Terms of Service and Policy
INTRODUCTION
Welcome to the RheaKnives.Com Internet Site (referred to herein as "RKC,"
"site," "we," "us," or "our").
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE.
By using this Site, you signify your agreement to these terms of
use. If you do not agree to these terms of use, please do not use
this Site. We reserve the right, at our discretion, to change,
modify, add, or remove portions of these terms at any time. Please
check these terms periodically for changes. Your continued use of
this Site following the posting of changes to these terms will mean
you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in this Site are the copyrighted property of
RheaKnives.Com, or its affiliated companies and/or third-party
licensors. All trademarks, service marks, and trade names are
proprietary to RheaKnives.Com, or its affiliates. No material from
any RKC Site or any Internet site owned, operated, licensed, or
controlled by us or our affiliates may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any
way, except that you may download one copy of the materials on any
single computer for your personal, noncommercial home use only,
provided that (i) you keep intact all copyright and other
proprietary notices, (ii) you make no modifications to the
materials, (iii) you do not use the materials in a manner that
suggests an association with any of our products, services, or
brands, and (iv) you do not download quantities of materials to a
database that can be used to avoid future downloads from this Site.
For purposes of these terms, the use of any such material on any
other Web site or computer environment is prohibited. All
trademarks, service marks, trade names, and trade dress are
proprietary to us.
In the event you download software from this Site, the software,
including any files, images incorporated in or generated by the
software, and data accompanying the software (collectively, the
"Software") are licensed to you by us or third-party licensors for
your personal, noncommercial home use only. We do not transfer title
to the Software to you. You own the medium on which the Software is
recorded, but we (or third-party licensors) retain full and complete
title to the Software and all intellectual property rights therein.
You may not redistribute, sell, de-compile, reverse engineer,
disassemble, or otherwise reduce the Software to a human-readable
form.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, message board, opinion poll, or e-mail
function offered as part of this Site. If you participate in any
Forum within an RKC Site, you must not:
1. Defame, abuse, harass or threaten others;
2. Make any bigoted, hateful, or racially
offensive statements;
3. Advocate illegal activity or discuss illegal
activities with the intent to commit them;
4. Post or distribute any material that infringes
and/or violates any right of a third party or any law;
5. Post or distribute any vulgar, obscene,
discourteous, or indecent language or images;
6. Advertise or sell to or solicit others;
7. Use the Forum for commercial purposes of any
kind;
8. Post or distribute any software or other
materials that contain a virus or other harmful component; or
9. Post material or make statements that do not
generally pertain to the designated topic or theme of any chat room
or bulletin board.
It is our policy to respect the privacy of all customers.
Therefore, in addition to the privacy of Registration data (see our
Privacy Policy), we will not monitor, edit, or disclose the contents
of a customer's e-mail unless (a) you authorize us to do so, (b) we
must do so in order to resolve technical problems on this Site; or
(c) unless required to do so by law or in the good-faith belief that
such action is necessary to: (1) comply with the law or comply with
legal process served on us; (2) protect and defend our rights or
property; or (3) act in an emergency to protect the safety of our
customers or the public. Customers shall remain solely responsible
for the content of their messages.
We reserve the right to remove or edit content from any Forum at any
time and for any reason.
By uploading materials to any Forum or submitting any materials to
us, you automatically grant (or warrant that the owner of such
materials expressly granted) us a perpetual, royalty-free,
irrevocable, nonexclusive right and license to use, reproduce,
modify, adapt, publish, translate, publicly perform and display,
create derivative works from and distribute such materials or
incorporate such materials into any form, medium, or technology now
known or later developed throughout the universe. In addition, you
warrant that all so-called "moral rights" in those materials have
been waived.
When participating in a Forum, never assume that people are who they
say they are, know what they say they know, or are affiliated with
whom they say they are affiliated with in any chat room, message
board, or other user-generated content area. Information obtained in
a Forum may not be reliable, and it is not a good idea to trade or
make any investment decisions based solely or largely on information
you cannot confirm. We cannot be responsible for the content or
accuracy of any information, and shall not be responsible for any
trading or investment decisions made based on such information.
CONTENT LINKED TO ANY RKC SITE
Please exercise discretion while browsing the Internet using this
Site. You should be aware that when you are on this Site, you could
be directed to other sites that are beyond our control. There are
links to other sites from RKC pages that take you outside of our
service. For example, if you click on a link or a search result, the
click may take you off this Site. This includes links from content
partners that may use our logo(s). These other sites may send their
own cookies to users, collect data, solicit personal information, or
contain information that you may find inappropriate or offensive. In
addition, advertisers on this Site may send cookies to users that we
do not control.
We reserve the right to disable links from third-party sites to this
Site or any page of this Site. No deep linking is permitted without
prior written permission!
We make no representations concerning the content of sites listed in
any of our directories. Consequently, we cannot be held responsible
for the accuracy, relevancy, copyright compliance, legality, or
decency of material contained in sites listed in our search results
or otherwise linked to an RKC Site.
Please keep in mind that whenever you give out personal information
online --- for example, via message boards or chat --- that
information can be collected and used by people you don't know.
While RKC strives to protect your personal information and privacy,
we cannot guarantee the security of any information you disclose
online; you make such disclosures at your own risk.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT ANY RKC SITE OR THE SERVERS THAT
MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content,
or availability of information found on sites that link to or from
this Site. We cannot ensure that you will be satisfied with any
products or services that you purchase from a third-party site that
links to or from this Site or third-party content on our sites. We
do not endorse any of the merchandise, nor have we taken any steps
to confirm the accuracy or reliability of, any of the information
contained in such third-party sites or content. We do not make any
representations or warranties as to the security of any information
(including, without limitation, credit card and other personal
information) you might be requested to give any third-party, and you
hereby irrevocably waive any claim against us with respect to such
sites and third-party content. We strongly encourage you to make
whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any of these
third parties.
CREDIT CARDS (Present and Future provisions)
RKC takes the issue of your privacy seriously. We provide your
credit card number, billing and shipping information to
participating merchants from whom you buy goods or services. The
merchants are solely responsible for how they use that information
and any other information they independently acquire from you or
about you. Otherwise, we do not share your credit card information
with anyone else. For more information, please read our Privacy
Policy.
To protect the security of your credit card information, we employ
the industry-standard Secure Sockets Layer (SSL) technology. We also
encrypt your credit card number when we store your order and
whenever we transfer that information to participating merchants.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of
your Password and account and for all activities that occur under
your account. You hereby indemnify, defend, and hold us and our
affiliates and our officers, directors, owners, agents, information
providers, affiliates, licensors, and licensees (collectively, the
"Indemnified Parties") harmless from and against any and all
liabilities and costs (including reasonable attorneys' fees')
incurred by the Indemnified Parties in connection with any claim
arising out of any breach by you of this Agreement or claims arising
from your account. You shall use your best efforts to cooperate with
us 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.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THIS SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY,
FOR ACCESSING THIS SITE.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in this Site are presented
solely for the purpose of promoting the retail business of
RheaKnives.Com. RKC is controlled and operated by Linden Rhea of
Prattsville, Arkansas. We make no representation that materials on
this Site are appropriate or available for use in any particular
location. Those who choose to access this Site do so on their own
initiative and are responsible for compliance with local laws, if
and to the extent local laws are applicable. Software from this site
is further subject to United States export controls. No software
from this site may be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country to which the
U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using
the Software, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such country
or on any such list.
TERMINATION
These terms are effective until terminated by either party. You may
terminate these terms at any time by discontinuing use of this Site
and destroying all materials obtained from any and all such sites
and all related documentation and all copies and installations
thereof, whether made under these terms or otherwise. Your access to
this Site may be terminated immediately without notice from us if in
our sole discretion you fail to comply with any term or provision of
these terms. Upon termination, you must cease use of the Site and
destroy all materials obtained from such site and all copies
thereof, whether made under these terms or otherwise.
GENERAL PROVISIONS
These terms shall be governed by and construed in accordance with
the laws of the State of Arkansas, without giving effect to any
principles of conflicts of law. You agree that any action at law or
in equity arising out of or relating to these terms shall be filed
only in the state or federal courts located in Little Rock,
Arkansas, and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such
action. If any provision of these terms shall be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed
severable from these terms and shall not affect the validity and
enforceability of any remaining provisions. This is the entire
agreement between us relating to the subject matter herein and shall
not be modified except in writing, signed by both parties.
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