Last Updated: 7/13/2016
In addition to these Terms, we may ask you to accept additional terms that apply to specific programs, features, products or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to the applicable program, feature, product or service.
We reserve the right to change or revise these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Services, including to purchase Products from us, following the posting of any changes to these Terms, you confirm your acceptance of the revised Terms. If you do not agree to the amended Terms, you must stop using our Services. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access and use the Services and purchase Products from us.
If you have any questions, comments or concerns about these Terms, please contact us at Rena Ware International, Inc. 15885 NE28th Street, Bellevue, WA 98008.
You must be at least 18 years of age and a resident of the United States to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
3. User Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify Rena Ware if you discover or suspect that someone has accessed your account without your permission. You are responsible for all activities that occur in connection with your account and accept all risks of unauthorized access.
4. Terms of Sale
The terms in this Section 4 govern your purchase of Products from Rena Ware.
4.1 Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you permit us (or our third party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.
4.2 Pricing and Availability
Product prices do not include applicable taxes and other charges, unless we clearly state in writing that a price includes applicable taxes. All Products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order, reject all or any part of an order and discontinue our Products without prior notice, even if you have already placed your order. Not all Rena Ware Products are available online; please contact your Rena Ware independent representative for items not sold online. Prices for Products are subject to change at any time, but changes will not affect any order for Products you have already placed.
In the event that a Product you are interested in purchasing is not listed or is listed as “out of stock” on the Product’s information page, it is not currently available for ordering. Please check back at a later time as our Product inventory is subject to change.
You are responsible for any sales, duty or other governmental taxes or fees due with respect to your purchase of Products. We will collect applicable sales tax if we determine that we have a duty to collect sales tax. We will present any taxes that we are required to collect at checkout.
4.4 Shipping; Risk of Loss
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time. Unless we state otherwise, risk of loss or damage passes to you upon delivery of the Products to your specified delivery location.
4.5 Cancelling or Changing an Order
You may cancel or make changes to your order as long as your request is made within three (3) days of completing your purchase. We do not accept returns after this three (3) day period expires. To cancel or change an order, call us at 425-881-6171.
We attempt to be as accurate as possible and to eliminate errors; however, we do not warrant that all Product descriptions, photographs, pricing and other information are accurate, complete, reliable, current or error-free. In the event of an error, whether on the Services, in an order confirmation, in processing an order or delivering a Product, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
5. Communication Preferences
By creating a Rena Ware account, you also consent to receive electronic communications from Rena Ware (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
6. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from such user and Rena Ware;
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Reverse-engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the Services;
- Attempt to circumvent any content-filtering techniques that we employ or attempt to access any feature or area of the Services that you are not authorized to access;
- Develop any third party applications that interact with the Services without our prior written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of site pages or functionality;
- Attempt to probe, scan, or test the vulnerability of any Rena Ware system or network or breach any security or authentication measures;
- Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or
- Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
7. Copyright and Trademark
Our Products and Services, including the text, images, Rena Ware logos, product or service names, slogans and other content, are owned by or licensed to Rena Ware. Except as explicitly stated in these Terms, Rena Ware and our licensors reserve all rights in and to the Products and Services, which includes this content.
8. Access to Our Services
You may access and use our Services only as allowed by these Terms. However, we may suspend or terminate your ability to access and use all or part of our Services at any time and for any reason (or no reason) without notifying you first. We are not responsible for any harm related to your inability to access or use our Services.
9. Modifications to the Services
We reserve the right in our sole discretion to change any and all Services and to modify, suspend or stop providing access to the Services (or any features or functionality of the Services) at any time without notice and without obligation or liability to you.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Rena Ware, our subsidiaries and affiliates, and each of our respective independent representatives, officers, directors, agents, partners, equity holders, future and present employees, vendors, suppliers, contractors, and consultants (individually and collectively, (the “Rena Ware Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (including attorney’s fees), arising out of or related to: (a) your access to, use or misuse of our Products and Services; (b) any Feedback you provide; or (c) your violation of these Terms.
We do not control, endorse or take responsibility for any third-party content available on or linked to by our Services.
THERE ARE IMPORTANT WARNINGS, INSTRUCTIONS AND LIMITED WARRANTIES THAT YOU MUST READ BEFORE USING OUR PRODUCTS (AVAILABLE HERE). BY PURCHASING OR USING OUR PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE READ THE APPLICABLE WARNINGS, INSTRUCTIONS AND LIMITED WARRANTY. WE MAY UPDATE OR REVISE THESE WARNING, INSTRUCTIONS AND LIMITED WARRANTIES FROM TIME TO TIME, SO PLEASE REVIEW THEM PERIODICALLY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US; (B) WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND MATERIALS CONTAINED THEREIN; (C) WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONALITY OF THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT, PHOTOGRAPHY OR VIDEO; AND (E) WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE OUR SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
12. Limitation of Liability
To the fullest extent permitted by applicable law, Rena Ware and the other Rena Ware Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if Rena Ware or the other Rena Ware Parties have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, the total liability of Rena Ware and the other Rena Ware Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to $100 USD.
The limitations set forth in this Section will not limit or exclude liability for (1) the gross negligence, fraud or intentional misconduct of Rena Ware or the other Rena Ware Parties or for any other matters in which liability cannot be excluded or limited under applicable law; and (2) personal injury caused from Products.
13. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Rena Ware and limits the manner in which you can seek relief from us.
Except for any disputes in which either party seeks to bring an individual action in small claims court located in the county of your billing address, if the dispute meets the requirements to be heard in small claims court, or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Rena Ware waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Products or Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Products or Services will be resolved through confidential binding arbitration held in King County, Washington before and in accordance with the Streamlined Arbitration Rules and Procedures (“Rules“) of the Judicial Arbitration and Mediation Services (“JAMS“), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Rena Ware agree that any dispute arising out of or related to these Terms or our Products or Services is personal to you and Rena Ware and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Rena Ware agree that these Terms affect interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA“), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Rena Ware agree that for any arbitration you initiate, you will pay the filing fee and Rena Ware will pay the remaining JAMS fees and costs. For any arbitration initiated by Rena Ware, Rena Ware will pay all JAMS fees and costs. You and Rena Ware agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim you may have arising out of or related to these Terms or our Products or Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and Rena Ware will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 13 by writing to us at Rena Ware International, Inc. 15885 NE 28th Street, Bellevue, WA 98008. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14.
14. Governing Law and Venue
These Terms and your access to and use of our Products and Services will be governed by and construed and enforced in accordance with the laws of Washington, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King County, Washington.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms and any additional terms agreed to between you and Rena Ware constitute the entire agreement between you and Rena Ware relating to your access to and use of our Services and Products. The failure of Rena Ware to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.