Conditions of Use
Last updated: July 1, 2017
Welcome to RMBNaturals.com. RMB Naturals LLC (“RMB Naturals”) provide website features and other products and services to you when you visit or shop at RMBNaturals.com, use RMB Naturals products or services, use RMB Naturals mobile applications for, or use the website provided by RMB Naturals in connection with any of the foregoing (collectively, “RMB Naturals Services”). RMB Naturals provides the RMB Naturals Services subject to the following conditions.
By using RMB Naturals Services, you agree to these conditions. Please read them carefully.
We offer a wide range of RMB Naturals Services, and sometimes additional terms may apply. When you use an RMB Naturals Service you also will be subject to the guidelines, terms and agreements applicable to that RMB Naturals Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of RMB Naturals Services, to understand our practices.
When you use any RMB Naturals Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other RMB Naturals Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any RMB Naturals Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of RMB Naturals or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any RMB Naturals Service is the exclusive property of RMB Naturals and protected by U.S. and international copyright laws.
All graphics, logos, page headers, button icons, scripts, and service names included in or made available through any RMB Naturals Service are trademarks or trade dress of RMB Naturals in the U.S. and other countries. RMB Naturals’ trademarks and trade dress may not be used in connection with any product or service that is not RMB Naturals’, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits RMB Naturals. All other trademarks not owned by RMB Naturals that appear in any RMB Naturals Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RMB Naturals.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, RMB Naturals or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the RMB Naturals Services. This license does not include any resale or commercial use of any RMB Naturals Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any RMB Naturals Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by RMB Naturals or its licensors, suppliers, publishers, rights-holders, or other content providers. No RMB Naturals Service, nor any part of any RMB Naturals Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of RMB Naturals. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RMB Naturals without express written consent. You may not use any meta tags or any other “hidden text” utilizing RMB Naturals’ name or trademarks without the express written consent of RMB Naturals. You may not misuse the RMB Naturals Services. You may use the RMB Naturals Services only as permitted by law. The licenses granted by RMB Naturals terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any RMB Naturals Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. RMB Naturals does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the RMB Naturals Services only with involvement of a parent or guardian. RMB Naturals reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. RMB Naturals reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant RMB Naturals a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant RMB Naturals and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify RMB Naturals for all claims resulting from content you supply. RMB Naturals has the right but not the obligation to monitor and edit or remove any activity or content. RMB Naturals takes no responsibility and assumes no liability for any content posted by you or any third party.
RMB Naturals respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from RMB Naturals are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
RMB Naturals does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, RMB Naturals does not take title to the refunded item.
RMB Naturals attempts to be as accurate as possible. However, RMB Naturals does not warrant that product descriptions or other content of any RMB Naturals Service is accurate, complete, reliable, current, or error-free. If a product offered by RMB Naturals itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any RMB Naturals Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set or in multiple quantities, the List Price or Suggested Price may represent the aggregate of the RMB Naturals’ estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
RMB Naturals may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. RMB Naturals does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE RMB NATURALS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RMB NATURALS SERVICES ARE PROVIDED BY RMB NATURALS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RMB NATURALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE RMB NATURALS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RMB NATURALS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE RMB NATURALS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RMB NATURALS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RMB NATURALS DOES NOT WARRANT THAT THE RMB NATURALS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RMB NATURALS SERVICES, RMB NATURALS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM RMB NATURALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RMB NATURALS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY RMB NATURALS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY RMB NATURALS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any RMB Naturals Service, or to any products or services sold or distributed by RMB Naturals or through RMBNaturals.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, RMB Naturals will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any RMB Naturals Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Wyoming, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and RMB Naturals.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of RMB Naturals Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
RMB Naturals LLC
2123 Pioneer Ave
Cheyenne, WY 82001
How to Serve a Subpoena
If you have a subpoena to serve on RMB Naturals, please note that RMB Naturals does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on RMB Naturals, preferably by mailing the subpoena to our registered agent.
RMB Naturals’ registered agent and address is as follows:
Attn: Legal Department – Subpoena
3938 E. Grant Rd., #453
Tucson, AZ 85712
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- 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;
- 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.
RMB Naturals’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
RMB Naturals LLC
Attn: Legal Department
2123 Pioneer Ave
Cheyenne, WY 82001
Please note that this procedure is exclusively for notifying RMB Naturals that your copyrighted material has been infringed.
Additional RMB Naturals Website Terms
- Use of the RMB Naturals Website. You may use RMB Naturals Website solely for purposes of enabling you to use and enjoy the RMB Naturals Services as provided by RMB Naturals, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the RMB Naturals Website into your own website or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the RMB Naturals Website or otherwise assign any rights to the RMB Naturals Website in whole or in part.
You may not use the RMB Naturals Website for any illegal purpose. We may cease providing any RMB Naturals Website and we may terminate your right to use any RMB Naturals Website at any time. Your rights to use the RMB Naturals Website will automatically terminate without notice from us if you fail to comply with any of these Website Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain RMB Naturals Website that are specifically identified in related documentation may apply to that RMB Naturals Website (or incorporated with the RMB Naturals Website) and will govern the use of such website in the event of a conflict with these Conditions of Use. All software used in any RMB Naturals Website is the property of RMB Naturals or its software suppliers and protected by United States and international copyright laws.
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the RMB Naturals Website, whether in whole or in part, or create any derivative works from or of the RMB Naturals Website.
- Updates. In order to keep the RMB Naturals Website up-to-date, we may offer automatic or manual updates at any time and without notice to you.
- Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the RMB Naturals Website.