï¿½ or defacing any portion of www.pollenrelief.com, (d) sending unsolicited email, including promotions and/or advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or (f) damaging, detrimentally interfering with, surreptitiously intercepting or expropriating any system, data, or information.
Violations of system or network security may result in discontinuing your access to the web site and services, and/or civil or criminal liability. R.E.P. Industries will investigate violations and may involve law enforcement authorities to prosecute those responsible to the extent permitted by law.
___ is a trademark of R.E.P. Industries. It may not be used in any way, except by the express written permission of R.E.P. Industries, in any manner that is likely to cause confusion, dilute the R.E.P. Industries mark, or in any manner that discredits R.E.P. Industries. All other trademarks used on this web site are the property of their respective owners.
Specific Prohibited Uses
Posting any incomplete, false, or inaccurate information, or information about yourself which is not your own.
Deleting or revising any Materials posted by any other person, entity, or R.E.P. Industries.
Using any device, software, or routine to interfere, or attempt to interfere with the proper working of this web site or any activity conducted on this web site.
Using or attempting to use any engine, software, tool, agent, or other device, retrieval application, or mechanism (including without limitation browsers, scrapers, spiders, robots, avatars, intelligent agents, or other automated devices) to navigate, retrieve, index, data mine, or search this web site or in any way reproduce or circumvent the navigational structure or presentation of any www.pollenrelief.com Contents other than the search engine and search agents available from www.pollenrelief.com and other than generally available third-party web browsers (e.g., Safari, Microsoft Internet Explorer).
Attempting to modify, adapt, sublicense, translate, sell, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the web site.
Aggregating, copying, or duplicating in any manner any of the Materials or information available from the web site beyond what is authorized, to you under this Agreement.
Framing (and/or framing techniques), linking, or mirroring of any part of www.pollenrelief.com or linking to any of the Materials or information available from the web site without prior written authorization.
Utilizing R.E.P. Industries name or trademarks in meta tags or any other hidden text without the express written consent of R.E.P. Industries.
Harvesting or collecting information about visitors to or members of www.pollenrelief.com without their express consent.
Permitting anyone whose service was terminated to use any www.pollenrelief.com service through your service.
Any unauthorized use terminates the permission or license granted by R.E.P. Industries.
Posting, Content, and Conduct
You agree that the information you provide will be accurate and complete and that you will update us if it changes. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your service, and cancel your purchase(s).
If you use this web site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. R.E.P. Industries does not sell products to children. If you are under 18, your parent or guardian must use www.pollenrelief.com. R.E.P. Industries reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
All items purchased from R.E.P. Industries are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
R.E.P. Industries attempts to be as accurate as possible. However, R.E.P. Industries does not warrant that product descriptions or any of the other content on this web site is accurate, complete, reliable, current, or error-free. If a product offered by R.E.P. Industries itself is not as described, your sole remedy is to return it in unused condition for a refund or replacement product, in R.E.P. Industries sole discretion.
Except where noted otherwise, the list price displayed for products on our web site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The listed price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
With respect to items sold by R.E.P. Industries, we cannot confirm the price of an item until you order; however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our list may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Note that this policy applies only to products sold and shipped by R.E.P. Industries. Your purchases of products from third-party sellers using R.E.P. Industries payments are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
Security and Privacy
Protect your personal information. Doing business on the internet carries various risks, including but not limited to, the risk of identity theft, including by people who act under false pretenses. You must be careful and vigilant. It is important for you to protect against unauthorized access to your Login ID/password and to use your computer. Sign off when finished using a computer and otherwise protect the password used to access the www.pollenrelief.com services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE INFORMATION YOU PROVIDE IN THIS WEB SITE WILL BE TRUE AND ACCURATE, AND THAT YOU WILL BE LIABLE FOR ANY INACCURATE INFORMATION THAT YOU MAY ENTER. FURTHER, YOU ACKNOWLEDGE THAT YOU WILL BE RESPONSIBLE FOR PROTECTING THE PRIVACY AND CONFIDENTIALITY OF ALL INFORMATION THAT YOU USE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF WWW.POLLENRELIEF.COM IS AT YOUR OWN RISK. YOUR USE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. R.E.P. INDUSTRIES, ITS AGENTS, EMPLOYEES AND OFFICERS, TO THE FULL EXTENT PERMISSIBLE BY FEDERAL, STATE, AND LOCAL LAW, EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEB SITE, UNLESS OTHERWISE SPECIFIED IN WRITING BY R.E.P. INDUSTRIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
R.E.P. INDUSTRIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, OR YOUR INABILITY TO USE THIS WEB SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES, DAMAGES RESULTING FROM LOST DATA, LOST REVENUE OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS, PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE ASSETS, AND/OR ATTORNEYS FEES. UNLESS OTHERWISE SPECIFIED IN WRITING BY R.E.P. INDUSTRIES. YOU AGREE NOT TO INFLICT ANY INJURY OR DAMAGE ON WWW.POLLENRELIEF.COM BY ANY MEANS, AND THAT, IF YOU DO INFLICT SUCH INJURY OR DAMAGE, YOU WILL BE SUBJECT TO PUNISHMENT UNDER APPLICABLE LAW. THIS LIMITATION OF LIABILITY APPLIES WHETHER BASED ON TORT, CONTRACT, WARRANTY OR AN OTHER LEGAL THEORY AND WHETHER R.E.P. INDUSTRIES HAS BEEN GIVEN NOTICE OF POSSIBLE DAMAGES. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, TROJAN HORSES, SPYWARE, AUTOMATED DEVICES AND/OR OTHER DESTRUCTIVE MATERIALS, WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR ANY INFORMATION OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS WEB SITE DO NOT OR WILL NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO ANY SUCH FEATURES.
YOUR SOLE REMEDY FOR OUR LIABILITY ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO R.E.P. INDUSTRIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WILL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS OUR WEB SITE. IN NO WAY WILL R.E.P. INDUSTRIES BE LIABLE FOR ANY AMOUNT IN EXCESS OF $5.00.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSIONS OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Links to Other Web Sites
The www.pollenrelief.com web site may contain links (hyperlinks) to internet sites that are not maintained by or under the control of www.pollenrelief.com. www.pollenrelief.com provides these links only as a convenience and is not responsible for the content of those sites. Access such sites at your own risk. In addition, the appearance of a link does not imply www.pollenrelief.com that endorses the web site. You acknowledge and agree that R.E.P. Industries will not be held responsible for the legality, accuracy, or inappropriate nature of any Content, advertising, products, services, or information located on or through the linked web site, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such Content.
Modifications to Agreement
You agree to indemnify, defend, and hold harmless, R.E.P. Industries, its respective suppliers, licensors, officers, directors, representatives, contractors, employees, agents, and content providers from and against any and all claims (including, but not limited to, claims for product liability, defamation, trade disparagement, privacy and intellectual property infringement), and damages, losses, costs, (including but not limited to attorneys' fees and other court costs), or other expenses that arise directly or indirectly out of or from: (a) your use of www.pollenrelief.com's web site, or any services related to the web site; (b) any allegation that any Content or information that you submit to us or transmit to the web site or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and (c) any violation of this Agreement by you.
This web site is controlled and operated by R.E.P. Industries located in Montgomery County, Pennsylvania, United States of America. As such, this Agreement will be governed and construed in the courts with the laws of the Commonwealth of Pennsylvania and, to the extent applicable, of the United States of America, without giving effect to any conflict of laws provisions. You hereby submit, through use of the web site to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania and any United States courts located within its jurisdiction for purposes of any and all litigation arising out of the use of this web site, more particularly, the Court of Common Pleas of Montgomery County or the United States District Court for the Eastern District of Pennsylvania. You waive any objections to the forum of Pennsylvania for lack of venue, forum non conveniens, or any other jurisdictional ground.
R.E.P. Industries does not represent or warrant that Materials or Content on the web site are appropriate or available for use in other locations and access to them from territories where the Content is illegal or prohibited. If you choose to access this web site from any other locations, you do so at your own risk and are responsible for compliance with any and all local laws.
If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This Agreement contains the entire Agreement between you and R.E.P. Industries concerning your use of the web site.
You agree not to resell or assign your rights or obligations under this Agreement. You also agree not to make any unauthorized commercial use of the web site.
No waiver of any term of this Agreement will be deemed a further or continuing waiver of such other term.
Contact information: please call or e-mail us at 800-426-3527 or firstname.lastname@example.org.