Policies and Terms of Conditions

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITES, PRODUCTS OR SERVICES.

BY USING THE SITES OR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, THEN YOU CANNOT USE THE SITES, PRODUCTS OR SERVICES.

The following Policies and Terms of Conditions ("Terms" or "Agreement") are designed to ensure your understanding of the use of this Site and the purchase process of re:REVIVE products through RS Holdings, LLC ("RS Holdings") of the United States. The Terms govern your use of https://www.rerevivetrial.com (the "Site") and your purchase of any skincare product listed on this Site. By using or visiting this Site, or purchasing any skincare products from this Site, you expressly agree to abide and be bound by and follow these Terms as well as all applicable laws, ordinances and regulations. You represent that you are legally able to enter into this binding contract. The Terms include the following provisions: You must be 18 years of age or older to place an Order on this Site.

You and RS Holdings agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to our website, any transaction or relationship between us resulting from your use of our website, the purchase, order, installation, or use of RS Holdings's products or services, or communications between us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction.  You and RS Holdings further agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration. You and RS Holdings further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA"), and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate arbitration, RS Holdings will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified RS Holdings in writing and provided a copy of the arbitration proceedings. However, if RS Holdings is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to RS Holdings. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.

There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against RS Holdings and may not preside over any kind of representative or class proceeding against RS Holdings. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR WEBSITE OR PRODUCT, AND RETURN THE PRODUCT (UNOPENED AND UNUSED) FOR A REFUND WITHIN 15 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.

 

This Site offers initial trial periods for all skincare products offered.  All customers are made aware of the RS Holdings Terms of their trial when placing an order.  When you start the trial period, you are automatically enrolled in an Auto-Ship program until you cancel.  Applicable cancellation and non-return fees may apply.

 

Acceptance of Agreement:

Your access to and use of the Site is subject to the following terms and conditions which may be updated by us from time to time without notice to you. You may review the most current version of the terms and conditions at any time by visiting the following Site link here: https://www.rerevivetrial.com/terms.php as well as the Site's posted privacy policy found here: https://www.rerevivetrial.com/privacy.php  By accessing and browsing the Site, you accept and agree to, without limitation or qualification, the terms and conditions and privacy policy and acknowledge that any other agreements between you and RS Holdings are superceded and of no force or effect with respect to your access and use of the Site.

 

Age Requirement:

You must be 18 years or older to use this Site and order any products or services.  The Site will cancel any trials or subscriptions from anyone found to be under 18 years of age.

 

Product Claims:

For more information on our product, claims and the ingredients please visit the Site at https://www.rerevivetrial.com.

 

Seek Medical Advice:

RS Holdings does not provide medical advice and we are not engaged in rendering medical or professional services or advice. The information provided on the Site is not intended to replace medical advice offered by a health care provider. RS Holdings strongly recommends that you promptly consult a physician or professional health care provider prior to use of any product. Neither the product nor the ingredients in the product have been approved or endorsed by the FDA or any regulatory agency.

 

Product Information:

No products advertised on this Site have been approved or cleared by any government regulatory body. You should not construe anything on the Site as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States.

 

Customer Service Phone Number:

Toll free Customer Service telephone number for the RS Holdings is 1-877-808-1296. We are open from 7 AM to 11 PM EST Monday - Friday and 7 AM to 7 PM EST Saturday and Sunday. We are closed on major US holidays: Thanksgiving, Christmas and Easter.

 

Trial Offer and Auto-Ship Enrollment:

RS Holdings will send you a 30-day supply of re:REVIVE upon receiving payment of $4.95 shipping and handling fee. RS Holdings will typically ship the product the day after you place your order (except orders placed Friday through Sunday, which will be shipped the following Monday).  RS Holdings allows four (4) days for you to receive the trial supply and eleven (11) days to try the product. Your trial period therefore expires fifteen (15) days after you place your order.  RS Holdings does not track delivery of the product; therefore, should your order be delayed for any reason, please contact RS Holdings to extend your trial period. Charges will appear on your credit card statement as REREVIVE SKIN RSH.

 

Upon signing up for your 15 Days trial offer, your credit card provided will be charged a one-time shipping and handling fee, which is shown above, for a 30 day supply of re:REVIVE revitalizing moisturizer. If you do not contact customer service at 1-877-808-1296 to terminate your trial enrollment within 15 Days of the date that you enroll in the Program, you will be charged the full price of $89.97 and enrolled in our auto-ship program to receive a new 30-day supply each month for $89.97 (inclusive of S&H). Call to cancel at any time. Unopened product may be returned within 30 days. Your enrollment date is the date that you submit your order for the trial product. All orders are shipped within one business day.

By receiving a trial, consumer agrees to all terms and conditions of the trial, including the limitation of one per household. Any trials found to have been received by a household that exceed one (1) are subject to a subsequent billing at the rate of $89.97. Unauthorized resale of trial products is strictly prohibited. Any individual or entity found to have manipulated RS Holdings's trial offer program for purposes of resale (without proper payment) shall have committed Fraud against the Site.

 

Auto-Ship Procedure:

Unless you cancel before the end of your trial period as specified above (within fifteen (15) days after placing your order), you will automatically be enrolled in RS Holdings's Auto-Ship program and a charge of $89.97 will be applied to your credit card. Every 30 days thereafter, you will continue to be enrolled in the monthly program and charged an additional $89.97 to the credit card maintained on file. You may cancel any time by calling 1-877-808-1296 during the hours of operation stated above. Your request for cancellation will be processed immediately; however, you will be responsible for any charges, billing or shipments that have already been shipped to you or that have already been delivered to you at the time of your cancellation. All requests for cancellation will receive a cancellation confirmation number. Please keep this number for your records. Any future discrepancies resulting from not having a cancellation confirmation number will be at the discretion of RS Holdings.

 

Shipping of Product(s)

Your order will be processed and shipped within one to two (1-2) business days.  Shipping time is estimated to be two to four (2-4) business days from when your order ships from the RS Holdings's fulfillment center. If you experience any delay in the delivery of your product, you may contact the customer care department at 1-877-808-1296 or support@rerevivetrial.com.

 

Route Shipping Insurance:

If Route Shipping Insurance was added to your order, charges will show as a separate transaction on your credit card statement. Route Shipping Insurance is only available through select Route Certified & Trusted Merchants and can be added for $3.97 per item ordered. If you are unable to resolve an eligible issue with an Route Certified & Trusted Merchant, Route Shipping Insurance will provide immediate resolution. Route Shipping Insurance covers the entire purchase amount, including tax and shipping. You have 30 days after placing the order to report an eligible issue, including: Failing to receive item or the correct item; receiving an item that is not in the promised condition; an item not being shipped in a timely manner or received in a timely manner. For additional information, please visit www.routeit.ws.

 

Return Policy for Auto-Ship Deliveries:

To obtain your refund for unopened merchandise received under the auto-ship program, you must call RS Holdings at 1-877-808-1296. You will be given a Return Merchandise Authorization ("RMA") number. To receive your refund, you must postmark your return within thirty (30) days of purchase. Be sure to clearly write the RMA number on the outside of the box. RS Holdings's shipping department does not accept any packages without an RMA number. You will be responsible for paying return shipping.

 

The return package must be addressed to RS Holdings at:

re:REVIVE

P.O. Box 35482

Saint Petersburg, FL 33705

 

RS Holdings will not accept or issue a refund for any packages refused or marked return to sender. If you return a package, RS Holdings recommends you obtain proof of shipment. Upon receipt of your returned product with a valid RMA number, a refund will be issued to your credit card. After the shipping department receives your return, it generally takes one (1) week or less to process your refund. Once a return is processed, it can take up to one billing cycle for this return to be posted to your account, depending on your financial institution.

 

Return Policy-Standard Deliveries:

To return a standard-ordered, unopened product from RS Holdings you must call RS Holdings at 1-877-808-1296 within thirty (30) days of purchase.  You will be given a Return Merchandise Authorization (RMA) number. Be sure to clearly write the return merchandise authorization (RMA) number on the outside of the box. RS Holdings's shipping department does NOT accept any packages without an RMA number. You are responsible to pay for return shipping.

 

Address the return package to:

re:REVIVE

P.O. Box 35482

Saint Petersburg, FL 33705

 

We will not accept any packages refused or marked return to sender. If you return a package, please obtain proof of shipment.

 

Price Reduction Policy:

RS Holdings may at any time choose to lower the prices of its products or services and cannot charge a higher amount after the price has been reduced.  RS Holdings will not provide credits for previous purchases.  However, your auto-renewal price will be decreased for all future shipments.

 

Lost or Non-Delivered Shipments:

All products are expected to arrive to the provided shipping address within two to four (2-4) business days after the product ships. Most packages will ship from the RS Holdings within one (1) business day from the day you place your order. For orders placed on a weekend date, packages will ship out the following Monday, or in the case of a holiday, the following non-holiday business day. If for some reason you do not receive the product after four (4) business days of ordering, then it is recommended to contact customer support at 1-877-808-1296 or by email at support@rerevivetrial.com and request the trial be extended and that the product be reshipped. All orders are shipped with delivery confirmation.  If the order is shown as delivered, RS Holdings considers the product as delivered unless you call to state otherwise before the trial period has ended. There will be no refunds for product claimed to be undelivered if RS Holdings is not notified before the trial period has ended and the package is shown as delivered with delivery confirmation obtained via the US Postal Service.

 

Trial Extensions:

RS Holdings may, at its sole discretion and at any time, choose to extend your trial to give you more time to test the product.  Should RS Holdings extend your trial, you will receive an email notification. You may also request a trial extension by calling RS Holdings any time before the last day of your trial.

 

Changes in Terms and Conditions:

RS Holdings reserves the right, in its sole discretion, to change these Terms at any time. If RS Holdings changes any term or condition, said modification, revision and additional information shall be posted here and shall automatically replace the terms and conditions and become binding on all users of this Site. Your continued use of the Site following RS Holdings's posting of revised Terms constitute your acceptance of the revised agreement.

 

User Submissions:

Any personally identifiable information in electronic communications to the Site is governed by the Site's Privacy Policy which is posted on the Site at https://www.rerevivetrial.com/privacy.html.

 

Advertising Policy:

RS Holdings undertakes its best efforts to make sure that any websites that direct you to this Site are in compliance with standard advertising policies.  These policies place a heavy emphasis on both truth in advertising and on the avoidance of making any false claims.  RS Holdings follows internal audit procedures to verify the content of its Site remains in compliance with these policies. RS Holdings internal audit policies also establish protocol for allowing third party advertisers to advertise for this Site.  RS Holdings audits as many of the third party advertisers that link to this Site as possible.  However, other websites change daily and cannot be reviewed for the totality of the sites that may send you to this Site.  RS Holdings does not control the information, products or services available on these third party websites. The inclusion of any link does not imply RS Holdings endorsement of the applicable website or any association with the website's operators. Because RS Holdings cannot maintain control over such websites and resources, you agree that RS Holdings is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on this Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that RS Holdings shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.  RS Holdings strongly encourages you to alert it if a website is making false claims and linking to its site or product by sending an email to support@rerevivetrial.com.

 

Domestic Use; Export Restriction:

RS Holdings controls the Site from its offices within the United States of America. RS Holdings makes no representation that the Site or its contents (including, without limitation, any products or services available on or through the Site) are appropriate or available for use in other locations. Users who access the Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Site may be downloaded in violation of United States law.

 

Unlawful Activity:

RS Holdings prohibits the use of its site for any unlawful conduct. All users must comply with all local, state, federal and international laws, ordinances and regulations. By using this site, you agree not to use any false personal information or use an invalid or unauthorized credit or debit card. You agree not to use or permit anyone to use information provided through https://www.rerevivetrial.com for any unlawful or unauthorized purpose.

 

Investigations and Consequences:

A buyer who is the subject of a complaint or whom RS Holdings believes may have violated these Terms or applicable law will be subject to investigation by RS Holdings. You agree to cooperate fully in such investigation including, but not limited to, providing any and all information demanded by RS Holdings. RS Holdings reserves the right to take any action without prior notice it deems appropriate in its sole discretion including, but not limited to, canceling orders, issuing a warning, suspending or terminating service, denying access, cancelling transactions, refusing to honor pending or future transactions, or exercise any other remedy available to it (including civil, criminal or injunctive redress) if RS Holdings finds, in its sole discretion, a user: (a) is unwilling to cooperate with any investigation; (b) has engaged in any illegal, unlawful or fraudulent conduct or otherwise violated these Terms or applicable law or has acted in concert with anyone so engaged; or (c) has provided information that RS Holdings is unable to authenticate or verify. You agree that monetary damages may not provide a sufficient remedy to RS Holdings for violations of these Terms and may be difficult to ascertain or calculate and you consent to injunctive or other equitable relief for such violations. RS Holdings reserves the right to report to appropriate law enforcement authorities or other relevant third parties any activity that it believes, in its sole discretion, may in any way violate any local, state, federal or international law.

 

Intellectual Property:

RS Holdings respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached at: support@rerevivetrial.com.

 

No Linking or Framing Permitted:

You may not deep link to portions of the Site.  You may not frame, inline link, or similarly display any of our property, including, without limitation, the Site. You may not use any of our logos or other trademarks as part of a link without express written permission.

 

Ownership:

The site, including all site software, databases, trademarks, logos, service marks, proprietary information and materials (and any intellectual property and other rights relating thereto) ("RS Holdings's Property") is owned or licensed by RS Holdings and will remain the property of the same. You acknowledge and agree that you do not acquire any ownership or licensing rights by using the site. You may not use any of RS Holdings's Property in connection with any product or service that is not offered by RS Holdings in any manner that is likely to cause confusion with RS Holdings's business, or in any manner that disparages RS Holdings. Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any RS Holdings's Property without the express written permission of RS Holdings.

 

The content, organization, graphics, design, compilation, "look and feel" and all RS Holdings Property available on this site, including, without limitation, images and written and other materials (the "Contents"), are intellectual property protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). You are only authorized to visit, view and retain a copy of pages of this site for your own personal use. You may not download, print, copy, reproduce, duplicate, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any of the Content except in the course of viewing the site online for lawful purposes, and in making single copies of selected pages of the site for personal use and not for distribution or posting on any other site. You also agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any Content. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying other than the foregoing license to possess for personal use.

 

User Comments:

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to RS Holdings in connection with your use of the Site will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to RS Holdings of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at RS Holdings cost, execute any documents to effect, record, or perfect such assignment. Thus, RS Holdings will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to RS Holdings if you do not wish to assign such rights to us. RS Holdings is and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.

 

Indemnification:

You agree to indemnify, defend and hold RS Holdings and each of its parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective employees, consultants, agents and other representatives ("Indemnified Parties") harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of any of these Terms; (b) any allegation that any information you submit or transmit to the site infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) any federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of RS Holdings; (d) your acts or omissions in connection with your use of this Site; and (e) any claim brought by a third-party (a "Third Party Claim") against any of the Indemnified Parties in respect of which recovery may be sought under clauses (a) through (d) above.  These indemnification provisions shall survive any termination of this Agreement.

 

DISCLAIMERS AND LIMITATIONS ON LIABILITY:

No Warranty: THE SITE, THE MATERIALS ON THE SITE AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. RS Holdings DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. RS Holdings DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. RS Holdings IS NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

THE SITE PROVIDES DATA FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE SITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.

 

LIMITATION OF LIABILITY:

NEITHER RS Holdings NOR ANY OTHER INDEMNIFIED PARTY ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE MATERIALS ON THE SITE OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT RS Holdings AND ANY OTHER INDEMNIFIED PARTY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER USER TO THE SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF RS Holdings; (III) ANY UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, WORMS, DEFECTS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (V) ANY ERROR, MISTAKE, INACCURACY OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS AVAILABLE THROUGH THE SITE; AND/OR (VI) ANY LOST, STOLEN OR DAMAGED PRODUCTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF RS Holdings, AND ANY OTHER INDEMNIFIED PARTY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


Allocation of Risk:

You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk and that the pricing and other terms and conditions of this agreement reflect such allocation of risk.

 

Disputed Charges:

You are responsible for any and all legal fees incurred by RS Holdings associated with your disputed charges and chargebacks for purchases made on this Site.

 

Modification:

RS Holdings has the right, in its sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice.

 

Access to the Site:

RS Holdings, in its sole discretion, with or without cause, and without prior notice, may terminate your access to the Site.  Following termination, you will not be permitted to use the Site and RS Holdings may, in its discretion, cancel any outstanding Product Orders. If your access to the Site is terminated, RS Holdings reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Site, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. The Terms and Conditions will survive indefinitely unless and until RS Holdings chooses to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Site.

 

Force Majeure:

RS Holdings shall not be deemed in default or otherwise liable under these Terms due to its inability to perform its obligations by reason of any act of God, fire, earthquake, substantial snowstorm, flood, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, any law ordinance or regulation, legal order (unless caused by RS Holdings's default hereunder), any failure or delay of any transportation, power, or communications system or any other similar cause not under RS Holdings's control.

 

Tax:

You are responsible for paying any sales taxes that may be applicable.

 

Integration:

The Terms and conditions herein contain the entire understanding between you and RS Holdings regarding the use of the Site, and supersedes all prior and contemporaneous agreements and understandings between you and RS Holdings relating thereto.

 

Additional Provisions:

No agency, partnership, joint venture or other relationship is intended or created by your use of the Site.

If any provision of these Terms is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.

 

The heading at the beginning of each paragraph is for reference purposes and no way defines the scope or extent of such paragraph.