Access; Sales of Product. Access to or use of this Site or the Content may be conditioned, limited, suspended, or terminated in whole or in part by Company at any time without advance notice and for any reason whatsoever. Company may also condition, limit, suspend, or terminate any functionality of this Site at any time without advance notice and for any reason whatsoever.
Company shall have the right to refuse any order placed by you for Company’s products, limit or cancel any orders placed by you for Company’s products, or otherwise restrict any orders placed by you for Company’s products in Company’s sole discretion. The foregoing may apply to orders for Company’s products placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Company changes or cancels your order, Company may attempt to notify you at the mailing, billing, or email address associated with your account, or by telephone.
You may not directly or indirectly resell Company’s product without Company’s prior informed and written consent.
Any products purchased through this Site or from Company shall also be subject to the Refund Policy posted at www.kerobh.com/pages/refund-policy.
Prices; Taxes. The prices of Company’s product reflected on the Site are subject to change in Company’s sole discretion at any time. You shall be solely responsible for all prices, sales and use taxes, VAT taxes, and any other assessments applicable to your purchases of Company’s products. Taxes shall be charged based on the aggregate purchase price of the product you order and your location or Company’s location.
Content. All content, code, forms, processes, product pricing and information posted to and comprising this Site, including, but not limited to, all graphics, images, photographs, videos, audio, digital downloads, data compilations, and text, and the “look and feel” of this Site (e.g., color combinations, button shapes, layout, and all other graphical and navigational elements used in this Site) (collectively, the “Content”), are the exclusive, proprietary, and confidential property of Company. In the event Company authorizes you to post any content to this Site, you hereby represent and warrant that such content is your own original work of authorship, free of any third-party interest, and grant to Company an unlimited, world-wide, royalty-free, nonexclusive, irrevocable, and perpetual right to use, publish, copy, distribute, and make derivative works of such content. Any reliance by you on the Content shall be at your sole risk. Company reserves the right to change the Content at any time in its sole discretion. Prices of the product are subject to change without notice.
Username and User Password. In the event you create an account with Company, you must provide accurate and complete information. If you provide any information that is untrue, inaccurate, or incomplete, or Company has reasonable grounds to suspect you of the foregoing, Company may suspend or terminate your account and access to the Site. You shall be solely responsible for maintaining the confidentiality and security of any username and password elected by or assigned to you, and you may not assign, transfer, or sublicense your rights as a registered user of the Site. Company shall hold you responsible for any and all activities which occur under your user account and not directed by Company. You may not register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Site. Any unauthorized use of your username or password should be reported immediately to Company.
Arbitration. At Company’s election, any dispute arising from this Agreement or your use of this Site or any of the Content may be resolved by final and binding arbitration under the rules of the American Arbitration Association, to be held in Baltimore, Maryland, at any time before suit is filed with a court of competent jurisdiction.
Indemnification. By using this Site you agree to indemnify and hold harmless Company and Shopify, Inc., and their respective directors, employees, agents, and representatives, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising out of or resulting from your order or purchase of Company’s products, use of this Site, the platform and software comprising the Site, or any of the Content or from your breach of this Agreement. If you cause a technical disruption of this Site or the systems transmitting this Site, you hereby agree that you will be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, expert fees, and court costs, incurred by Company or any third party and arising out of or resulting from that disruption. Company reserves the right to assume exclusive defense and control of any matter subject to this indemnification provision and you shall cooperate with Company in the defense of such matter.
Warranty; Limitation of Liability. COMPANY’S PRODUCTS, THIS SITE, AND ALL CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, ERROR-FREE OPERATION, ACCURACY, CORRECTNESS, OR RELIABILITY, FREEDOM FROM MALWARE, OR COMPATABILITY WITH ANY HARDWARE OR APPLICATION. UNDER NO CIRCUMSTANCES SHALL COMPANY BE RESPONSIBLE FOR THE ACTS OR OMISSIONS OF YOU OR ANY THIRD PARTY. WITHOUT LIMITING THE FOREGOING, AND NOTWITHSTANDING ANY CONTRARY PROVISION OF THE REFUND POLICY, COMPANY SHALL NOT BE RESPONSIBLE FOR PRODUCT DELIVERED TO INCORRECT ADDRESSES PROVIDED BY YOU OR ANY THIRD PARTY, UNSUCCESSFUL DELIVERIES ARISING FROM THE RECIPIENT NOT BEING PRESENT AT THE TIME OF DELIVERY AT THE ADDRESSED SUPPLIED BY YOU OR ANY THIRD PARTY, DECREASED PRODUCT QUALITY DUE TO AN INCORRECT DELIVERY ADDRESS OR A RE-ROUTE REQUESTED BY YOU, OR PRODUCT QUALITY PROBLEMS CAUSED BY IMPROPER HANDLING BY THE RECIPIENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, SHALL BE LIABLE FOR ANY INJURY OR DAMAGE INCURRRED BY YOU OR ANY THIRD PARTY THAT ARISES FROM OR IS RELATED TO YOUR ORDER, PURCHASE, DISTRIBUTION, OR CONSUMPTION OF ANY OF COMPANY’S PRODUCTS, ANY USE OF THIS SITE OR CONTENT, OR ANY LINK TO OR USE OF ANY THIRD-PARTY WEBSITE OR PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST REVENUE, PROFITS, OR BUSINESS, OR PUNITIVE OR SPECIAL DAMAGES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IF ANY OF THE FOREGOING LIMITATIONS OF LIABILITY, OR THE EXCLUSION OF WARRANTIES SET FORTH ABOVE, IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN YOU HEREBY EXPRESSLY AGREE THAT THE MAXIMUM LIABILITY THAT COMPANY SHALL HAVE FOR ANY AND ALL INJURIES INCURRED BY YOU OR ANY THIRD PARTY TO WHOM YOU OWE AN OBLIGATION, INCLUSIVE OF COSTS AND EXPENSES, SHALL NOT EXCEED A TOTAL AMOUNT OF ONE HUNDRED DOLLARS (U.S. $100.00) IN THE AGGREGATE.
How to Contact Company:
By email: email@example.com
By telephone: 410-337-7378
By mail: Relivate, Inc., 2318 Todd Lane, Eldersburg, Maryland 21784, Attn: General Counsel