TERMS OF SERVICE
Last updated July 19, 2022
1. RESTRICTIONS ON ACCESS AND CERTAIN DEFINITIONS.
The words "use" or "using" in this Agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, receive data from the Site, or in any way utilizes, benefits, takes advantage of, requests e-commerce orders or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any links on the Site that may direct your browser or your Internet connection to third party Web sites or Web pages.
USE OF THE SITE.
OWNERSHIP AND PROPRIETARY RIGHTS.
© 2022 Revogreen Inc – All Rights Reserved.
The Site, including all content, media and materials, all software, code, design, text, images, media files, artwork, graphic material, articles, databases, proprietary information, writings, video recordings, audio-visual works and recordings, likenesses, computer graphics and visual effects, as well as any accompanying documentation or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, format or form, now known or hereinafter developed or discovered, in black-and-white or in colors, alone or in conjunction with other works, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as "Content"), are the property of Revogreen and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors. All Content on the Site is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. As such, you should assume that all Content contained in the Site is either the copyrighted property of Revogreen, unless otherwise noted, or are the copyrighted property of third parties.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively "Marks") on or about the Site, including, without limitation, "Revogreen” and or our slogan “Nutrition You Can Feel” and stylized logo are the trademarks and intellectual property of and proprietary to Revogreen. You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express, prior, written consent of Revogreen.
LICENSE AND SITE ACCESS
Revogreen authorizes you to access Content and grants you the limited right and license to use the Site solely for your non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable and limited personal use and for no other purpose whatsoever. You may download one single hard copy of Content displayed on the Site for non-commercial, personal use only. You must not alter, delete or conceal any copyright or other legal notices contained on the Site, including notices on any Content you display, print or reproduce from the Site. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party Web site) or otherwise use, any Content without the express prior written consent of Revogreen.
This license does not include any resale or commercial use of the Site or its Content; any collection and use of any Product listings, descriptions, or prices; any derivative use of the Site or its Content; any downloading or copying of membership information for the benefit of another merchant; or any use of data mining, Web scraper, spider, robots, or similar data gathering and extraction tools. The Site or any portion of thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Revogreen. You may not frame or utilize framing techniques to enclose any Marks or Content (including page layout, or form) on the Site without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Revogreen’s Marks without our express written consent. Any unauthorized use terminates the permission or license granted by Revogreen.
As an express condition of your use of the Site, you warrant to us that you will not use the Site for any unlawful purpose or purpose prohibited by this Agreement or the laws or regulations in the jurisdiction in which you live or reside. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. Revogreen makes no representation that any Content is legal or appropriate for use outside of the United States of America or that it is authorized for export from the United States of America or for import into any foreign country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States of America from which you may access the Site.
6. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others, and we ask you to do the same. Accordingly, Revogreen has adopted the following Intellectual Property Compliance Policy. If you or any user of the Site believes its copyright, trademark, or other property rights (“IP Rights”) have been infringed, the IP Rights owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
a. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
b. Identification of the IP Rights claimed to have been infringed;
c. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
d. Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;
e. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
President & CEO
On notice, we will act expeditiously to review and if necessary to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to infringe repeatedly the intellectual property rights of others. Any such removal will be without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of copyrights, both our own and others, very seriously.
SHOPPING & E-COMMERCE
The Site may offer various goods and services for sale (collectively “Products”), or direct or link to other Web sites that sell goods and services. In order to place an order through the Site for Products, you must be at least 18 years-of-age or older or have reached the age of majority in the jurisdiction in which you live or reside. By placing such an order for Products, you represent and warrant that you are at least 18 years-of-age or older or have reached the age of majority in the jurisdiction in which you live or reside. Products are subject to availability and we reserve the right: (i) to impose quantity limits on any order, (ii) to reject all or part of an order and (iii) to discontinue Products without notice, even if you have already placed your order. The inclusion of any Products on the Site at a particular time does not imply or warrant that these Products will be available at all times.
All Product prices are shown in U.S. dollars, and are valid and effective for all Products ordered through the Site on the day they are ordered. All prices are subject to change without notice. With respect to Products sold by Revogreen, we cannot confirm the price of such Product until you order; however, we do NOT charge your credit card until after your order has entered the shipping process.
Subject to Section 12 below, all Products offered for sale through the Site are warranted by Revogreen or the specific manufacturer, licensor or distributor. If you are unsatisfied with any Product produced by Revogreen, then you may return the unused portion of the Product within 15 days of the purchase date and receive a refund of 100% of the purchase price. In order to qualify for this refund, you must send us an email message first to receive return instructions.
If you are unsatisfied with any Product not produced by Revogreen, you must communicate with the specific manufacturer, licensor or distributor of the Products. We have no responsibility or liability whatsoever for Products you may obtain from or through other Web sites or Web pages, even if you were directed or linked to such a Website or Web page through the Site. You agree that your sole and exclusive remedy for Products not produced by Revogreen lies with the specific manufacturer, licensor or distributor of the Products and not Revogreen. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS NOT PRODUCED BY REVOGREEN. EXCEPT AS SPECIFICALLY SET FORTH HEREIN IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product, and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. All orders must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval. Products on the Site are offered for sale only to end user customers and not for resale. We do not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site. If an order consists of multiple items, they may be shipped separately depending on availability. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other Web sites or Web pages, even if you were directed or linked to such a site or page through the Site. You agree to indemnify, defend and hold Revogreen, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from your failure to pay any taxes to the proper governmental authorities.
When an order for Products is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for Products purchased from the Site pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
8. ACCURACY OF INFORMATION & PRODUCT DESCRIPTIONS
We try to assure the accuracy of all information displayed on the Site, but it is possible that the information contains errors, inaccuracies, or omissions. In particular, with respect to Product information, we have tried to accurately describe such information. Despite our best efforts, some of such information may contain errors. We are not liable for any harm caused or related to any such errors.
With respect to Products offered on the Site, we have tried to accurately display colors, but depending on the specifications and settings of your computer and its monitor, the colors you see might not accurately depict the actual colors of the Product. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. In addition, due to typical and very common manufacturing inconsistencies, Product weights and measurements can vary slightly from the specific information set forth on the Site. Minor Product variations in color, weights and measurements will not be considered as resulting in Products being deemed defective.
Despite our best efforts, a small number of the Products on the Site may be mispriced. If a Product sold on the Site is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your credit or debit card account has been charged (in which event we will issue a credit to your account in the amount of the charge). Please note that this policy applies only to Products sold and shipped by Revogreen. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
9. HYPERLINKS TO THIRD PARTY SITES.
10. EMAIL .
Email is an important communications channel for the Site and Revogreen. All email sent to us should be generated by the person in whose name the email account is registered. Email users shall not mask their identity by using a false name or another person's name or account. We will use your email address and the content of any email for administrative and correspondence purposes and to send you information that you may request.
Any non-personal content you provide to the Site by email, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like (collectively “Information”), shall be deemed to be non-confidential and we assume no obligation to protect such Information from disclosure. You understand, acknowledge, and agree that if you submit any such Information to us, it shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Revogreen, this Site and our corporate affiliates, for any purpose whatever, and we shall be free to reproduce, use, disclose and distribute such Information without restriction. Accordingly, you hereby expressly waive any and all right, title and interest in Information that you provide to us.
11. RULES OF CONDUCT.
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID. You shall not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:
∙ be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
∙ affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
∙ send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
∙ transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
∙ forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
∙ violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States of America), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
∙ gain unauthorized access to the Site, other users' accounts, names, User IDs, personally identifiable information or other computers, Web sites or Web pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
∙ modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or
∙ collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
You agree to indemnify, defend and hold Revogreen, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all third party claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or resulting from your use of the Site or any content you provide, submit or make available on or through the Site or your unauthorized use of any Content. Revogreen reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Revogreen in the defense of any such claim, action, settlement or compromise negotiations, as requested by Revogreen.
12. DISCLAIMER AND LIMITATIONS OF LIABILITY.
THE SITE AND ALL MATERIALS, AND PRODUCTS THEREON ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, Revogreen is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SITE, REVOGREEN OR, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
13. ADS AND MALWARE.
We take great care and pride in creating the Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see the Site -- and that is totally beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the Site and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.
14. INTERNATIONAL USE.
Although the Site may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and risk, and are responsible for compliance with all local laws. Any offer for any Product and/or information made in connection with the Site is void where prohibited.
15. MISCELLANEOUS TERMS.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
This Agreement and your use of the Site shall be governed by, construed and enforced in accordance with the substantive laws of the State of Texas, USA applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Texas and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that Revogreen has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, TO THE MAXIMUM EXTENT OF THE LAW, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Where text requires, words in the singular shall be deemed to include the plural and vice-versa, and words of any gender shall be deemed to include all genders.