Restyn, LLC - Terms and Conditions
Please read the following terms and conditions ("Terms and Conditions")
carefully before using this web site ("Site"). By accessing or
using this Site, you agree to the following Terms and Conditions
which shall constitute a legally binding agreement between you
and Restyn, LLC ("Restyn"). You should review these terms and
conditions regularly as they may change at any time at our sole
discretion. If you do not agree to any term or condition, you
should not access or otherwise use this Site.
1. We Provide Our Web Site For Your Convenience Only
Our Site is provided to you without charge as a convenience
and for your information only. By merely providing access to our
Site content, we do not warrant or represent that:
- The content is accurate or complete;
- The content is up-to-date or current;
- We have a duty to update any content;
- The content is free from technical inaccuracies or typographical
errors;
- The content is free from changes caused by third party; and
- Your access to our Site will be free from interruptions, errors,
computer viruses or other harmful components.
We do not assume any liability for these matters. In other words,
you use our Site at your own risk.
2. We Provide Our Web Site "As Is" and Disclaim All Warranties
Our Site, including all content, software and functions made
available on or accessed through our Site, is provided "as is,
where is" and "as available". To the fullest extent permissible
by law, we and any subsidiaries and affiliates make no representations
or warranties of any kind as to the content, software or functions
accessed through our Site, for any products or services or links
to third parties or for any breach of security associated with
the transmission of sensitive information through our Site or
any linked site. WE AND OUR SUBSIDIARIES AND AFFILIATES DISCLAIM
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
NON-INFRINGEMENT, QUIET ENJOYMENT, QUALITY OF INFORMATION, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA
OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT
OF THIS WEB SITE. WE DO NOT WARRANT THAT ANY CONTENT OR INFORMATION
ACCESSED THROUGH OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER
THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL RESTYN OR ANY OF ITS PRINCIPALS, MEMBERS, DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SPONSORS OR SERVICE PROVIDERS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY
RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE, EVEN
IF RESTYN OR ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
3. We Do Not Have Responsibility for Links to Third Party Content
We may provide hyperlinks or pointers to other web sites maintained
by third parties or may provide third party content on our web
site by framing or other methods. The links to third party web
sites are provided for your convenience and information only.
The content in any linked web sites is not under our control so
we are not responsible for the content, including any further
links in a third party site. If you decide to access any of the
third party sites linked to our web site, you do this entirely
at your own risk. It is up to you to take precautions to ensure
that the third party you link to for your use is free of computer
viruses, worms, trojan horses and other items of a destructive
nature.
4. If We Provide a Link, We Do Not Necessarily Endorse a Third
Party
We reserve the right to terminate a link to a third party web
site at any time. The fact that we provide a link to a third party
web site does not mean that we endorse, adopt, authorize or sponsor
that web site. It also does not mean that we are affiliated with
the third party web site's owners or sponsors.
5. If a Third Party Links to Our Site, It is Not an Endorsement
If a third party links to our Site, it is not necessarily an
indication of an endorsement, adoption, authorization, sponsorship,
affiliation, joint venture or partnership by or with us. In most
cases, we are not aware that a third party has linked to our Site.
A web site that links to our Site:
- May link to, but not replicate, our content;
- May not create a browser, border environment or frame our
content;
- May not imply that we are endorsing it or its products;
- Should not misrepresent its relationship with us;
- Should not present false information about our products or
services; and
- Should not contain content that could be construed as distasteful,
offensive or controversial, and should contain only content
that is appropriate for all age groups.
- If You Transmit or Provide Data to Us, It is Non-Confidential
We do not want to receive confidential or proprietary information
from you through our Site. If you transmit to or post on our Site
any material, data, information or idea by any means, it will
be treated as non-confidential and non-proprietary and Restyn
shall be free to reproduce, publish, or otherwise use such information
for any purposes whatsoever including, without limitation, the
research, development, manufacture, use or sale of products incorporating
such information. The sender of any information to Restyn is fully
responsible for its content, including its truthfulness, accuracy,
and its non-infringement of any other person, organization, or
entity's proprietary rights. Personal data provided to us will
be handled in accordance with our Privacy
Policy.
6. Reader Reviews, Emails, Form Submissions, and All Other Electronic Correspondence
By submitting reader reviews, emails, form submissions, or any
other correspondence ("Submissions") to Restyn, you agree to the
following: You grant Restyn and its partners, affiliates, successors
and licensees the irrevocable, worldwide and perpetual right to
use, reproduce, edit, modify, amend, translate, publish, display
(in whole or in part), and create derivative works from the Submissions
for promotional purposes (including but not limited to use on
the Restyn website ( http://www.restyn.com), on other websites
controlled by Restyn, and on sites to which Restyn contributes
content), as well as for any other lawful purpose, in all forms
and all media, whether now known or hereafter developed, including
but not limited to electronic and print media. You waive any claims
you may have based on such use, including but not limited to claims
for invasion of privacy, violation of right of publicity and libel.
No royalties or other payment will be payable for use of the Submissions
by Restyn or by any third party. You expressly represent and warrant
that you own all rights in and to the Submissions (unless you
have explicitly attributed the Submissions to other authors/owners)
and that you have full authority to grant the rights described
above. You represent and warrant that each of your Submissions
is factually accurate, is not slanderous or libelous, does not
infringe any intellectual property rights and does not violate
any right to privacy or other personal or property right whatsoever
or contain any matter otherwise contrary to law. Restyn assumes
no responsibility or liability for any Submission posted by any
user, reader, customer, or other 3rd party, including you. You
agree to indemnify and hold harmless Restyn and its partners,
affiliates, successors and licensees, and their respective agents,
employees, owners, directors, officers, successors and assigns
from and against any cost or expense, including but not limited
to attorneys' fees incurred at arbitration, at trial or on any
appeal, arising from any claims resulting from the use of your
Submission. Restyn has the right to refuse to post or accept any
Submission for any reason and to remove, purge, or rotate Submissions
from its website or other materials for any reason at any time.
7. By Providing Content, We Do Not Allow You to Use Our Trademarks
The trademarks, service marks and logos used and displayed on
our Site are our registered and unregistered trademarks. Nothing
on this Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any trademark,
without our written permission. We aggressively enforce our intellectual
property rights. The names "Restyn, LLC" or "Restyn"
or our logo may not be used in any way, including in advertising
or publicity pertaining to distribution of materials on our Site,
without prior written permission. You may not use any metatags
or any other "hidden text" utilizing Restyn's name or trademarks
without the prior express written consent of Restyn. You are not
authorized to use our logo as a hyperlink to our Site unless you
obtain our written permission in advance.
8. All Content on Our Web Site is Copyrighted
All content included on this Site, including any materials,
documents, text, designs, graphics, logos, images, audio and video
("Content") is the property of Restyn or its affiliates and suppliers,
and is protected by United States and international copyright
laws. The compilation and "look and feel" of all Content on this
Site is the exclusive property of Restyn and also protected by
United States and international copyright laws. You may not inline,
frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information of Restyn (including images,
text, page layout or form) without our prior express written permission.
9. You Must Obey Local Laws in Accessing Our Site
This Site is controlled by us from our offices within the United
States of America. We make no representation that content or materials
on the Site are appropriate or available for use in other jurisdictions.
Access to our Site content or materials from jurisdictions where
such access is illegal is prohibited. If you choose to access
this Site from other jurisdictions, you do so on your own initiative
and are responsible for compliance with applicable local laws.
We are not responsible for any violations of law. You may not
use or export the materials on this Site in violation of U.S.
export laws and regulations.
10. You are Bound by Changes in these Terms and Conditions
We may at any time revise these Terms and Conditions by updating
this page. By using our Site, you agree to be bound by any such
revisions and should therefore periodically visit this page to
determine the then current terms and conditions to which you are
bound. Certain provisions of these Terms and Conditions may be
superseded by other legal notices or terms located on parts of
our Site.
11. You Agree to Indemnify Us for Using Our Site
You hereby jointly and severally agree to indemnify, defend
and hold us and our subsidiaries and affiliates, and any of our
or their respective officers, directors, owners, agents, employees,
information providers, licensors and licensees (collectively,
the "Indemnified Parties") harmless from and against any and all
liability and costs, including, without limitation, attorneys'
fees and costs incurred by the Indemnified Parties in connection
with any claim arising out of your use of our Site or any breach
by you of these Terms and Conditions, or the purchase by you of
securities, including any liabilities associated with a violation
of federal or state securities laws. If the indemnity provided
in this paragraph is not available or is insufficient to hold
harmless the Indemnified Parties for any reason, you agree to
contribute to the aggregate losses, claims and liabilities to
which the Indemnified Parties may be subject in such proportion
as appropriate to reflect the relative fault by you and the Indemnified
Parties with respect to the activity giving rise to the indemnity
claim. You will cooperate as fully as reasonably required in the
defense of any claim. We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you and you will not in any event
settle any such matter without our written consent.
12. Third Parties May Have Rights Under This Agreement
Some of the provisions of these Terms and Conditions are for
the benefit of Restyn and its subsidiaries, affiliates, officers,
directors, employees, agents, licensors and suppliers. Each of
these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.
13. How This Agreement May Be Terminated
These Terms and Conditions may be terminated by either party
without notice at any time for any reason; provided that you may
no longer use our Site after you have terminated this agreement.
Provisions 2, 6, 7, 8, 9, 11, 12 and 14 of these Terms and Conditions
shall survive any termination.
14. Governing Law and Arbitration
Any legal issues arising from or related to your visit to the
Site or services provided through the Site shall be construed
in accordance with, and all questions with respect thereto shall
be determined by, the laws of the State of Maryland applicable
to contracts entered into and wholly to be performed within that
state. Any controversy or claim arising out of or relating to
these Terms and Conditions and any use of the Site shall be settled
by binding, confidential arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any
such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitration shall
be conducted in Lutherville, Maryland, and judgment on the arbitration
award may be entered into in any state or federal court in Maryland
having jurisdiction thereof. Any party seeking temporary or preliminary
injunctive relief may do so in any state or federal court in Maryland
having jurisdiction thereof. Except as set forth above, the state
and federal courts of Maryland shall be the exclusive forum and
venue to resolve disputes arising out of or relating to these
Terms and Conditions or any use of merchandise sold through this
Site. By using this Site, and thereby agreeing to these Terms
and Conditions, users consent to personal jurisdiction and venue
in the state and federal courts in Maryland with respect to all
such disputes.
15. Miscellaneous
Our failure to insist upon or enforce strict performance of
any provision of these Terms and Conditions shall not be construed
as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any
provision of these Terms and Conditions. We may change, suspend
or discontinue any aspect of our Site or service at any time.
Restyn reserves the right to change system configurations, product
specifications, upgrades, pricing, layouts, options and any other
specifications at any time without notice. We may also impose
limits or restrictions on certain services, features or content
or restrict your access to parts or all of our Site without notice
or liability.
These Terms of Use constitute the entire agreement between us
and supersede any prior agreements or understandings not incorporated
herein.
We welcome your questions and comments regarding these Terms
and Conditions and anything else on this Site. Please email us
at
.
|