Acceptance of Agreement
You agree to the terms and conditions outlined in this Agreement with respect to this Site. This Agreement constitutes the entire and only agreement between Recovered Asset Advisors and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. We may amend this Agreement at any time, from time to time, without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, reproduction, displaying, selling, leasing, transmitting, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You may not create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it without express written permission from us. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties. You may not use the information or content provided on the Site for any commercial use or make any use of the Site for the benefit of another business unless we provide your with explicit written permission in advance of such use. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
“Recovered Asset Advisors” and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners. The use of any of our trademarks or service marks without our express written permission is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You many not use our trademarks or service marks in any manner that disparages or discredits us.
Limited License; Permitted Uses
You are granted a limited, non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances. With the exception of the main search engine bots, the use of data-mining and/or extraction software or bots (or any program construed as such) that is not collecting data for a search engine is strictly forbidden. Any unauthorized data-mining/extraction software used on this site or any Recovered Asset Advisors affiliate websites will be construed as hacking. Any breach of this Agreement shall result in immediate revocation of the license granted in this paragraph without notice to you.
All text, graphics, images, audio clips, button icons, and software belong to Recovered Asset Advisors. The collection, arrangement, and assembly of all Content on this Site (“Compilation”) belongs to Recovered Asset Advisors. The Content and Compilation are protected by U.S. and international copyright laws.
Restrictions and Prohibitions on Use
Linking to the Site
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
This Site may be accessed from countries other than the United States. However some products or references to products may not be available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local regulations and laws.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Reviews and Comments
We welcome your comments and reviews regarding our Site and products. However, we do not accept confidential or proprietary information. Therefore, all comments, feedback, ideas, suggestions, information, materials, and other submissions (“Submissions”) disclosed, submitted, or offered to us are not confidential and will become and remain Recovered Asset Advisors’s property and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form. In addition, when you post comments or reviews to the Site, you grant us the right to use the name that you submit with any review, comment, or other Submission in connection with such review, comment, or other Submission. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, or other Submissions that you post on the Site and that use of your reviews, comments, or other Submissions by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. Submissions must not contain any libelous, abusive, obscene, or otherwise unlawful material. We reserve the right to remove or edit any Submissions for any reason.
Use of Information
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail address, usage history, posted materials, IP address and traffic information. You are solely responsible for all access to and use of this Site by anyone using the password and identification originally assigned to your whether or not such access is authorized by you, including but not limited to all communications, transmissions, and obligations including financial obligations incurred through such use. You are responsible for the protection and privacy of your identification and password. You must immediately notify us of any unauthorized use of your password or identification.
Risk of Loss
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sales.
Your right to use the Site is not transferable or assignable. Any password, coupon code, discount, or right given to you to obtain information is not transferable or assignable.
Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable there from, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party. (b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU (IF ANY) FOR THE PRODUCTS RECEIVED, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR ANY AFFILIATED PARTY.
We may allow access to or advertise certain third-party products or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
The Site contains links to other web sites owned and operated by third parties. We are not responsible for the operation, content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information (each, a “Notice”): a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b. A description of the copyrighted work that you claim has been infringed; c. A description of where the material that you claim is infringing is located on the Site; d. Your address, telephone number, and e-mail address; e. 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; and f. 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. All Notices should be directed via the Contact Us option at recoveredassetadvisors.com
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
CA Residents and Wholesale Customers
If you are an approved California wholesale customer, by purchasing merchandise from the Site, you state that you are purchasing for reuse OR hold a valid California seller’s permit and the merchandise is being bought for resale and is tax exempt. You further assume all responsibility for any California taxes resulting from the personal use of purchased merchandise.
This Agreement shall be treated as though it were executed and performed in Round Rock, Texas, and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Content and Materials, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth previously. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be assigned by us in our sole discretion to a third party in the event of an acquisition, sale, merger or other transaction. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
The laws of Texas will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
Any legal controversy or legal claim arising out of or relating to this Agreement or our products or services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our product or services, shall be settled solely by binding confidential arbitration in accordance with any set of applicable commercial arbitration rules selected by us. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under this Agreement shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at 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, whether through class action proceedings or otherwise. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. The arbitration shall be conducted in Southern California, and judgment on the arbitration award may be entered into any California court having jurisdiction thereof. The arbitrator’s award shall be final and binding. We may seek any interim or preliminary relief from a court of competent jurisdiction in California necessary to protect our rights or property pending the completion of arbitration. If you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California.
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions.
You agree that our remedy at law for any threatened breach of this Agreement would be inadequate that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together, with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or remedy of ours shall be exclusive or any other, including without limitation damages, injunctive relief, attorneys’ fees, and expenses. No instance of waiver by us of our remedies under these terms and conditions shall imply an obligation to grant any similar, future, or other waiver.
Termination and Effect of Termination
We may, without prior notice to you, immediately terminate the Agreement and/or revoke all your rights granted under this Agreement. Upon termination, you shall immediately cease use and access of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke your passwords and account identification and deny access to the Site, in whole or part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation payment obligations) of the parties arising before the date of termination.