2. Use of Content on Website
The Website is owned and operated by RL International. The contents of this Website, including without limitation the text, graphics, images, audio, and video, as well as any product descriptions, pricing, and product reviews (“Content”) constitute proprietary information and property and are protected by United States copyright and/or trademark law, as well as applicable foreign laws. Such Content is owned by or is licensed to RL International.
RL International hereby grants you permission to use the Website and its Content, provided that (i)your use is solely for your personal, noncommercial use (other than purchasing products featured on the Website); (ii) you do not modify or sell the Content; and (iii) you do not reproduce, display, publicly perform, distribute, or otherwise use the Content for any public or commercial purpose, including the use of the Content on any other website. You may distribute the Content via the “Send To A Friend” button on the Website.
If you violate any of these terms, your permission to use the Content automatically terminates.
3. Website is Solely an Online Marketplace
The Website provides a comparison shopping service to assist its users to find and/or purchase products from third party sellers. RL International may receive a fee from third party sellers for the listing and/or sale of any products featured on the Website. However, RL International does not sell the products featured on the Website and is not acting as an agent or broker of any third party seller. Accordingly, the Website acts only as an online marketplace, and RL International is not and will not be a party to any agreement you make with any third party seller regarding any purchase of any product(s) featured on the Website. RL International does not warrant that any prices, shipping costs, taxes, products, or descriptions is accurate, complete, or reliable. You should direct any questions, complaints, or claims related to any product to the appropriate third party seller.
4. Reviews and Ratings
Through the Website, you may submit reviews of third party sellers to describe your shopping experience and/or to assist other users in evaluating such third party sellers. You may submit such reviews provided that (i) you submit the review in good faith, and (ii) you have actually purchased products from the third party seller. RL International may impose reasonable restrictions on any such reviews and may establish rules to ensure that such reviews are legitimate and appropriate. To the extent you rely on any reviews on the Website, you understand that the reviews are submitted by other users of the Website and that RL International disclaims any and all responsibility for the content or accuracy of such reviews.
5. User Submitted Content
You warrant that you own all intellectual property rights in any content you submit to the Website or that you have the appropriate license rights from the owner to submit such content. By submitting content to the Website, you grant RL International a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, publish, translate, create derivative works, and distribute such submitted content.
6. Links to Other Sites
The Website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by RL International of the contents, products, services, or business practices of such third party websites. RL International is not responsible for the content, products, services, or business practices of linked third party websites and does not make any representations regarding the content, products, services, or business practices of such third party websites. If you decide to access and/or use linked third party websites, you do so at your own risk. You are responsible for taking precautions as necessary to protect yourself and your computer system from viruses, worms, Trojan horses, and other harmful or destructive content.
7. Disclaimer of Warranties
THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RL INTERNATIONAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. RL INTERNATIONAL DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RL INTERNATIONAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING (I) THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR (II) ANY PRODUCTS LISTED ON THE WEBSITE AND PURCHASED FROM YOU FROM ANY THIRD PARTY SELLER. YOU assume all risk for any damage to your computer system or loss of data that results from USE OF the website, including any damages resulting from computer viruses. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Limitation of Liability
NEITHER RL INTERNATIONAL NOR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY SERVICES OR MATERIALS PROVIDED THROUGH THE WEBSITE.
THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION (WHETHER BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE) AND EVEN IF RL INTERNATIONAL HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
THE FOREGOING LIMITATION APPLIES TO ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY SERVICES OF MATERIALS PROVIDED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO: (I)ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED THROUGH THE WEBSITE.
To the extent that any jurisdiction does not allow the exclusion or limitation of incidental or consequential damages, the above limitation shall apply to the extent permissible under applicable law.
RL INTERNATIONAL’AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO $10.
You shall cooperate as fully as reasonably required in the defense of any claim. RL International reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of RL International without RL International’s prior written approval.
In any event, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
13. Governing Law
14. IP Ownership and Notices
RL International disclaims any liability for any third party content submitted to, or posted on, the Website. If you believe that any materials on the Website infringe your copyright, trademark, or other intellectual property right, please send a written notification of your claim to RL International’s legal counsel:
Owens Tarabichi LLP
111 W. Saint John St.
San Jose, California 95113
To provide effective notification, please provide the following information:
(i) An electronic or physical signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly being infringed;
(ii) A description of the copyrighted work, trademark, or other intellectual property right that is allegedly being infringed;
(iii) The location of the allegedly infringing material on the Website;
(iv) Your name, address, email address, and telephone number;
(v) The following statement: “I have a good faith believe that the use of the material is not authorized by the intellectual property owner”; and
(vi) A statement under penalty of perjury that the information in the notification is accurate and that you are the owner of the intellectual property right or that you are authorized to act on behalf of the intellectual property right owner.