Terms of Use

TERMS OF USE

 

THE FOLLOWING TERMS OF USE SHOULD BE READ CAREFULLY BEFORE USING THIS WEBSITE, AND SHALL APPLY TO ALL VISITORS OF THIS WEBSITE, BROWSERS OF THIS WEBSITE, USERS OF THIS WEBSITE, THIRD-PARTY PROVIDERS, VENDORS, MERCHANTS, AND CONTRIBUTORS OF CONTENT.  BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE THROUGH HYPERLINK.

 

Ownership.  This website, otherwise known as www.kerobh.com (this “Site”), and all associated webpages, domain names, infrastructure, and intellectual property rights currently or hereafter comprising this Site are owned exclusively or licensed by Relivate, Inc., a Maryland corporation (“Company”), except where otherwise noted.  Company reserves the right to assign its rights or delegate one or more of its obligations under these Terms of Use to any third party at any time without advance notice.

 

Use.  Use of this Site shall be lawful at all times and subject to the following terms and conditions (this “Agreement”) and the privacy policy posted at www.kerobh.com/pages/privacy-policy (the “Privacy Policy”). This Agreement does not alter the terms or conditions of any other agreement between you and Company.  In the event you disagree with any term or condition of this Agreement, the Refund Policy (defined below), or the Privacy Policy, you should immediately discontinue use of this Site. It is your responsibility to periodically review this Site to ensure your awareness of Company’s then current terms and conditions concerning the use of this Site or the Content (defined below).  You acknowledge and agree that your use of this Site is done at your own discretion and risk.

 

By opening an account or otherwise ordering Company’s product through the site, you and/or your parent or guardian, as well as any third party to whom you grant account access, acknowledge and agree that (1) you (they) have read these terms of use; (2) you (they) understand all of these terms of use; (3) you are bound by the terms and conditions of these terms of use; and (4) you (they) may receive, without further notice, communications from company related to the company’s products.  If you (they) do not agree to the foregoing, you do not have a license to, and will not use, the site.

 

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.

 

Prohibited Conduct.  You may not directly or indirectly (i) disassemble, decompile, reverse engineer, or create derivative works of the Content, this Site, or any Company product, (ii) reproduce, make derivative works from, publicly display, publish, or distribute any part of the Content (except, however, you may download and save a copy of this Agreement, the Refund, Policy, and the Privacy Policy strictly for the purpose of informing yourself of their terms), (iii) remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend applicable to Company’s products, the Content, or this Site, (iv) exploit for any purpose Company’s products, this Site, or the Content, in whole or in part, without the express written consent of Company, (v) systematically track any visitor or user of this Site, or extract, collect, or harvest through electronic means or otherwise (e.g., without limitation, robots and spiders) any data or data fields from this Site, (vi) place into HTML documents or web pages a hypertext link to this Site without the express written permission of Company, or (vii) use Company’s products, this Site, any functionality thereof, or any of the Content for any purpose that infringes the rights of Company or others, threatens, harasses, deceives, or is abusive or defamatory of Company or others, causes or introduces one or more viruses or malware to this Site, or violates the terms of this Agreement or applicable law.

 

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. 

 

Links to Other Sites.  This Site may contain one or more hypertext links to third-party websites.  These links are provided solely as a convenience and do not constitute an endorsement of the content or availability of such third-party websites or the product or services of the third party.  You acknowledge and agree that the third-party website may not comply with Company’s Privacy Policy and may violate intellectual property rights, privacy rights, or publicity rights of third parties. You further acknowledge and agree that Company has no control over third-party websites or their content, products or services, and you shall not hold Company responsible for any injury or damage resulting from them.  You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

 

Choice of Law; Jurisdiction.  This Agreement, the Refund Policy, and the Privacy Policy, and your use of this Site and the Content, shall be governed by the laws of the State of Maryland without regard to its conflict of laws principles.  By using this Site or the Content, to the extent permitted by applicable law, you hereby irrevocably consent to the personal and subject matter jurisdiction of the courts located in Baltimore City, Maryland for any action arising out of or relating to this Agreement, the Refund Policy, and the Privacy Policy, or your use of this Site or any of the Content.  You hereby recognize that it is impractical, if not impossible, for Company to have knowledge of all laws applicable to the Site and therefore agree that the foregoing choice of law and jurisdiction provision is reasonable and shall not be later challenged.  If your use of this Site or any of the Content violates the laws of the place where they are accessed by you, or where you reside, you should immediately cease and desist all such use and inform Company.  You shall be solely responsible for informing yourself of all laws applicable to your use of this Site and the Content.

 

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.

 

Amendments. Company reserves the right to amend and/or restate this Agreement, the Refund Policy, and the Privacy Policy at any time, without advance notice, and for any reason whatsoever.  All amendments or restatements of the foregoing shall become effective immediately upon their posting to this Site unless otherwise expressly noted.  Should you use this Site following the posting of any amendments or restatements, such use shall be deemed conclusive evidence of your acceptance of all posted amendments and restatements.

 

Miscellaneous.  This Agreement constitutes a contract between you and Company.  Should any provision in this Agreement, the Refund Policy, or the Privacy Policy be found invalid or unenforceable for any reason by a court of competent jurisdiction (or arbitrator, if arbitration is elected by Company), that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provision.  Any claim or dispute by you arising out of or related to this Agreement or the use of this Site or the Content must be filed within one year after it arises or it shall be permanently barred.  Your rights and obligations under this Agreement may not be assigned or delegated, in whole or in part, without Company’s written consent.  The English language version of this Agreement, the Refund Policy, and the Privacy Policy shall be deemed the only official version of each of them.

 

How to Contact Company:

By email:  info@relivate.com

By telephone: 410-337-7378

By mail:  Relivate, Inc., 2318 Todd Lane, Eldersburg, Maryland 21784, Attn:  General Counsel