You must accept the Terms, in full, before using the Website. You can accept the Terms in two ways:
(1) by clicking to “accept” or “agree” to the Terms, where this option is presented or made available to you on the Website; or
(2) by actually using the Website.
BY USING THE WEBSITE, YOU AGREE TO THE TERMS, IN FULL. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE WEBSITE.
Except as otherwise provided, the Terms are subject to change at any time without notice. Your continued use of the Website after any changes have been implemented constitutes acceptance by you of such change(s).
By accepting these Terms, you hereby consent to
Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Nonetheless, we employ Secure Socket Layer (SSL) encryption technology and other reasonable measures to protect your information from unauthorized use or disclosure.
SECTION 3. TRADEMARK & CONTENT OWNERSHIP
This Website is owned and controlled by Rhys Eller LLC. All materials on this Website, including text, images, information, video clips, content, computer code, and other materials, including copyrights and trademarks (collectively the “Website Content”) are owned, controlled, and/or licensed by the Company, unless otherwise agreed in writing.
The Website and Website Content are intended solely for personal, non-commercial use. You may download or copy the Website Content and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded or copied Website Content is transferred to you as a result of any such downloading or copying.
You may not reproduce (except as noted above), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use any of the Website Content or the Website for any public or commercial purpose.
Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of the Company and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of third parties.
Nothing contained on any Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on such Website.
SECTION 4. USE OF THIS WEBSITE
You may use this Website only as permitted by the Terms and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States.
You agree not to use any “robot”, “bot”, or other device, software, program, code, algorithm or methodology, whether automatic or manual, to access, copy or monitor any portion of this Website or Content.
You agree not to reproduce or circumvent the navigational structure or presentation of the Website or Website Content, in any way.
You agree not to obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Website.
We reserve the right to take measures to prevent any such activity.
You agree not to gain or attempt to gain unauthorized access to any portion or feature of the Website, or any other system or network connected to the Website or to any of our business partners’ servers, systems or networks, by hacking, password-mining, password guessing, social engineering, or using any other illegitimate method of accessing data.
You agree not to probe, scan or test the vulnerability of this Website or any network connected to this Website.
You agree not to breach the security or authentication measures on this Website or any network connected to this Website.
You agree to not reverse look-up, trace or seek to trace any information on any other visitor to any Website, or any other customer of “The Company”, including any shopping account that is not held by you, in any way where the purpose is to discover materials or information, including but not limited to Personal Information or other information that reasonably could be used to connect non-Personal Information to Personal Information.
You agree not to take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack.
You agree not to use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of the Website or any transaction occurring on the Website, or with any other person’s use of the Website.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You agree not to impersonate or pretend that you are any other person or falsely claim you represent another person.
You may use this Website for the purposes of viewing or shopping for products sold or promoted by the Company or it’s Affiliates, or to use other features and services purposely provided by the Company on this Website.
SECTION 5. USER COMMUNICATIONS
While we appreciate your suggestions and comments on how to improve this Website, our products, and our services, it is the Company’s policy to not accept any creative ideas, suggestions, proposals, plans or materials not specifically requested by us.
You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes.
You agree that the Company shall be under no obligation
(1) to maintain any User Communication in confidence;
(2) to pay compensation for any User Communication; or
(3) to monitor, use, return, review or respond to any User Communication.
We will have no liability related to the content of any User Communication, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
We retain the right to remove any User Communication that includes any material we deem inappropriate or unacceptable.
You represent and warrant that any of the Content you submit (“User Content”) in any User Communication is original to you, that you own all applicable legal rights in the User Content, and that the User Content does not and will not infringe upon the rights of any other person or entity.
You warrant, certify and represent that any individuals depicted in audio or visual files submitted as part of a User Communication, other than yourself, are of the age of majority in their respective states of residence, subject to the next paragraph; and you grant the right to Rhys Eller LLC, the right to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals and that you have the authority to attest to this release on their behalves.
If any of the individuals depicted in any User Communication are minors in their respective states of residence, you certify, warrant and represent that you are the parent or legal custodian of each such individual and you grant the use of the media containing his/her depiction in accordance with the Terms.
In addition to the User Content Rules set forth, you are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
SECTION 8. ACCOUNT SECURITY
You agree to notify ResellFL.com immediately of any actual or potential unauthorized use of your account or password, or any other actual or potential breach of security. However, you may be held liable for losses incurred by this Website or any other user of or visitor to any of our Website due to someone else using your Account ID, password or account.
You may not use anyone else’s Account ID, password or account at any time without the express permission and consent of the holder of that Account ID, password or account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
SECTION 9. PRODUCTS AND SALES
In describing and portraying our products on our Website, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other Website Content is accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice.
If a product offered on the Website is not as described, your sole remedy is to return it to us. Please see our Return Policy for details or contact our Customer Service team.
We have made every effort to display as accurately as possible the colors of our products that appear at the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate, complete, reliable or error-free.
When you place an order on this Website, we will ship your order to the address designated by you as long as that shipping address is within the United States and compliant with the shipping restrictions set out on this Website.
We may require verification of information prior to the acceptance and/or shipment of any order.
We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
RISK OF LOSS
All items purchased on this Website are made pursuant to a shipping contract. The risk of loss for all items purchased passes to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
SECTION 10. LINKS
LINKS TO OUR WEBSITE
Creating or maintaining any link from another website to any page on our Website without our prior written permission is prohibited. Running or displaying the Website or any Website Content in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Website must comply with all applicable federal and state laws, statutes, rules and regulations.
THIRD PARTY LINKS ON OUR WEBSITE
From time to time, the Website may contain links to other websites that are not owned, operated or controlled by the Company. All such links are provided solely as a convenience to you. If you use these links, you will leave our Website and we cannot be responsible for any content, materials, information or events that are present on or that occur on websites that are not owned, operated or controlled by Rhys Eller.
SECTION 11. WEBSITE CHANGES
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Website or any service, content, feature or product offered through the Website, with or without notice; charge fees in connection with the use of the Website; modify and/or waive any fees charged in connection with the Website; and/or offer or cancel opportunities to some or all users of the Website. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to our Website.
SECTION 12. DISCLAIMERS; LIMITATIONS ON LIABILITY; INDEMNITY
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Rhys Eller does not assume any responsibility for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website.
IN NO EVENT WILL RHYS ELLER LLC NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of
- (i) the amount paid by you for your use of the Website during the prior twelve (12) months or
- (ii) ten dollars ($10).
You agree to defend, indemnify and hold harmless the Company, this Website, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
- (i) any breach by you of any of these Terms,
- (ii) your User Communications and User Content ,
- (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by Rhys Eller LLC) or
- (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
SECTION 13. GOVERNING LAW; SEVERABILITY; WAIVER; DISPUTE RESOLUTION
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws, statutes, rules and regulations (including minimum age requirements) related to the use of our Website.
Any dispute arising out of, or relating to, the use of the Website will be governed by and construed in accordance with the laws of the State of Florida without regard to any principles of conflicts of law.
If any part of the Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of the Terms.
Any failure by us to partially or fully exercise any rights or the waiver of any breach of the Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of the Terms. Our rights and remedies under the Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Any claim arising out of, or relating to, the Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
In the event of any controversy or dispute between the Company and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then the parties shall be free to pursue any right or remedy available to them under applicable law in the courts located in Palm Beach County, Florida, subject to the agreement to arbitrate claims set forth below.
SECTION 14. ARBITRATION AGREEMENT
By accessing or using the Website, you agree that any and all disputes you may have with, or claims you may have against Rhys Eller or its affiliates relating to, arising out of or connected in any way with
- (a) the Website,
- (b) these Terms, or
- (c) the determination of the scope or applicability of the agreement to arbitrate in this Section 14 (a “Claim”),
will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”).
The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Rhys Eller will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and Rhys Eller also have the right to bring qualifying claims in small claims court.
In addition, you and Rhys Eller retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor Rhys Eller may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Rhys Eller individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR RHYS ELLER LLC WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Terms will survive the termination of your relationship with Rhys Eller LLC.
SECTION 15. ADDITIONAL ASSISTANCE
If you have any questions or concerns about the Terms, please contact us here; or write to us at:
Rhys Eller LLC
1730 S Federal Hwy # 164
Delray Beach, FL 33483
Please be assured that any Personal Information that you provide in communications to the above postal address will not be used to send you promotional materials.